Hello,
This is now direct proof and evidence that AGM 2015, like
all general meetings conducted by BCS Strata Management
(old name Raine & Horne Strata Sydney) in last 15 years in
SP52948 is based on illegal actions.
Nobody can now ignore the fact that BCS Strata Management
is heavily involved in corruption and that cannot be fixed without
penalties. Department of Fair Trading license strata managers
and it is clear whose duty is to apply the law for misconduct,
mismanagement, and lack of duty of care.
1. As of 24 October 2015, I, and who knows how many other owners,
did not receive personal copy of the notice for AGM 2015, scheduled for
4 November 2015.
2. None of my planned and announced Motions are included
in the agenda for AGM 2015. As well, BCS Strata Management
deliberately avoided requesting final version of Motions from me,
directly in non-compliance with SSMA 1996 Schedule 2 Section 36.
Department of Fair Trading was warned about that in advance.
3. BCS Strata Management failed to provide access to financial and other
strata documents as per SSMA 9916 Section 108 three times in 2015,
and that does not include failed presentation of documents as per paid
search on 26 October 2014.
Special evidence that Mr. Russell Young and Mr. Billy Cheung
hindered investigations by the Department of Fair Trading was offered
and not yet reviewed by the Department.
4. One-page balance sheet contains numerous obvious accounting
errors, even though only very limited number of invoices are published.
5. During 20145, number of large-expenses were "approved"
without any tenders of competitive quotes, amounting to around
$300,000.00 (GST inclusive):
Roseriver - Block D Hot Water System - $46,200.00 in Jun2015
Roseriver Pty Ltd - Hot Water System - $10,109.00 in Sep2015
Kintyre Building Services - Block B roof repairs - $59,356.00 in Feb2015
Kintyre Building Services Block D roof repairs - $109,285.00 in Oct2015
QBE Insurance - $72,456.06 in Sep2015
And these are just few of questionable expenses.
6. How corrupt BCS Strata Management staff is proven by this evidence:
Kintyre Building Services provided quote for repairs of Block D roof
as an emergency issue in amount of $59,356.00 on 4 March 2015.
Nothing was done until six months later, when, again without any tender,
and failing to prove that there was one, the same repairs were
"allegedly" negotiated with 40% discount in amount of $109,285.00.
BCS STrata Managemtn claims that it was an emergency, but that
"emergency" has been documented by Napier & Blakeley
building report for more than three years (we paid more than $12,000.00
for that assessment, which was never provided to owners).
7. In the agenda for AGM 2015, no corrections of Minutes of AGM 2014
were provided, and as I firmly stated, proof that the last year's meeting
had quorum and members of EC voted in through proper ballot paper
have never been disclosed.
8. In the agenda for AGM 2015, BCS Strata Management falsely states that
repairs of roof in Block A and C are not required in foreseeable future.
BCS Strata Management conveniently fails to revoke Napier & Blakeley
professiona building report, dated July 2012, which states the following
on page 8:
BEGIN QUOTE
The flat concrete deck roof areas to Blocks A, B, C and D contain large
areas of standing water. A number of previous patch repairs have been
carried out. The surfaces require preparing and recovering with a liquid
applied waterproof membrane within the short to medium term (1-5
years).
END QUOTE
9. BCS Strata Management, who is solely responsible for failing to
manage contract with wireless ISP BigAir for 11 years, has done nothing
to avoid massive losses to owners corporation and agenda for AGM 2015
confirms it.
10. BCS Strata Management failed to seek quotes for overdue painting
of all four buildings in the complex, as photos show the neglect and
unsightly appearance:
http://www.nswstratasleuth.id.au/Macquarie-Gardens-photos/gallery/index.php?/category/19
http://www.nswstratasleuth.id.au/Macquarie-Gardens-photos/gallery/index.php?/category/20
11. And much more.
Unless Department of Fair Trading takes immediate action to declare
AGM 2015 illegal and non-compliant with SSMA 1996 and accompanied
regulations, I can safely declare that AGM 2015 is illegal and will force
direct actions that cannot use owners corporation
funds for any legal or other defence.
PS. Reminder:
a) Requests to include Motions for AGM/EGM 2015 were sent as
early as January 2015:
27 January 2015
Apart from Strata Manager Mr. Russell Young, Branch Manager
Mr. Billy Cheung received a copy at the time. No response was received.
It was officially resent on 2 October 2015 BCS Strata Management
and all members of the EDC. It was also sent to COO of BCS
Mr. Greg Freeman.
Clear warning was provided to BCS Strata Management that Department
of Fair Trading recommended that Motion on forensic financial auditor
be presented at the meeting.
No response was received.
b) Department of Fair Trading received number of notices that BCS Strata
Management is corrupt, incompetent, and acts against real benefits of
owners corporation.
c) Request to view documents as per SSMA 1996 were ignored
by BCS Strata Management three times:
2 September 2015
15 September 2015
5 October 2015 (EC members)
On 11/10/15 07:52, SP52948 wrote:
Evidence that Department of Fair Trading recommendation for Motions at AGM 2015 was initiated
in a timely manner. COO of BCS Strata Management was CC-ed as a witness too.
If BCS Strata Management does not respond, or does not also allow document viewing
as requested THREE times in August and September 2015, the AGM 2015 is
already doomed as being deliberately rigged and non-compliant with SSMA 1996.
One of the new items is renewal of insurance with QBE without evidence of a tender,
who our strata plan has very negative experiences with (overcharged in the past,
declined perfectly valid claims and involved in payments for non-existent legal case).
-------- Forwarded Message --------
Subject: Re: SP52948 Advance notice to ask me for Motions for AGM 2015
Date: Fri, 2 Oct 2015 18:48:28 +1000
From: SP52948 owner
To: RussellY@bcms.com.au, Billy.Cheung@bcssm.com.au, gary.mills@bcssm.com.au
CC: Greg.Freeman@picaust.com.au
Hello,
As per my original advanced notice early this year, I intend to
submit several Motions for AGM 2015.
Once the date of the AGM is set, in timely manner before
the agenda is set for the meeting, it is your duty to contact me
to provide you with the Motions.
In next week or two, Department of Fair Trading will contact you
in regards to SSMA 1996 S108 and mismanagement of the complex
during 2015.
An update to SSMA1996 S108 is now ready.
It include request to provide evidence of competitive tenders for insurance
renewal in September 2015, which was awarded to QBE.
The renewal's expense to owners corporation is $72,456.06.
Back in FY 2013, QBE was overly expensive and owners corporation overpaid
the insurance:
Strata Plan: SP52948
Strata Address: 1-15 Fontenoy Road, Macquarie Park, NSW 2113
Insurer Name: QBE Insurance Group Ltd.
Policy Number: 836665
Start Date: 21/09/2012
Expiry Date: 22/09/2013
Premium: $84,414.77
Broker Name: Gallagher Broking Services
In most years, SP52948 used CHU or QBE for insurance purposes. It is actually the same
company. QBE acquired CHU Underwriting Agencies in 2005.
SP52948 has poor experiences with them:
- CHU rejected claim for lift cables in 2010, which were damaged by staff of Electrical Solutions
company in attempt to secretly upgrade power switch to help Optus get enough power
for mobile tower installation on the roof of Block C. Electron Management company got
involved in dodgy "repairs" which cost owners corporation around $50,000.00.
CHU refused the claim although it was purely a damage by incompetent staff of
Electrical Solutions (short-circuited two phase of power supply to lift in Block A):
http://www.nswstratasleuth.id.au/Raine-and-Horne-Strata-Sydney-BCS-Course-101-Lesson-22-Attempt-to-Defraud-Owners-Corporation-of-Rightful-Income-Through-Unfair-Telecom-Installation.pdf
- CHU paid symbolic insurance claim for bad hot water system upgrade in Block D in 2012.
The company that BCS Strata Management used for repairs declared bankruptcy and they
could not be chased for appalling work. Just for Block D, the expenses for hot water leaks and
boilers are in excess of $60,000.00 in period September 2011 and June 2015. Even more
intriguing is the fact that the hot water boilers were replaced THREE times in period of around
seven years in Block D! It took almost two years to receive warranty claim of measly
$783.50 from CHU. And when the hot water tank was replaced in 2012, it lasted only three
years, when, after numerous additional repairs, $46,200.00 was spent in June 2015.
- In addition, QBE and underwriter CHU were involved in four fraudelent insurance claims in
non- existent defence case for owners of Lot 3, amounting to almost $25,000.00:
http://www.nswstratasleuth.id.au/Raine-and-Horne-Strata-Sydney-BCS-Course-101-Lesson-16-How-To-Secretly-Engage-Solicitor-Illegally-and-Make-Fraudelent-Insurance-Claims.pdf
Finally, it is interesting to learn more about how BCS mismanages other complexes.
I am getting so much information from other sources and we are uniting to
deal with it.
My activities uncovered what Simon Wicks did in another complex nearby:
Failure of an electricity cable that should be covered by insurance.
There was a failure in shop on the ground floor in the building.
By delaying the repair and temporarily hooking up the shop to the
building's working power, the matter was delayed for months.
Ausgrid could do the job for $2,500 to $6,000 at a cost to the
insurer but now Electron are going to do the job for $25,000 + GST
to renew the power cable to the shop.
This is four times the original maximum quote by Ausgrid to
come from the owners' sinking fund, instead of the insurer's fund,
because Simon Wicks asked at their AGM if the owners would vary the
insurance policy because the insurance company had asked for it!?.
With an outstanding claim and quote dated April, the attendees
at the AGM not having seen the quote or even being aware of the
implications of their going along with the request, agreed to lessen
how much the insurer pays and took out electrical failure without any
reduction in premiums.
