Please forward this email and attachment to Managing Director of Pica Group Mr. Greg Nash.

As a reminder, as many times before, I emphasize my attempts to engage
you in open, professional discussions and actions. BCS Strata Management
declined each time over last six years:

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

You also had three secret gatherings (allegedly with EC members), but again failed to
send agenda before meetings and minutes after meetings. The charges for them are
significant, especially since minutes of EC meeting after AGM 2016 confirm that none of them
existed:

http://www.nswstratasleuth.id.au/BCS17525668-BCS-Strata-Management-charges-for-three-EC-meetings-without-diclosure-agenda-and-minutes-19Oct2016.pdf

On 12/10/16 19:23, SP52948 owner wrote:

Hi,

There is no need to forward my email to members of the committee. I made sure to do it,
as much as to notify other interested parties.

It is now clear that EC and BCS Strata Management engaged Solicitor Adrian Mueller
more than a month ago and spent significant owners' money on trying to
prevent my Motions from being tabled at the meeting. BCS Strata Management and
EC members planned to remove my "dangerous" motions for a long time.

Solicitor Mr. Adrian Mueller, earned more  than $63,000.00 from SP52948 so far:

http://www.nswstratasleuth.id.au/SP52948-BCS-Strata-Management-Ran-Timewarped-EC-Meeting-to-Hinder-CTTT-Investigations-19Apr2013.pdf

That information was never disclosed to owners and BCS Strata Management even destroyed
financial document before AGM 2014 to hide details about real costs for Solicitor:

http://www.nswstratasleuth.id.au/BCS-Strata-Management-Example-of-Manipulating-Accounting-Figures-and-then-Destroying-Official-Document-2013.pdf

In addition, one of my Motions directly implicates Solicitor Adrian Mueller and BCS Strata Management:

http://www.nswstratasleuth.id.au/BCS-Strata-Management-Secretly-Engaging-Solicitor-Illegaly-and-Making-Fraudelent-Insurance-Claims-2012-2013.pdf

It is very clear why there is an attempt to hide it from owners.

In regards to BCS web site: I have an account and am fully aware of it.
Lot of invoices and financial documents are missing from it.
What is provided by BCS online is a small percentage of owners corporation
documents.

Asking owners to approve increase of levies in amount of 6.1% this year is
basically asking owners to approve serious, deliberate, persistent,
and premeditated mismanagement of the complex at their own cost.


On 12/10/16 09:58, Simon Brikha wrote:

Thank you for your email and for submitting the attached proxy form.

I have submitted your proxy form to the Executive Committee and I will ensure that it is tabled at the AGM. 

On another matter, I just wanted to ask you whether you have access to our Community Hub portal. This online system allows you to check all the invoices, financials, work orders and other details and documents relating to your property whenever you like. If you want assistance in setting up your username and password please let me know and I will reply with the information. It is a great system that will give you 24 hour access to all the documents relating to your property. 

Many thanks and have a lovely afternoon.

Kind Regards

Simon Brikha
Strata Manager
Dip of Mgt (Strata)
 
Level 2, 51 Rawson Street, Epping, NSW, 2121
Locked Bag 22, Haymarket NSW 1238
T: (02) 9868 2999
www.bcssm.com.au
 
Repairs & Maintenance:  1300 834 948
Repairs & Maintenance email:  repairs@picaust.com.au
 
Enhancing Community Living
 
 
-----Original Message-----
From: SP52948 owner
Sent: Tuesday, 11 October 2016 9:25 PM
To: Simon Brikha; Linda Leong
Cc: Mike Smythe; Greg Freeman
Subject: SUMMARY SP52948 Proxy form from Lot 158 and summary of non-compliance actions by BCS STrata Management on 11Oct2016

Hi,

It is 11 October and, by law, all updates for the agenda for AGM scheduled on 19 of this month must be sent to each owner, first mortgagee and covenant chargee, as shown on the strata roll with seven clear days notice given plus time for postage (if the notice is being mailed).

Sadly, In spite of repeated attempts, you have proven to have failed in your basic duties in such a short time (seventh BCS strata manager for our complex in six years).

That confirms past experiences with BCS staff and managers:

http://www.nswstratasleuth.id.au/SP52948-BCS-Strata-Management-Examples-of-Staff-Receiving-Complaints-and-Not-Responding.pdf

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

http://www.nswstratasleuth.id.au/BCS-Strata-Management-false-statements-at-ProductReview-and-absolute-lack-of-customer-service-for-Strata-Plan-SP52948.pdf

http://www.nswstratasleuth.id.au/Greg-Freeman-COO-BCS-Strata-Management-Persistent-Silence-Lack-of-Actions-2014-2016.pdf


1. It would be a WASTE OF MY TIME to attend this general meeting which does not satisfy even basic business requirements and reporting.

Hence, I submit the proxy form with direct instructions how to vote on my behalf.


2. Though this email, I also submit my candidacy for the Executive Committee. At AGM 2014, compulsory ballot was not conducted.

At AGM 2015, my candidacy was deliberately excluded.

I am committed to clean up the financial management of the complex with full transparency and better maintenance of the complex with best possible outcomes for the costs approved.


3. Your reply to me below confirms that you deliberately excluded many Motions from AGM 2016 and that you are personally responsible for it.

You had enough time since last Friday to update the agenda and send it to owners on time.
That did not happen.

Missing Motions directly implicate members of the Executive Committee (with full evidence) and BCS Strata Management.


4. Yet again, BCS Strata Management refused to sign the tender declaration:

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


5. Competitive tender by Ryan Strata was deliberately excluded from agenda for the meeting on weak grounds that this was a new company.

Similar "tender" by current Caretaker in 2014 did not stop EC members to approve his bid in amount of
$289,000.00 (16% increase to previous company) without any other competitive tender in spite of fact that Steve never ran caretaking business and registered a company only six months earlier.

The fact that caretaker's contracts alone spent close to 4 million dollars from our funds since BCS Strata Management (old Raine & Horne Strata Sydney) started managing the complex without any tenders should be a shocking wake-up call.

http://www.nswstratasleuth.id.au/SP52948-BCS-Strata-Management-No-Tenders-for-Caretaker-Contracts-for-15-years-with-Excessive-Losses-to-Owners.pdf

Details of superior tender by Ryan Strata (that owners were never allowed to see) are enclosed herewith.


6. Current EC members, with special focus on Mr. Stan Pogorelsky and Mr. Moses Levitt, have direct conflict of interest in regards to BCS Strata Management and EGM meeting in 2013 is an example of it (see attachment).

Lack of quorums at general meetings is well documented:

http://www.nswstratasleuth.id.au/BCS-Strata-Management-SP52948-General-Meetings-without-Quorum-for-15-Years.pdf

http://www.nswstratasleuth.id.au/SP52948-BCS-Strata-Management-Ran-Timewarped-EC-Meeting-to-Hinder-CTTT-Investigations-19Apr2013.pdf


7. Latest photos of the complex show terrible state of the maintenance:

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

Just last week, I uncovered that three fire doors in the basement are again failing to be compliant with fire safety standards. Caretaker was notified by he decliend to respond.

Let it be known that I forced the external door on my unit to be fully replaced in July this year (after 12 years of not being compliant with NSW fire safety standards).
 
Whilst I was taking photos of the complex, I was approached by Steve (current Caretaker).
He agreed that the maintenance of the exterior of buildings, garden beds, and two roof tops (still did not replace membranes) are below acceptable standards. He tried to defend himself by saying that certain members of the EC and Strata Manager prevented him from delivering better services. My oral and email response was to provide me with evidence who asked him not to maintain the common property - so far, he stayed silent.

As a reminder, here is who was responsible for approving garden bed repairs with hidden cost of four times above the approved value in 2013 and to this day failed to enforce the repairs as per warranties:

http://www.nswstratasleuth.id.au/Macquarie-Gardens-photos/gallery/picture.php?/2726/category/48


8. BCS Strata Management persistently prevents owners from obtaining access to full strata files:

http://www.nswstratasleuth.id.au/SP52948-SSMA1996-S108-Document-Viewing-Undislosed-Files-BCS-Strata-Management-17Oct2013.pdf

http://www.nswstratasleuth.id.au/SP52948-Document-Viewing-SSMA-1996-S108-Peter-Bone-refused-access-to-files-for-CTTT-and-general-meeting-8Nov2013.pdf

http://www.nswstratasleuth.id.au/SP52948-SSMA1996-S108-Document-Viewing-Undislosed-Files-17Nov2014.pdf

http://www.nswstratasleuth.id.au/SP52948-SSMA1996-S108-Document-Viewing-Undislosed-Files-BCS-Strata-Management-18Dec2015.pdf


9. Two Court Counsels have provided me with reports that typical audits done for strata plans are very weak and based on sampling. In other words, audited accounts for our strata plan are almost worthless without proper, full review.

According to them, and proven by me through various checks in the past, balance sheets are not worth the paper they are printed on:

http://www.nswstratasleuth.id.au/BCS-Strata-Management-Example-of-Manipulating-Accounting-Figures-and-then-Destroying-Official-Document-2013.pdf

http://www.nswstratasleuth.id.au/BCS-Strata-Management-How-To-Engage-Accounting-Auditors-Bamfield-Hayes-Knight-and-Avoid-Financial-Scrutiny-for-SP52948.pdf


Close to $400,00.00 was spent during FY 2015 without any competitive tenders or quotes.
Contract renewals in 2015/2016 are done without owners' knowledge and without decisions at legally-convened EC meetings. Caretaker's contract is one. Electricity contract is another:

http://www.nswstratasleuth.id.au/SP52948-BCS-Strata-Management-Electricity-Contract-Renewal-without-Proof-of-Tender-and-Hiding-from-Owners-2015.pdf


10. Finally, I request that my vote recorded to be against all current Executive Committee members and those who were members since 2010 due to their lack of duty of care, multiple conflicts of interest, actions against best outcomes for the owners at large, actions promoting inequality and even religious intolerance.

On scale 1 to 10, I give mark "-1" to EC members and BCS Strata Management.

Good night.


On 07/10/16 20:09, SP52948 owner wrote:

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

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

-----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

-----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 fa�ade 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.