Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | strata@bcms.com.au, Russell Young BCS Strata Management |
| CC: | Bruce Copland, Moses Levitt, Maureen McDonald, Stan Pogorelsky, Lorna Zelenzuk, Steve Luxmoore, Rafale Hirchhorn, Jeffery Wang |
| Subject: | OFFICIAL SUBMISSION PER SSMA 1996 Section 108: SP52948 Document Viewing Request on 28Sep2014 |
| Date: | 28/9/14, 8:07 pm |
Hello,
As per Section 108 of the NSW Strata Schemes Management Act 1996 I
am requesting access the following documents IN THE WEEK AFTER THE
NOTICE FOR THE AGM 2014 IS SENT TO ALL OWNERS AND BEFORE THE ACTUAL
MEETING.
As a professional Strata Manager, with additional duty of a
Treasurer and Secretary of the EC since 27 November 2014 your legal
obligation is to:
1. Send me the invoice for the document search which will be paid
before the visit to your office.
2. The date of visit to your office that must fall in period
between the notices being sent for the AGM 2014 and the actual
meeting.
3. Officially respond which of the listed documents Raine & Horne
Strata Sydney and the current EC is not willing or cannot provide,
stating reasons why.
In the correspondence in the past, Raine & Horne Strata Sydney
REFUSED to provide full financial statements to any owner (as it is
common practice in all other complexes). None of these requests
would be needed in other complexes because the Strata Manager and
the EC would provide them automatically on a six-monthly basis and
before the general meetings.
a) Documentary evidence that Raine & Horne Strata Sydney and the EC
investigated allegations about the Universal Strata Services (known
to the EC for a while now) who have been providing caretaking
services since 1999:
* They were issued warning and forced by the Australian Taxation
Office to pay proper amounts in superannuation funds to their
staff.
* In another complex, Universal Strata Services were removed from
office because of overstated expenses and financial claims.
* Overpayments for security guard services in our complex. Back on
1 December 2013 I sent the request to EC members and Raine & Horne
Strata Sydney documenting the fact that for more than a month at
that time the working schedule for security guards was cut by two
hours in our complex (14 hours a week, or around 68 hours a month).
No replies were ever received. For how long did such decrease in
security services last? Provide the proof that the Universal Strata
Services reimbursed owners for services they did not deliver.
* Claims that Universal Strata Services tried to sell their
business several times during 2014 but failed because the asking
price was too high. Confirm for how long will Universal Strata
Services commit to be in the complex if they win the next
contract.
* Email or paper correspondence between EC member and a member of
Universal Strata Services several months ago who gave advance
notice about separate bid for the caretaker's contract. In essence,
single EC member was fully aware of two different quotations
stemming from different staff members of Universal Strata
Services.
b) Full details of audited financial statements for FY 2014, income
and expenditure statements, debtor financial status report, cash
book payments by account code, cash book payments summary,
receipts, and similar).
c) Document listing which members of the EC and the date of when
they approved final version of the accounting (including if they
sighted the receipts) for FY 2014.
d) Proof of any possible payments details when and how much was
credited back from the 18 owners to the Owners Corporation between
now and the day of the notice for the AGM 2014 (that includes water
and gas reimbursements post 1 September 2014). The penalty interest
rate is applied in accordance with the NSW Strata Schemes
Management Act 1996 and the EC has no power to reduce or waive it.
As per spreadsheet I created for water and gas reimbursements to
selective townhouse owners this month, 18 of them are unfinancial
and cannot vote or be counted in quorum at the AGM 2014. To be
financial, in accordance with the NSW Strata Schemes Management Act
1996, Schedule 2, Section 10 (8), vote at a general meeting (other
than a vote on a motion requiring a unanimous resolution) by an
owner of a lot or a person with a priority vote in respect of the
lot does not count unless payment has been made before the meeting
of all contributions levied on the owner, and any other amounts
recoverable from the owner, in relation to the lot that are owing
at the date of the notice for the meeting. Unfinancial is any owner
who is in negative for more than several dollars before, or on, the
date of AGM 2014 notices being sent (as per EC member's own
statement in the past, which I have copy of).
e) Final listing of FINANCIAL owners who have rights to vote or be
counted in quorum for the AGM 2014. This listing is finalised by,
or on, the date of AGM 2014 notices being sent to owners.
f) Evidence who approved and why for some significant invoices to
be paid belated.
Not only it is against the contractual agreement with the vendors,
but as well creates false accounting status whereas the invoices
are artificially moved into different financial year pretending
that the costs are lower than they really are.
Example, ThyssenKrupp sent invoice number 1066146 for lift
maintenance in amount of $6,464.06 (GST inclusive) on 1 July 2014
(payable within 30 days), which Raine & Horne Strata Sydney paid on
4 September 2014 (34 days late!). Then, eight days later on
12 September 2014, another ThyssenKrupp invoice in amount of
$6,464.06 (GST inclusive) was paid.
g) Exact bank status of all strata accounts on the day of my visit
for document viewing.
h) Proof of Special By-Law 4 compliance by owners of Lot 3 during
whole 2014.
They obtained exclusive use rights to common property through
falsified General Meeting in 2003 (at the first meeting, there was
no quorum, whilst the adjourned meeting had astonishing 74 proxy
votes without a single person being present). This was clear
violation of the NSW Strata Schemes Management Act 1996, Schedule
2, Section 11 (3) b.
The proof has to be either photocopy of their public indemnity
insurance in amount of at least 5 million dollars, or Statutory
Declaration stating so (with at least insurance policy number and
insurer details that can be verified independently).
i) Copy of an updated listing of By-Laws which includes Special
By-Law 4. This by-law has been hidden in all official documents
since 2003.
I warned Raine & Horne Strata Sydney about it two times (last on 4
August 2014 and no actions so far).
It can be seen in BCS DocID 2541110, published at
hub.communitye.com.au on 10 October 2011. This document has to be
updated and all owners notified about the updated version, along
with newest By-Laws 10, 11, 12, and 13.
j) Proof of valid contract and earnings credited to owners
corporation by "allowing" BigAir Group to run wireless services in
our complex during 2014.
Reminder: they have been running business without proper
reimbursements and benefits to the owners corporation since
2004.
During FY 2014, Grace Lawyers charged our complex $4,172.30 (GST
inclusive) for attempts to remove this company from the complex to
no avail.
k) Full building inspection report (including OH&S compliance)
with updates about the issues listed by Napier & Blakeley as early
as July 2012.
l) Summary of the physical inspection of additional gas connections
in townhouses who enjoy selective, inequitable, and discriminatory
financial benefits for private water and gas usage.
The same inspection was conducted twice for owners in the four
building in last four years (at the cost of around $4,000) but
never for townhouse owners, of which some received excessive
reimbursements.
m) At least two quotations for all new contracts that have to be
approved at the AGM 2014 (cannot be done by EC alone):
Building Painting
Strata Manager's Contract
Caretaker's Contract
Why two quotes: NSW Strata Schemes Management Act 1996 Section 80B:
at least two quotations required by large strata schemes for
expenditure over $30,000.