Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Simon Brikha BCS Strata Management |
| Subject: | Re: LOffice - Removing my name |
| Date: | 29/3/17, 5:45 pm |
Hi Simon,
Your request has been reviewed and request to remove your name rejected on the following grounds:
1. You failed to identify any publishing of mine that you can rely on as per Defamation Act 2005 (NSW).I asked you to document them on 22 December 2016 at 17:57 hours.
You will have to provide full details of which comments about you are offensive. It has to be done for every word and listed as per Defamation Act 2005 (NSW) sections.
If you can prove them, I will remove your name by changing it into initials.
2. Your name is mentioned in the context of managing SP52948 as Secretary and Treasurer (with stringent requirements to act in accordance with the laws) and Strata Managing Agent.
Your name is mentioned without comments, without personal attacks, and only as part of evidence on how BCS Strata Management staff fails to act upon customers' requests and complaints.
3. Google is not controlled by me. You need to speak to them to take your name out of their caching.
4. Having high opinion of oneself is not a valid proof of alleged defamation.
5. To move forward, here is what you must provide, apart from full and detailed listing as per Defamation Act 2005 (NSW), and also:
a) Signed document from your manager Mr. Mike Smythe confirming that you acted in best interest of my owners corporation, in accordance with all strata and other applicable laws whilst employed by BCS Strata Management at Epping office.
b) Signed document from CEO and Managing Director of Pica Group (parent company of BCS Strata Management), who in public forum on 9 December 2015 promised to investigate all claims of mismanagement in SP52948, stating that you acted in best interest of my owners corporation, in accordance with all strata and other applicable laws whilst employed by BCS Strata Management at Epping office.
c) Signed document from Executive Committee in SP52948, stating that your performance in roles of Treasurer, Secretary, and Strata Managing Agent whilst working for my owners corporation was of high standards and in accordance with all strata and other applicable laws whilst employed by
BCS Strata Management at Epping office.
d) Response to how you addressed my emails, with comments of actions you did or did not complete.
If you were ordered to ignore my requests (I only ask for things that are legal and in accordance with laws), you must provide statement with names of person(s) who forced you to act in such way.
To name a few actions where you failed in your duties:
34 Motions prevented from agenda of AGM 2016
6 Motions listed in modified manner and excluded Explanatory Notes of crucial importance
Candidacy for EC membership not included at AGM 2016
Access to financial documents prevented
Charging for three alleged EC meetings that never happened in legally-convened manner
Failure to disclose to owners expenses for Solicitor Mr. Adrian Mueller and reason for his engagement
Not providing factual information about early payment of levies due on 1 February 2017
Not providing response to my request to forward documents to Pica Group Managing Director Mr Greg Nash and process Motions for AGM or EGM 2017 on 21Dec2016
Preventing third strata agency to be listed in the tender process in agenda for AGM 2016
and many others
Refer to:
http://www.nswstratasleuth.info/Pica-Group-and-BCS-Strata-Management-silence-to-respond-to-complaints-and-proven-mismanagement-issues-for-Strata-Plan-52948/
5. Finally, something more damaging for you.
You were personally contacted by Solicitor on behalf of CHU Insurance on the day of AGM on 19 October 2016 and again on 11 January 2017.
In both cases, you were still Strata Managing Agent for SP52948 (until 31 January 2017). You failed to notify owners in the complex.
Minutes of EC meeting, held with new strata agency Waratah Strata (took office from BCS Strata Management on 1 February 2017) for my complex on 16 March 2017, confirmed that BCS Strata Management made insurance claims with CHU Insurance in 2012/2013 and that after four years, CHU Insurance found the claims to be unjustified.
Strata managing agent from BCS Strata Management received the letter of demand on 19 October 2016 at 12:34 PM from lawyers representing CHU Insurance in time for Annual General Meeting the same evening:
QUOTE
As CHU has paid all the legal expenses it would like the OC to refund the $8,800.00 that it recovered from an owner.
I understand the AGM is this evening so I though it best to get the information to you as quickly as possible.
END QUOTE
No information was shared with owners corporation that evening. You, acting as strata managing agent and the Branch Manager, who both attended the AGM the same evening, withheld this crucial information from owners.
Lawyers for CHU Insurance again contacted BCS Strata Management on 11 January 2017 asking for an update.
This information was not disclosed to owners at any time before agenda of the EC meeting was sent at the beginning of March 2017. The Minutes of EC meeting on 16 March 2017 confirmed that owners corporation has to pay back to the insurance company:
QUOTE
CHU Insurance have requested and are entitled to receive these funds. Resolved the strata manager is to pay $8,800.00 to CHU Insurance.
END QUOTE
Please provide details of your actions in this insurance claim.
Do not contact me unless you take constructive steps to resolve the items I listed above.
Regards,
On 25/03/17 08:01, Simon Brikha wrote:
Good morning
I didn't receive a response from you in regards to my email below as yet. You need to ensure you reply on or before the 29th March and confirm you have removed my name and therefore stopped the deformation of my character. I am suffering significant financial loss with my name being linked to your website and I will need to seek those financial losses from you if you don't get rid of my name, as I have outlined in my below email. My character and reputation is also being dragged through the mud because my name is linked to all those detailed complaints that are listed on your website. My name cannot be linked to those complaints because I had nothing to do with any wrong doing toward you. Remove my name immediately.
As long as you do one of the two things I have outlined in my below email, I give you a written guarantee that I will not pursue this matter any further and I will send you a very positive thank you letter and we can go out seperate ways. I am sure you have more complaint letters that you need to type up, so just remove my name so you don't have to waste any more time receiving and reading emails from me. You can then use all your time to write those complaint letters that you love writing. So all I want is my name removed from your website and you won't hear from me again. I am not asking you for much.
I await your reply on or before the 29th of March to confirm you have removed my name. I await your reply.
Kind regards
Simon Brikha
On 22 Mar 2017, at 12:11 spm, Simon Brikha wrote:
Good afternoon
I hope things are going well with your new Strata Manager.
Now that my agency is no longer managing your Strata Scheme, it is not right for my name to show up on your web site when you type my name into a Google search. I am also suffering from my name being linked to your website, so my name needs to be removed from your website.
Please either remove my name from your website immediately or set up your website so that my name does not show up on your website when you type my name into a Google search. If my name remains on your website but you are able to set up your website so that my name is hidden from any Google searches, I will accept this outcome. I just cannot have my name show up on a Google search because I am suffering from my name being linked to such negative comments. I cannot apply for another job because any potential employer will run a Google search and then see my name show up on all your complaints from your website. This means that I am suffering a very significant financial disadvantage by my name showing up on your website on a Google search. Plus my character is being destroyed by having it linked to such negative complaints.
In summary, please remove or black out my name from your website so that it does not show up when you type in my name in a Google search. Or please hide my name in your website so that my name is not linked to your website when you type my name into Google. I don’t care how it is done, but I need my name to not show up when typed into Google. I am wanting to find a new higher paying job but I cannot do that now because of your website. So please fix this issue for me because I only managed your building for a short period of time and I do not deserve my name to be destroyed like this and I do not deserve to miss out on earning up to an additional $30,000.00 a year because of your website.
Please reply within 7 days to advise if you will be removing my name from your website, or setting up your website so that my name is hidden from any Google searches.
Many thanks and I await your reply. Have a good weekend.
Kind Regards
Simon Brikha
Strata Manager
