Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Peter Bone BCS Strata Management |
| Subject: | OFFICIAL REQUEST AND NOTIFICATION: Adjourned Hearing in CTTT case SCS 12/32675 and crucial evidence to be provided |
| Date: | 16/4/13, 06:39 |
Hello,
Based on your phone approval (apparently, you spoke to the Solicitor three times on the phone during the proceedings), the CTTT Hearing proceeded yesterday, although it should have been dismissed on the spot. Your specific action caused more delays and expenses to all parties.
At the same time, the Solicitor claimed that he had a copy of the Cost Agreement that somebody at Raine & Horne Epping signed last year. That will be of grave consequences because your office will be challenged for illegal authorization to engage the legal services. The copy of the Cost Agreement that the Solicitor provided to the CTTT and myself in February 2013 did not have any signature so I am very interested who signed it on behalf of the owners corporation.
Since you gave assurance to the Solicitor, CTTT and myself yesterday, the following evidence and copies are required by next Monday (I know that they do not exist, but I will eagerly wait for anyone to be brave to forge them now):
* Agenda for the alleged EC meeting held on 9 July 2012 and the proof that it was sent to all owners in the complex at least 72 hours before the meeting;
* Minutes of this EC meeting held on 9 July 2012 and the proof that they were distributed to all owners in the complex within 7 days after the meeting;
* Proof that owners were asked to vote for Solicitor's engagement at a general meeting (both the agenda and the minutes) once the costs or estimates went above $12,500.00 (pretty much it had to happen in July 2012 because apart from the Cost Agreement on 16 July there was also expense of around $2,500.00 beforehand);
* Agenda for the EC meeting at which it was approved to extend engagement of the Solicitor (that was actually done by private actions of Bruce Copland and the Strata Manager on 7 December 2012) and the proof that it was distributed to all owners in the complex at least 72 hours before the meeting;
* Minutes of the EC meeting at which it was approved the extended engagement of the Solicitor on 7 December 2012 and the proof that they were distributed to all owners in the complex within 7 days after the meeting;
* Evidence that owners received Tribunal orders on 17 December 2012 about the reopened case SCS 12/32675 and this Hearing at any time before the vague, ill-conceived paper EC meeting held on 28 March 2012;
* Proof that the owners received information about the names of the EC office bearers (Secretary, Treasurer, Chairperson) since the AGM 2012 (17 October 2012). No minutes of any meeting since then provided such information. That was requested from the Strata Manager FIVE TIMES and not responded so far. Not having the office bearers means we have a dysfunctional EC too and I can certainly prove it.
* Proof that the owners know about the size of the Solicitor's expenses so far (not via the new web access that is still unknown to most owners, but via any minutes of the EC meetings). In fact, last week I issued the request to the Strata Manager and the Secretary (unknown person so far!) to explain where are the legal costs hiding in the balance sheet for period 1 September 2012 and 28 February 2013.
Since the CTTT denied me the procedural fairness and natural justice to issue summons last month, I will ask you to communicate the following to the members of the EC. The below-listed people can either attend the CTTT Hearing in May on their own will, or I will re-issue the request for summons for the following people to attend in person and provide some statements and answers affirmed in the presence of the Tribunal member:
Mr Bruce Copland
Mr John Ward
Mr Moses Levitt
Mrs Maureen McDonald
Mr Peter Bone
I hope you are aware of the graveness of the situation.