| From: |
SP52948 owner |
| To: |
John Ward |
| Subject: |
Letter of Demand on 6Oct2020 |
| Date: |
6/10/2020, 15:48 |
Dear Sir,
The undersigned, without prejudice, hereby demands that you confirm or refute Lot 158 statements that:
a) AGM 2012 was conducted in non-compliance with SSMA 1996 and SSMR 2010, which, among the other actions, allowed unfinancial owners Mr. Stan Pogorelsky and Mr. Moses Levitt to vote and be elected on the executive committee.
b) You acted as Treasurer in 2012 and 2013.
c) You had full knowledge of unfinancial owners for gas heating and presented nine nominees for the committee on 16th of October 2012, including Mr. Moses Levitt and Mr. Stan Pogorelsky, preventing Lot 158 from acting as committee member with duty of care.
d) You had full knowledge that BCS Strata Management and Solicitor Adrian Mueller were deliberately involved in the following actions and refused to disclose it to CTTT, hindering their investigations:
- Illegal representation by Solicitor Adrian Mueller for strata plan SP52948 in Fair Trading case SM12/1537JR, CTTT case SCS 12/32675, and CTTT case SCS 12/50640 which by November 2014 alone caused losses to owners corporation in amount of $62,218.77,
- Four fraudulent insurance claims for Solicitor Adrian Mueller’s legal costs in non-existent “CTTT defense of Lot 3”, amounting to $28,511.24 (GST incl) paid to strata plan SP52948 in 2012 and 2013, where CHU Insurance forced the owners corporation to repay $8,800.00 in 2017,
- Creation of false statements in BCS Strata Management strata manager’s Statutory Declaration to CTTT on 19th of April 2013,
- Creation of false statements in BCS Strata Management strata manager’s Affidavit to District Court on 31st of January 2014,
- Strata plan SP52948 paying more than 70% increase in insurance premiums in 2012 due to high risks with legal claims for Solicitor Adrian Mueller, disregarding warnings by AJG Insurance Broker and CHU Insurance on 1st of August 2012,
- Secret change of insurance policy to allow Solicitor’s legal expense claims on 1st of August 2012,
- You were aware of Solicitor Adrian Mueller’s suggestion ot use insurance claims for his legal costs on 2nd July 2012,
- You were aware of SP52948 not having funds to pay $14,056.90 for creditor code 69633 and Mr. Paul Banoob authorising urgent injection of funds from MBL account in the sum of $50,000.00 on the same date,
- You were participant of illegal committee meeting on 9th of July 2012 as confirmed in CTTT case 12/32675 one year later,
- Solicitor Adrian Mueller’s Standard Costs Agreement provided to CHU Insurance on 28th of August 2012 which did not have signature of behalf of owners corporation,
- Solicitor Adrian Mueller’s Standard Costs Agreement provided to CTTT on 29th of January 2013 which did not have signature on behalf of owners corporation,
- You were recipient of email dated 18th of February 2012, which stated that Lot 158 must not get copies of strata files,
- You were recipient of email dated 15th of April 2013, when Solicitor Adrian Mueller asked BCS Strata Management to produce signed copy of his Standard Costs Agreement and run paper meeting to approve decisions of alleged meeting held on 9th of July 2012,
- Failed to act upon Lot 158 complaints and evidence since 2012, including multiple offers for free mediation at Fair Trading NSW, and provided misleading statements to CTTT, knowing they were untrue,
- Allowed unfinancial owner to vote and be elected as members of the committee,
- Risks for well-being and safety of Lot 158 and his family due to continuous efforts to pervert the course of justice.
e) At AGM 2014, you voted against Motion 38 to authorise Office of Legal Service Commissioner to conduct their investigation in regards to professional misconduct of Solicitor Adrian Mueller.
f) You failed to respond to issue of summonses in CTTT case 12/32675 on 27th of February 2013.
g) You were given enough information by Lot 158 through BCS Strata Management to raise your awareness of risks by engaging Solicitor Adrian Mueller and related legal parties since 2012.
(“the Action”)
Please note that if representatives of Lot 158 commence legal proceedings in order to require your performance of the Action (items listed above), this letter will be tendered in court as evidence of your failure to attempt to resolve this matter.
Further, you may be liable for any court costs, lawyer fees and damages, including punitive damages.
You might want to contact a lawyer to discuss your legal right and responsibilities.
Your sincerely,