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| From: | SP52948 owner |
|---|---|
| To: | Simon Brikha BCS Strata Management, Greg Freeman Pica Group, Mike Smythe BCS Strata Management |
| CC: | EC members |
| Subject: | DECLINED Early payment of levies due on 1 February 2017 |
| Date: | 22/12/16 17:01 |
This afternoon letter arrived from BCS Strata Management asking, allegedly on behalf of the Executive Committee, to pay levies due by or on 1 February 2017 at least two days earlier!
Lot 158 will not pay earlier because there is no legal ground and justification for it.
1. It is up to BCS Strata Management, EC members, and incumbent Strata Managing Agent (Waratah Strata) to ensure smooth transition of management of SP52948.
Since your account will be closed on 31 January 2017, either your office or Waratah Strata must provide details of levy payments AFTER 30 January 2017.
Once that is done, Lot 158 will pay levies on time, as we have done promptly for the last 19 years.
2. Your letter fails to disclose factual information to owners:
An unpaid levy attracts interest at the rate of 10% simple interest a year if not paid within one month after it is due. SO, there is absolutely no legal obligation for owners to pay earlier.
3. EC and BCS Strata Management are requested to update the letter, with apology for withholding legal information on owners' rights, and notify owners about Strata Schemes Management Act 2015 Section 85, enclosed herewith.
On a separate note, a few items:
a) As part of my Motions for AGM or EGM 2017, I requested approval for hardwood flooring in Lot 158. New strata law SSMA 2015 Section 110 requires that "Minor Renovations" are approved at general meeting. I am not prepared to wait one year for it so, either the current By-Law is applied and formal approval given to me promptly, or Extraordinary General Meeting organised (in that case, all my Motions would have to be included as well).
This is what we seek approval for:
Hardwood flooring in bedrooms,
Acoustic floor underlays (soundproofing) shall be installed as per standards devised by the Australian Association of Acoustic Consultants.
As long as we guarantee the noise levels, owners corporation cannot decline the request.
b) I note that $935.00 (GST inclusive) was paid to BCS Strata Management for meetings that did not comply with proper organization of EC meetings in accordance with SSMA 1996 (agenda not sent to owners prior to meetings, and minutes of EC meetings not sent to owners) in September/October 2016.
EC meeting straight after AGM 2016 on 19 October 2016 confirmed that EC meetings in September/October 2016 did not exist.
There is a Motion for AGM or EGM 2017 that BCS Strata Management pays back that money.
Private gatherings with a few EC members are not officially sanctioned meetings that owners corporation should pay for.
c) I also note that $1,078.55 (GST inclusive) was paid to BCS Strata Management for attendance at AGM on 19 October 2016.
d) Finally, one of my first actions after Waratah Strata takes office will be to request document search as per SSMA 2015 and look for files that are of special interest to me and owners who support me. If they do not show up at Waratah Strata, it would mean that somebody destroyed or eliminated them from strata files.
