| From: |
SP52948 owner |
| To: |
Peter Bone BCS Strata Management |
| CC: |
Paul Banoob Pica Group, Upali Aranwela, Stan Pogorelsky, Genelle Goodbe, Raphael Hirschhorn, John Ward, Moses Levitt, Jeffery Wang, Joanna Hessink, Maureen McDonald, Bruce Copland |
| Subject: |
FOR IMMEDIATE DISTRIBUTION TO OWNERS AND NOTICE BOARDS: SP52948 CTTT 13/50737 Directions Hearing on 6 November 2013 |
| Date: |
16/10/13, 4:32 pm |
Hello,
Issues about misconduct and mismanagement of the Annual General Meeting 2012 held on 17 October 2012 have been reopened after a thorough review by the Director General's office.
CTTT case SCS 13/50737 is scheduled for Directions Hearing on 6 November 2013. The case is solely related to problems, resolutions, and the procedural errors at the AGM 2012.
Next week is the Annual General Meeting and depending on the fairness and outcomes achieved, it will be in my power to cancel the CTTT case, or proceed further. So far, I can firmly state that the balance sheet is full of errors and hidden expenses, there are hidden agendas with some motions provided by the EC, election of the EC is set in-between Motions to disturb their outcome, committee's address notes full of misleading information, agenda did not allow Explanatory Notes, contract renewal for the Strata Manager "approved" without alternative quotes, and so on...
Every single Motion and note in the Minutes of the last AGM will have to be dealt with properly and with full transparency (including the quorum and secret proxy forms). There are lot of misconstrued and false information and this is the final time for the EC and the Strata Manager to come clean and either show evidence to disprove me or leave "office" forever.
The reopened CTTT case is entirely dependent on how open, sincere, and forthcoming the members of the Executive Committee and the Strata Manager are at the AGM on 23 October 2013.
In that regard, last year I even submitted a Motion (Dispute Resolution Process) to ensure that we resolve problems without external parties and avoid unnecessary costs. Committee member removed it from the agenda and directly helped Solicitor Mr. Adrian Mueller to obtain personal benefit in excess of $32,000.00 so far (all that without approval of the owners corporation).
As a reminder, here is what I organized and paid to obtain access to tomorrow (as per Section 108). Tomorrow afternoon I will report if any of the documents I requested are missing.
a) The following financial documents with accompanying notes by
Bamfield and Co. Accountants:
Debtor Financial Status
Cash Book Receipts
Cash Book Payments
Bank Reconciliation
Detailed Expenses (Transaction Records) for Admin and Sinking Funds
Cash Management
Statement of Financial Position
These are PDF files and very easy to provide to every owner.
b) Invoice, payment and insurance claim (if applicable) for
Committee' member's toilet bowl replacement
Refer to details in email sent on 8 October 2013.
c) Copies of last year's tender, quotes from strata agencies, and the
document by the Executive Committee summarizing why was Raine & Horne
Strata Sydney selected for the Strata Manager's contract.
If they are not "available" to the Strata Manager for "commercial reasons"
it must be available to each and every owner through separate
methods and the members of the committee can pass them on. Whether I get
them in letterbox, or via some other method, it does not matter.
The Strata Manager Mr. Peter Bone is an official Treasurer and the Secretary
of the EC since the AGM 2012 and has duty to provide them.
d) Public liability insurance by owner of Lot 3 as per Special By-Law 4
for FY 2014.
Currently, the owner allegedly has two insurances in amount of $20,000.000.00:
The GIO insurance policy issued on 18 October 2012
(one day after the AGM 2012 and the CTTT Hearing) and
backdated to 13 September 2012 (this one would have
expired)
The APIA insurance policy issued for period starting
16 November 2012 (one month after the AGM 2012)
The documents for all years before the AGM 2012 are still missing,
and officially confirmed at the document viewing on 16 September 2013,
which means that the Strata Manager FAILED to uphold the
By-Laws of SP52948 in this regard.
e) All correspondence by ThyssenKrupp in regards to excessive increase
of their yearly maintenance contract (5% in each of last two years) and
the way they will reimburse the owners corporation.
f) The Minutes of the AGM 2001. In current Minutes Book only the Adjourned
AGM 2001 in late October is listed. Note that the adjourned AGM ordered
destruction of the ballot papers straight after the meeting, which was in
dire non-compliance with the SSMA 1996 (ballot papers must be kept for
five years).
g) Copy of Land Titles Office amended ruling that the pergola roofs (and
uprights) are common property in our complex (refer to EC meeting on
24 May 2000 and 14 February 2001).
Note that we had major repainting (three coats) of the pergolas as reported
at the EC meeting on 8 August 2001, and then regularly afterwards:
November 2002
2004
2011
On the other hand, buildings were painted only once in 17 years.
h) Copy of an application from owner of Lot 62 and the approval by the EC
to install double glazing on all windows facing Ryde Road and a by-law
that was supposed to be drawn up and tabled at the general meeting
(minutes of EC meeting held on 17 March 1998).
i) Copy of an application from owner of Lot 213 and the approval by the EC
acknowledging that all costs were to be met by the owner and that all
future gas accounts would not be paid by the owners corporation (minutes of
EC meeting held on 17 March 1998).
j) Full details of the outstanding legal fees and their settlement
by the owners of Lot 103 and 218 (minutes of EC meeting held on 22
March 2000). The EC seemingly waived 50% of their costs without
the approval by the owners corporation.
k) There are some concerns from owners that committee member (Mr. Bruce Copland)
enjoys (or enjoyed?) special privileges by the caretaker's
staff for a long time:
k1. Rubbish bin maintenance that is not done for
other townhouse owners;
k2. Other services within the boundaries of
the townhouse 202 (Mr.Bruce Copland).
Official note to deny or confirm it is required.
