Investigative Journalism and Learning Hub - BCS Strata Management and CTTT ignored submission deliberate removal of valid Motions for SP52948 general meeting on 3 October 2012

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From: SP52948 owner
To: Peter Bone BCS Strata Management
CC: CTTT ctttenquire@cttt.nsw.gov.au
Subject: RE: UPDATED: SP 52948 - Annual General Meeting Motions by Lot 158
Date: 3/10/12, 2:49 pm

IMPORTANT NOTE:

I am CC-ing CTTT as your email is very important to keep on files.

By refusing to add Motions to the AGM 2012 agenda without any valid reason, the Managing Agent is acting against the law and with intention to avoid scrutiny and good governance.

This information is in public interest and should be documented for all to see.

Dear Peter,

I am sorry to differ with your statement and cannot accept your excuse that you did not receive my email messages. Even your message confirms that the second email was delivered to you on 29 of September 2012.

The Motions for AGM 2012 were delivered ON TIME, well in advance, and entered your computer network safely.

As an IT security expert, I have proof that I sent two emails to you (on 28 of September 2012 and your email gateway received it straight away, and on 29 of September 2012, the same outcome). Four days passed since you received the second email from me. You had plenty of time to address it.

I advise you to make sure to include my Motions without any delay.

This correspondence and proofs will be presented at CTTT Hearing on 17 of October 2012. Because of lack of any information about the CTTT case (the EC and the Managing Agent REFUSE to notify owners), I will have to advise owners in the complex who will receive a note from me in next two days.

We cannot play games with the strata complex business. For your sake, also make sure to provide log files from your email gateway for forensic analysis. I have mine and your office will have to provide yours.

Whoever advised you to find this excuse should have thought very carefully about it.

YOUR FIRST EMAIL AND MY REPLY:

Sep 28 09:15:55 myhost sendmail[14534]: q8RNFm1t014534: from=PeterB, size=45700, class=0, nrcpts=1, msgid=E29952353C4E8E4F8FEEA26B452BE6AC3B41446D3B@BCSMAIL01.pica.com.au, proto=ESMTP, daemon=MTA, relay=mail95.messagelabs.com [216.82.242.147]

Sep 28 09:15:58 myhost mimedefang.pl[18409]: q8RNFm1t014534: MDLOG,q8RNFm1t014534,mail_in,,peterb,SP52948 owner, SP52948 - Annual General Meeting

Sep 28 16:13:57 myhost mimedefang.pl[18409]: q8S6Dvav008164: MDLOG,q8S6Dvav008164,mail_in,,SP52948owner,peterb, Re: SP 52948 - Annual General Meeting

Sep 28 16:14:07 myhost sendmail[8168]: q8S6Dvav008164: to=PeterB, ctladdr=SP52948owner(501/501), delay=00:00:10, xdelay=00:00:09, mailer=esmtp, pri=687315, relay=cluster5.us.messagelabs.com. [216.82.253.147], dsn=2.0.0, stat=Sent (ok 1348812847 qp 1883 server-5.tower-165.messagelabs.com! 1348812838!10220482!1)

MY UPDATED EMAIL AND YOUR RESPONSE:

Sep 29 21:22:16 myhost mimedefang.pl[23230]: q8TBMGY3020984: MDLOG,q8TBMGY3020984,mail_in,,SP52948owner,peterb, UPDATED: SP 52948 - Annual General Meeting Motions by Lot 158

Sep 29 21:22:28 myhost sendmail[20988]: q8TBMGY3020984: to=PeterB, ctladdr=SP52948 owner (501/501), delay=00:00:12, xdelay=00:00:11, mailer=esmtp, pri=771001, relay=cluster5.us.messagelabs.com. [216.82.242.147], dsn=2.0.0, stat=Sent (ok 1348917748 qp 32751 server-2.tower-95.messagelabs.com! 1348917737!34941767

Oct 3 08:48:15 myhost sendmail[23628]: q92MmAIR023628: from=PeterB, size=4882, class=0, nrcpts=1, msgid=E29952353C4E8E4F8FEEA26B452BE6AC3B425B3E85@BCSMAIL01.pica.com.au, proto=ESMTP, daemon=MTA, relay=mail166.messagelabs.com [216.82.253.163]

Oct 3 08:48:16 myhost mimedefang.pl[24652]: q92MmAIR023628: MDLOG,q92MmAIR023628,mail_in,,peterb,SP52948owner, RE:UPDATED: SP 52948 - Annual General Meeting Motions by Lot 158

These log entries are originals and very decent proof in any court.

I also acknowledge the receipt of the letter that Solicitor sent (apparently on "owners corporation behalf", which in essence only covers the committee members themselves). Realizing that they had no evidence to offer, in spite of being given an extended time to submit it by 28 of September 2012, the best response the EC could come up is another excuse and threat. His letter came today.

Either at CTTT, or at AGM 2012 (or both), the full financial documents will be given to all owners and the discussion about other terrible activities will happen.

So, my 12 Motions, which are very relevant to the future operation of the complex MUST be included in the agenda for AGM 2012.

Regards,

PS. By the way, your office and the EC still missed to provide the following evidence:

a) Transactions logs and cashbooks for the last 12 years. If somebody claims thet they are "lost", at least last seven years must be available because of tax audits.

b) In addition, I paid for 2009 and 2010 financial logs and never got them.

c) BBQ monies details are still missing for many years too.

d) Insurance details for public liability from Lot 3.

e) Term deposit details for all years (including rates, term deposit periods, and bank details).

On Wed, 2012-10-03 at 08:48 +1000, Peter Bone wrote:

Good morning

Thank you for your further e-mail and amended Motions.

Unfortunately the AGM Agenda went to print early yesterday morning, was enveloped and mailed to owners.

I did not receive this e-mail in time to change the Motions you had provided in your earlier e-mail.

Kind regards.

Peter Bone

Raine & Horne Strata-Sydney

Level 1, Building D, 240 Beecroft Road Epping NSW 2121

-----Original Message-----

From: SP52948 owner [SP52948 owner]

Sent: Saturday, 29 September 2012 9:22 PM

To: Peter Bone

Subject: UPDATED: SP 52948 - Annual General Meeting Motions by Lot 158

Hello Peter,

I apologise for some changes and additions.

a) I changed a few Motions to fit on one page or as few as possible. Most of the Motions are now single-page documents.

b) I added two more Motions, as deemed necessary:

Improved Dispute Resolution Process

Discuss Special By-Law 10

I enclose all 12 of them herewith.

This should be a final version (apart from any suggestions or comments that you might have in regards to By-Law to terminate dubious rebates for townhouse owners (should it be a unanimous or special resolution - I asked previous agent and the EC to review it but never got any reply).

Regards,

On Fri, 2012-09-28 at 16:13 +1000, SP52948 owner wrote:

On Fri, 2012-09-28 at 09:15 +1000, Peter Bone wrote:

Good morning

My name is Peter Bone and I am the new Strata Manager for this scheme.

I am currently preparing the Agenda for the scheme’s AGM.

Could you please advise if you have any Motions for inclusion on this Agenda.

If so, could you please forward these Motions to me by no later than 9.00am Tuesday 2nd October 2012.

Hello Peter,

Welcome to the job. I sincerely wish you well.

It can be made easy when people want to co-operate.

I want stability and proper organization of the business that includes transparency and openness. That is all.

Thank you for the email and introducing yourself to me.

I have several Motions to be included at AGM 2012. Some of them are two years old!

And none of the ones I raised during 2011/2012 were even acknowledged by the Secretary of the EC. Difficult to understand and justify such behavior.

If you need anything else on my side, I am always open to discussion.

I know you must have heard how horrible person I am. Lot of rumors around. I cannot fight them (waste of my time) but I can show the facts and let them speak for themselves.

The proposals that I raise have no personal benefits. They are designed for all owners equally.

I have many more ideas how to make our lives easier and simpler in the future. Let's see what it brings.

Have a nice long weekend,