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| From: | SP52948 owner |
|---|---|
| To: | Peter Bone BCS Strata Management |
| Subject: | RE: SP 52948 - Annual General Meeting 2012 Comments on 5 Oct 2012 |
| Date: | 5/10/12, 1:21 am |
Hello,
Some issues that stand out at the moment:
a) The committee must provide written evidence to me about insurance costs raising directly due to CTTT cases.
Committee members forgot last year they complained that some insurers already refused to deal with us... They should check his AGM 2011 note. I did it and they are part of the fax to CTTT tomorrow.
Then, we will have to discuss why EC avoided dealing with problems internally and pushed for CTTT case.
b) There is no figure about legal costs for Solicitor in 2012. Please provide immediately.
c) My Motions were not presented with explanations. Looks like a deliberate attempt, and not for the first time.
d) Two Motions are missing completely.
e) You did not evaluate if Motion 20 should be UNANYMOUS or SPECIAL RESOLUTION. I asked in my document:
This Motion possibly requires a unanimous resolution and even a Special By-Law registration.
If this Motion has to be UNANYMOUS, then Motion 12 should be the same.
So, which one is LEGALLY CORRECT?
They must have the same type because they affect privileges for SELECTED OWNERS, not everyone (as per when the Strata Plan was established).
Subsequently, the updated Motions must be sent to all owners.
f) Motion 12 about rebates is very ambiguous. I actually tired to think about way to help townhouse owners get some rebates but no calculation could be found.
I will argue that "fair and equitable method of sharing water and gas charges" has to be found BEFORE this Motion can be implemented or voted. The actual decision about rebates cannot be made by the EC alone. It has to be agreed by owners corporation.
g) The water and gas rebates for the previous 13 years or so have not been summarized. How much and who received them. I showed fraud by the Managing Agent and the EC that gave those rebates to limited group of townhouse owners in 2006, 2007 and 2011. They were given without any calculation, not to all owners, and HIDDEN for all these 12-13 years.
So, where is the documentation for AGM 2012 to discuss this?
h) In relation to these undocumented rebates, because they were given as cheques (more or less cash), they in essence might be viewed as "income" from the common funds given to some owners. Such income might be taxable:
The Australian Taxation Ruling No. IT 2505
Please prepare the statement about it for AGM 2012 and notify me in writing.
i) By the way, the same ruling - The Australian Taxation Ruling No. IT 2505 states very clearly:
the body corporate is obliged to make available for inspection to an applicant, whether a proprietor, a mortgagee or their authorised representative, all records held by it, including the books of account, all insurance policies, the strata roll, the strata plan and the minutes of meetings…
We will deal with it at various levels.
j) Because my Motion to discuss By-Law 10 is missing, it DIRECTLY affects voting to approve poorly-executed EGM 2012 (see details). In other words, the EC has a deliberate plan to get owners to approve Motion 1. So, Motion 1 at AGM 2012 is rigged.
k) Where are the public liability insurance details for Lot 3 (Special By-Law 4)?
l) Tomorrow, a fax will be sent to CTTT.
There will be some good references and further proofs how committee runs the business in the complex. It includes supposed "lower management fees" that a single committee member negotiated with Raine & Horne personally last year (figures clearly show it is not true), and "special electricity discounts" he introduced for three years that were supposed to save us good money. Instead, our costs grew up by more than 18% in spite of some light replacements that were saving us energy. And so on.
The enclosed letterbox note was delivered to all owners in the complex this evening.