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| From: | SP52948 owner |
|---|---|
| To: | Russell Young BCS Strata Management, Greg Freeman Pica Group |
| Subject: | IMPORTANT CORRECTION Validity of Proxy Papers at AGM 2014 |
| Date: | 20/11/14, 7:06 pm |
Hello,
I do not need to reply to Bruce Copland's message (he did not provide any evidence to counter the claims that have full backing by copies from accounting books, invoices, email correspondence, and payment slips). In addition, he, and others on the committee will be questioned about non-compliance with Section 108 (failed to provide access to financial statements and other strata documents). It is impossible for any Strata Manager and the EC not to provide access to full financial statements if requested through Section 108.
One of the documents I required was for Strata Manager and the EC to provide roll-call of financial owners as of 11 November 2014 (those that are valid for AGM 2014). I also requested proofs (payslips) for all outstanding overpaid water and gas reimbursements. They failed to do so and EC members show complete ignorance of the law when they tell owners today that they can send proxy votes now.
Not to waste owners' efforts, if they intended to send proxy papers, it is crucial to advise them that any owner who had any outstanding levies, or any amount recoverable from them, at the date of the AGM notice (11 November 2014) MAY not vote at the meeting.
For example, there is a member of the Executive Committee from townhouse who received warning before threat of legal proceedings followed to fulfil late outstanding contributions in amount of $1,450.40 on 20 October 2014.
Same owner, without any legal grounds, received 50% write-off from legal debt to owners corporation, as "decided" by the Executive Committee on 24 May 200. Only seven owners attended the meeting, of which three are the current Executive Committee members who made such discriminatory decision.
More will be said at the beginning of the AGM 2014, including EC member's own conflicts of interest and gains in the past without declaring them.
The EC's decision who will run the meeting is to be decided after I speak up. There are other hidden legal issues in favour of law but they will not be disclosed before the meeting.
This is the extract from NSW Strata Schemes Management Act 1996, Schedule 2, Part 2, Section 8, 11, and 16.
Any person with at least primary school education can figure them out:
8 Notices of general meeting (1) Notice of a general meeting must state that a vote at a meeting by the owner of a lot does not count if a priority vote in respect of the lot is cast in relation to the same matter. (2) The notice must state that an owner of a lot or a person with a priority vote in respect of a lot may not vote at the meeting on a motion (other than a motion requiring a unanimous resolution) unless payment has been made before the meeting of all contributions levied on the owner, and any other amounts recoverable from the owner, in relation to the lot that are owing at the date of the notice.
11 Proxies
(7A) Other limits on exercise of proxy A vote by a proxy who is a caretaker, an on-site residential property manager or a strata managing agent is invalid if it would obtain or assist in obtaining a pecuniary interest for, or confer or assist in conferring any other material benefit on, the proxy.
16 Chairperson to announce names of persons entitled to vote If requested to do so by a person present and entitled to vote at a general meeting of the owners corporation, the chairperson must, before submitting a motion to the meeting or the holding of the election of members of the executive committee, announce the names of the persons who are entitled to vote on that motion or at that election.
To make things clearer: here is ProductReview site that verified BCS independently and released the following notes. ProductReview does not publish anything without proofs and documentary evidence...
http://www.productreview.com.au/p/bcs-strata-management.html
BCS managers (including Mr. Greg Freeman) claim to read notes at ProductReview. None of the complaints from different angry owners were replied to.
I personally reported various issues to Mr. Greg Freeman seven times. Proper manager would jump to check what was wrong, but not this gentleman.
Also, this note:
http://forums.whirlpool.net.au/archive/2325338
In short, BCS is one of the worst Strata Agencies in 54 independent reviews (mark of 1.9 out of 5.0).