Investigative Journalism and Learning Hub - BCS Strata Management failed to provide promised SP52948 files for CTTT cases SCS 12/50450 and 12/50460 on 12 December 2012

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From: SP52948 owner
To: Paul Banoob Pica Group
CC: Peter Bone BCS Strata Management
Subject: RE: SUMMARY OF INCOMPLETE DOCUMENTATION: RE: REQUEST FOR ACCESS: SP52948 document viewing on 12 Dec 2012
Date: 13/11/12, 9:11 am

You have my word that all records will be looked at and any information we have will be sent to you.

Regards

Paul Banoob

Raine & Horne Strata-Sydney

Level 2, 51 Rawson Street, Epping NSW

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

From: SP52948 owner

Sent: Monday, 12 November 2012 3:54 PM

To: Paul Banoob Pica Group

Cc: Peter Bone BCS Strata Management

Subject: SUMMARY OF INCOMPLETE DOCUMENTATION: RE: REQUEST FOR ACCESS: SP52948 document viewing on 12 Dec 2012

Hello,

As per our short meeting at around 13:35 hours EST today, here is the summary of my visit and the outstanding tasks:

1. The following document were missing from the online records when I visited your office today:

I requested:

a) Invoices issued by the townhouse owners (copies of their water and gas bills) in regards to payments of water and gas rebates for the last 13 years (since it was introduced in 1999). If such invoices exist, then they apply in period January 2000 to October 2012. The townhouse owners live in Lots 193 to 219.

I found: The earliest records were found in the legacy database Epping BCMS, ItemID 898 (Account 105) and ItemID 010 (Account 27), dated in last quarter of 2008.

It means all older records (prior to September 2008) are still outstanding!

b) Extracts from expenditure transaction records in regards to water and gas payments (cheques) issued to townhouse owners for the last 13 years (since it was introduced in 1999). If such records exist, then they apply to period January 2000 to October 2012.

They were also not available for the period before 2008.

It means all older records (prior to September 2008) are still outstanding!

2. On behalf of the strata agency, Paul expressed personal regrets that such documents were not available to me at the scheduled time today.

3. It was agreed (and word of honor given by Paul) that within next several weeks, the outstanding documents in item a) and b) above will be provided to me by extracting them from the archives.

4. It was also, without any doubts, confirmed by me and stated to Paul that the water and gas rebates for some townhouse owners were never approved through special resolution, and, therefore, deemed invalid for the last around 13 years.

Paul, please acknowledge your commitment to provide the missing documents as per my viewing request scheduled for today and state the date of their delivery to me (seems like second week of December would be a generous timeframe).

Thank you,

On Thu, 2012-11-08 at 11:52 +1100, Peter Bone wrote:

Thank you for confirmation of this payment.

Regards Peter Bone Raine & Horne Strata-Sydney Level 2, 51 Rawson Street Epping NSW 2121

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

From: SP52948 owner

Sent: Thursday, 8 November 2012 8:46 AM

To: Peter Bone BCS Strata Management

Cc: Paul Banoob Pica Group

Subject: PAYMENT CONFIRMATION: SP 52948 - RE: REQUEST FOR ACCESS: SP52948 document viewing

Hello,

The payment for the document viewing next Monday has been completed.

The scan of the receipt is enclosed herewith.

I will be at your office at 09:30 hours EST.

To avoid wasting time (my hour is $250.00 so I would not like to charge you for my lost income), I expect the folders to be in proper order.

Last year, they were far from being in exemplary condition.

Regards,

On Wed, 2012-11-07 at 21:36 +0000, SP52948 owner wrote:

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

From: Peter Bone BCS Strata Management

Sent: Tuesday, 6 November 2012 8:47 AM

To: SP52948 owner

Cc: Paul Banoob Pica Group

Subject: RE: SP 52948 - RE: REQUEST FOR ACCESS: SP52948 document viewing

Please find attached a DEFT Payment Slip for the inspection fee, based on four hours for the search.

Could you please pay this account and forward a copy of the payment receipt to our office prior to 12 November.

Should the search take only two or three hours, we will arrange the appropriate refund.

Thank you.

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

From: SP52948 owner

Sent: Monday, 5 November 2012 6:21 PM

To: Peter Bone BCS Strata Management

Cc: Paul Banoob Pica Group

Subject: RE: SP 52948 - RE: REQUEST FOR ACCESS: SP52948 document viewing

Hello,

Sorry I missed to respond to the second question.

I landed in Australia on late Saturday evening and came to Adelaide on Sunday, so my schedule has been very hectic and I am very tired.

I can only guess how many hours will be needed because it depends on how well the folders are organized.

Last year, it was difficult to find information because the folders were not in perfect order. I am used to better organization of documents, especially if they are important.

I normally pay in cash but since you do not accept it, if you send me the invoice on, say 3-4 hours, I will pay in advance. I never run away from my duties, so if I exceed the time, I will certainly pay for it too.

My word means something to me and I am not known for breaking promises.

I think 3-4 hours would be enough.

Please ensure that the folders I require are readily available so that there is no wastage of time.

I do not use cheques and I do not use credit cards in my life. There are many reasons for it.

Regards and thank you.

I will be back in Sydney on Thursday, so to pay the invoice will be done straight away upon my return.

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

From: Peter Bone BCS Strata Management

Sent: Monday, 5 November 2012 2:44 PM

To: SP52948 owner

Cc: Paul Banoob Pica Group

Subject: FW: SP 52948 - RE: REQUEST FOR ACCESS: SP52948 document viewing

Further to my last e-mail.

As an alternative, you can pay for the search by cheque, if this is more convenient.

Regards

Peter Bone

Raine & Horne Strata-Sydney

Level 2, 51 Rawson Street Epping NSW 2121

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

From: Peter Bone BCS Strata Management

Sent: Monday, 5 November 2012 2:40 PM

To: SP52948 owner

Cc: Paul Banoob Pica Group

Subject: RE: SP 52948 - RE: REQUEST FOR ACCESS: SP52948 document viewing

I have confirmed the booking for 12 November 2012 at 9.30am with our Admin team.

The inspection will be charged at the rate of $33.00 per hour.

Could you please advise how many hours you believe you will take to complete your inspection.

We will issue you with a DEFT Payment Notice for this amount (based on the number of hours you advise), which will need to be paid prior to you undertaking the inspection.

Thank you.

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

From: SP52948 owner

Sent: Monday, 5 November 2012 1:39 PM

To: Peter Bone BCS Strata Management

Subject: RE: SP 52948 - RE: REQUEST FOR ACCESS: SP52948 document viewing

Thank you. I will attend.

Best wishes,

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

From: Peter Bone BCS Strata Managament

Sent: Monday, 5 November 2012 10:21 AM

To: SP52948 owner

Cc: Paul Banoob Pica Group

Subject: SP 52948 - RE: REQUEST FOR ACCESS: SP52948 document viewing

I have made a temporary booking for Monday 12th November 2012 at 9.30am

Please confirm that this date and time is acceptable.

Thank you.

Peter Bone

Raine & Horne Strata-Sydney

Level 2, 51 Rawson Street Epping NSW 2121

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

From: SP52948 owner

Sent: Thursday, 1 November 2012 10:41 PM

To: strataepping

Cc: Peter Bone BCS Strata Management

Subject: REQUEST FOR ACCESS: SP52948 document viewing

Hello,

As per Peter's suggestion, I am emailing this request in order to obtain access to the following documents for Strata Plan 52948.

I cannot call by phone as I am in Kuala Lumpur (Malaysia) on business at the present time.

In the meantime, please address this request as per SSMA:

a) Invoices issued by the townhouse owners (copies of their water and gas bills) in regards to payments of water and gas rebates for the last 13 years (since it was introduced in 1999). If such invoices exist, then they apply to period January 2000 to October 2012.

In the worst case, if such old documents are not kept anymore, these invoices for the last five years must be available as per SSMA legal requirements: January 2007 - October 2012.

I am specifically interested in finding exact figures how many townhouse owners were paid the service fees (connection fees for water and gas), in addition to the actual usage.

The townhouse owners live in Lots 193 to 219.

b) Extracts from expenditure transaction records in regards to water and gas payments (cheques) issued to townhouse owners for the last 13 years (since it was introduced in 1999). If such records exist, then they apply to period January 2000 to October 2012.

c) Documents with the resolution for water and gas rebates that were apparently made at AGM 1999. That is: minutes and the notice for AGM 1999 are required.

d) Minutes of all EC and AGM meetings held in 1998.

Week of 12th to 16th of November is the only one suitable for me so please organize the document viewing then. Or, send the electronic scans via email and charge me the appropriate fee.

Possibly the best date for viewing would be Monday, 12th of November, at 09:30 hours EST.

There will be no need for photocopies as your office allowed me to use my own PC scanner in the past, so I will use the same method again.

For other fees, you can charge whatever law prescribes. If you need advance payment, please send me the invoice now and I will settle it in advance.

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

From: Peter Bone BCS Strata Management

Sent: Thursday, 1 November 2012 5:52 PM

To: SP52948 owner

Subject: RE: SP 52948 - RE: REQUEST FOR INFORMATION: SCS File 12/50540 and 12/50460

You can e-mail through an inspection request to strata@bcms.com.au

Thank you

Peter Bone

Raine & Horne Strata-Sydney

Level 2, 51 Rawson Street Epping NSW 2121

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

From: SP52948 owner

Sent: Wednesday, 31 October 2012 8:38 PM

To: Peter Bone BCS Strata Management

Subject: Re: SP 52948 - RE: REQUEST FOR INFORMATION: SCS File 12/50450 and 12/50460

Hello Peter,

I may not have a chance to call the receptionist during business hours - is there an email address I can use to make an appointment?

Regards,

On Mon, 2012-10-29 at 08:02 +1100, Peter Bone wrote:

If you wish to undertake an inspection of the books and records for Strata Plan 52948, you need to phone our office on 9868 2999 and book a date / time with our receptionist.

Regards

Peter Bone

Raine & Horne Strata-Sydney

Level 2, 51 Rawson Street Epping NSW 2121

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

From: SP52948 owner

Sent: Friday, 26 October 2012 5:52 PM

To: Peter Bone BCS Strata Management

Subject: REQUEST FOR INFORMATION: SCS File 12/50450 and 12/50460

Hello,

As per:

QUOTE

Division 4 - Inspection of records and issue of certificates

108 Inspection of records of owners corporation

(1) Who may inspect records? An owner, mortgagee or covenant chargee of a lot, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.

...

END QUOTE

I want to audit and review all invoices in regards to payments of water and gas rebates for the last 13 years (if they still exist), or the last five years if the others were "destroyed". The financial documents for the last five years must be kept as per SSMA legal requirements.

I am specifically interested to find exact figures how many townhouse owners were paid the service fees, in addition to the actual usage.

At this stage, YOUR OFFICE refuses to provide a copy of the resolution for such rebates made in 1999.

Week of 12th to 16th of November is the only one suitable for me so please organize the document viewing then. Or, send the electronic scans via email and charge me the appropriate fee.

These documents are required for SCS 12/50450 and SCS 12/50460 cases.

Thanks,