Investigative Journalism and Learning Hub - Waratah Strata Management Ignored Evidence of Failed Quorums for General Meetings in 2012 and 2013

From:	SP52948 owner
To:	Sp52948 committee members
Subject:	SUMMARY: AGMs and EGMs in 2012 and 2013 have problems with quorums
Date:	25/8/17, 10:00 am

Hi,

In case you want to know the affairs in the complex.

This week, I asked maintenance staff what he thought about painting louvres without treatment from the inside of the complex and if he would pay for such service if it were done in his home. He did not comment. See attachments. The photos were taken straight next to garage of EC member Mr. Moses Leviitt.

Details of the forged Statutory Declaration to CTTT in 2013 by BCS Strata Management (fully approved by EC members), will be disclosed at the right time.

Heavy evidence has been obtained that Special By-Laws granting inequitable water and gas reimbursements to selective townhouse owners has problem not only because it was run without approval for 13 years but also because the general meetings deciding them in 2012 and 2013 had problems with quorum and and conduct in accordance with the strata laws. Other meetings have problems for a long time and conduct of AGM 2016 will be addressed separately, including missing motions that were excluded from the agenda without reason or proper process, in spite of advance notice:

http://www.nswstratasleuth.info/SP52948-AGM-or-EGM-2016-Motions-by-Lot-158-v11-with-proof-of-what-BCS-deliberately-excluded-on-4Oct2016.pdf

In regards to second gas connections and levies for owners who had them: I now have accounting data for all but eight financial years and EC will have to provide comprehensive details who paid FULL levies and for how long the owner had the connection.

Final note: Contracts for strata agency and maintenance in 2014 (which were conducted without evidence of proper tenders) were signed by EC member Mr. Moses Levitt who was unfinancial due to unpaid levies for second gas connection.

I will review who signed contract for elevator maintenance in 2017 shortly.

1. AGM 2012. These are townhouse owners who received benefits for private water and gas usage (17 owners out of 26 townhouses in total):

Sun Min Hwang           $1,800.61

M Xia                   $1,673.16

R Brown                   $977.28

P Li & Q Zhang            $747.66

Ziba Zohrehvandi          $644.52

A Lee                     $552.30

A Leung                   $522.72

WE & JF Young             $517.69

A Chow                    $472.50

K Ha & H Jin              $460.40

EC Member                 $448.01

A Ng                      $445.99

DH Kim                    $378.96

A Perrera                 $330.43

H Rong & J Lee            $391.98

Seung Hee Woo             $127.77

H H Yun                    $71.20

Full details of the meeting:

http://www.nswstratasleuth.info/SP52948-AGM2012-quorum-calculation-created-on-25Nov2012-updated-1Jul2017.pdf

2. AGM 2013. These are townhouse owners who received benefits for private water and gas usage (19 owners out of 26 townhouses in total):

MINYI XIA                  $2,104.45

A LEE                      $1,267.85

Y CHEN                     $1,066.85

FRANCOIS DEGROS & R PAN      $910.13

SUN MIN HWANG                $820.66

PING JI & QING ZHANG         $759.52

HUIMIN RONG & JOHN LEE       $752.74

K HA & H JIN                 $734.21

ROBERT BROWN                 $658.18

ANDREW CHOW                  $609.10

ANNA NG                      $602.88

ZIBA ZOHREHVANDI             $466.37

HAN HONG YUN                 $427.18

ANNE PERERA                  $413.19

J YOUNG                      $344.43

ANGELINA LEUNG               $611.79

EC MEMBER                    $242.91

Y GEE & S WOO                $234.57

SEUNG HEE WOO                $142.55

http://www.nswstratasleuth.info/SP52948-AGM-23Oct2013-quorum-calculation.pdf

3. EGM 2013, which allegedly "forgave" all actions by BCS Strata Management for all previous years, at a huge loss to owners corporation in common funds:

http://www.nswstratasleuth.info/SP52948-EGM-4Dec2013-quorum-calculation.pdf

4. AGM 2014. These are townhouse owners who received benefits for private water and gas usage (18 owners out of 26 townhouses in total):

PING JI & QING ZHANG        $1,415.26

SUN WOO & YU GEE            $1,262.45

ANDREW CHOW                 $1,114.97

A LEE                       $1,021.84

KISUNG HA & HYE OK JIN        $957.02

SUN MIN HWANG                 $895.28

XIAOJUAN LI                   $839.67

ANGELINA LEUNG                $784.70

EC MEMBER                     $736.30

J LEE & H RONG                $733.42

ROBERT BROWN                  $588.61

Y CHEN                        $490.23

ZIBA ZOHREHVANDI              $466.32

J & E GORE                    $327.88

MINYI XIA                     $196.69

H H YUN                       $109.00

ANNE C PERERA                  $82.38

J YOUNG                        $77.03

http://www.nswstratasleuth.info/SP52948-AGM-26Nov2014-quorum-calculation.pdf

Stan Pogorelsky in email to Strata Manager Russell Young on 16 April 2015, when he was still unfinancial due to unpaid levies for second gas connection:

BEGIN QUOTE
RE: SP 52948 - 217/1-15 Fontenoy Road Macquarie Park - Seek for reject reason
...
We went through the 8 claims for unit 197 which you rejected.
... and I have signed them off for payment.

From the xl it is clear who has been refunded.
I will prepare a schedule for 2015 in a similar fashion.

Regards,
Stan.
END QUOTE

5. AGM 2016. These are townhouse owners who received benefits for private water and gas usage (15 owners out of 26 townhouses in total):

HAN HONG YUN                  $1,401.99

XIAOJUAN LI                   $1,119.39

KISUNG HA & HYE OK JIN        $1,115.32

PING JI                       $1,042.79

DENNIS NC & ROSE SW YEUNG       $886.43

S M HWANG                       $840.78

S & L LEUNG                     $788.17

ZIBA ZOHREHVANDI                $771.85

A CHOW                          $709.70

J LEE & H RONG                  $599.04

J & E GORE                      $470.87

EC MEMBER                       $426.27

ROBERT BROWN                    $254.90

SUN WOO & YU GEE                $101.50

L MA                             $70.55

I wrote to EC members on 7 August 2017. No response was received:

Thank you for not responding, as expected.

As Lot 3 is an official Secretary of the EC, I am still persisting on getting a response.

Strata Manager, or anyone else on the committee, can only be delegated duties if they are officially reported in minutes of the meetings.

Now is a good time to reveal further evidence:

a) AGM 2012, when Special By-Laws for water and gas reimbursements were allegedly "approved" has a problem with quorum and duty of care.

The engagement of Solicitor Mr. Adrian Mueller shows even further problems. Cash flow to pay bills, that EC members and BCS Strata Management hid from owners until I uncovered it in June 2017:

http://www.nswstratasleuth.info/BCS-Strata-Management-hid-information-that-SP52948-had-no-readily-available-funds-to-pay-bills-4Jul2012.htm

See attachment and analyse. If you find ANY error, I would be happy to stand corrected.

You have two working days to respond and notify myself and ALL owners.

b) EGM that gave exclusive rights to common property to Lots 136 and 137 in May 2012 also has problem with quorum and is non-compliant with the Special By-Law because Mr. Kemsley did not pay for all expenses of the rushed meeting and adjourned meeting.

That now shows we have two owners who obtained exclusive rights to common property in manners that must be investigated. Plus, Special By-Law for Lot 3 has been secret for 14 years and involves insurance claims that are being investigated.

c) AGM 2013, and two EGMs on 4 and 20 December 2013 also have problems with the quorum. I have full details but now I leave it to you to analyse very carefully on your own.

Make sure to include facts about unpaid levies for second gas connection, and inequitable water and gas reimbursements for ANY period before 6 May 2013 when Special By-Law for it was officially registered.

The Motions to include vote on validity of quorums and conduct of these meetings will be submitted before next general meeting.

Thank you.