Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Richard Sweeney, admin@stratacommunity.org.au |
| Subject: | Re: UPDATED INQUIRY SCA NSW Code of Conduct BCS Strata Management - on 13Nov2016 |
| Date: | 13/11/16 19:52 |
To Whom It May Concern at SCA,
After six years of hard work, our strata complex did not renew contract with BCS Strata Management.
For the first time in 16 years, we managed to get the large strata complex at Macquarie Park to have some kind of tender for strata manager, and BCS immediately lost the contract as soon as any competition was introduced.
Details of AGM 2016 (held on 19 October 2016) are enclosed herewith.
Based on evidence provided before and herewith, we would like to know what else is needed for your professional organisation to take any action? Your code of conduct is very clear and even layman can easily conclude that BCS is non-compliant. The large strata complex at Macquarie Park changed seven strata managers and three branch managers at BCS and yet, they all exhibited the same behaviour:
www.stratacommunity.org.au/documents/item/135
Facts:
1. Mr. Greg Freeman (COO of BCS NSW), failed to take actions and respond more than 50 times:
Greg-Freeman-COO-BCS-Strata-Management-Persistent-Silence-Lack-of-Actions-2014-2016.pdf
2. Mr. Greg Nash (Managing Director of Pica Group - parent company of BCS), who publicly promised to "investigate" BCS in forum at ProductReview website, failed to contact me or show any results over 12-month period and even misled world-wide audience about it:
3. Here is an example of evidence that BCS Strata Management ignore requests for maintenance and access to strata files:
BCS-Strata-Management-Complying-with-EC-Instructions-and-Avoid-Dealing-with-Serious-Issues-8Feb2016
4. BCS Strata Management, including Mr. Greg Freeman, regularly fail to even respond to customer's inquiries:
BCS-Strata-Management-Examples-of-Staff-Receiving-Complaints-and-Not-Responding
Greg-Freeman-COO-BCS-Strata-Management-Persistent-Silence-Lack-of-Actions-2014-2016.pdf
5. Special By-Law, giving exclusive rights to common property to member of the EC, is still hidden from owners and investors for 13 years:
6. Photos showing poor maintenance (including various failures for fire and safety) over several years:
https://www.nswstratasleuth.info/Macquarie-Gardens-photos/gallery/
BCS-Strata-Management-Delayed-Roof-repairs-at-High-Costs-Without-Competitive-Quotes-2015.pdf
7. Pica Group and BCS were directly involved in undisclosed cash advance (without any approval or knowledge of owners corporation), which directly helped them "win" another contract without tender in 2014:
PICA-Creditor-Code-90906-undisclosed-cash-advance-repayment-25Mar2015.webp
8. BCS is efficiently bribing selective members of the EC for 16 years and some owners:
BCS-Strata-Management-Bribing-Members-of-Executive-Committee-for-16-Years.pdf
9. BCS is actively involving Solicitors even when owners do not want it:
10. BCS persistently hides serious professional building reports from owners:
11. BCS failed to provide access to strata documents as per SSMA 1996 five times. Some of the examples:
SSMA1996-S108-Document-Viewing-Undislosed-Files-BCS-Strata-Management-18Dec2015.pdf
12. Unusual changes of public opinion at Product Review website:
BCS-Strata-Management-appaling-customers-reviews-at-productreview-website.html
Details of how many owners are genuinely upset with services offered by BCS are listed on the above link in concise form.
13. BCS is regularly delaying payments from common funds:
BCS-Strata-Management-Delaying-Payments-from-Common-Funds.pdf
SSMA1996-S108-Document-Viewing-Undislosed-Files-17Nov2014.pdf
SSMA1996-S108-Document-Viewing-Undislosed-Files-BCS-Strata-Management-17Oct2013.pdf
SSMA1996-S108-Document-Viewing-Undislosed-Files-BCS-Strata-Management-Nov2012.pdf
14. Other references about BCS:
BCS-Strata-Management-Bad-Reputation-Examples-from-Internet.php
... including article in the Independent Australia:
And much more at:
https://www.nswstratasleuth.info/
On 16/05/15 12:19, owner wrote:
AGM-or-EGM-2016-Motions-by-Lot-158-v11-with-proof-of-what-BCS-deliberately-excluded-on-19Oct2016.pdfHello again,
As we suspected, no action followed by SCA.
That is not unexpected because some members of the SCA have direct conflict of interest in regards to BCS. To name a few.
a) Mr. Greg Haywood.
He is CEO of the PICA Group which includes Body Corporate Services (BCS).
Our strata complex borrowed money from PICA (cash advance) in August 2014, without disclosing it in any documents to owners (including AGM in November 2014), which was paid back six months later.
Needless to say, BCS "miraculously" won the "tender" for strata management in November 2014 for three years.
Owners corporation is not allowed to see details of the tender, directly breaching the law: SSMA 1996 S108!
In 2011, Mr. Freeman and single EC member alone "negotiated" renewal of BCS contract, where they "offered" discount which Mr. Freeman called loyalty rebate. Not only that rebate never occurred and owners corporation received no benefit from it, but it was a direct bribery attempt because there was no tender for the contract.
Greg-Freeman-COO-BCS-negotiating-secret-strata-manager-contract-24Oct2011.pdf
b) Mr. David Bannerman.
He was involved in defending BCS in CTTT SCS 11/51344 STRATA SCHEME, SP 37466, Lindfield NSW 2070 - Invalid resolution attempted to be rescinded.
He lost that case.
c) Mr. Colin Grace.
Grace Lawyers were engaged to pursue action against illegal ISP business which BCS allowed to run without any benefit to owners corporation for 10 years. In the end, unhappy with work done by Grace Lawyers. owners corporation 52948 removed them from any further work.
How badly our complex is managed show these photographs:
https://www.nswstratasleuth.info/Macquarie-Gardens-photos/gallery/
Macquarie-Gardens-Special-Levies-Looming-Due-to-Mismanagement-by-BCS-Strata-Sydney-May2015.pdf
Also, how many other customers see BCS as unprofessional:
http://www.productreview.com.au/p/bcs-strata-management.html
The draft chapters of the book about BCS and tricks used by strata managers:
https://www.nswstratasleuth.info/
In any case, we think we can conclude where the real problems are. SCA are not upholding professionalism of its members in unbiased manner.
On 01/12/14 19:58, owner wrote:
Hello Richard,
Thank you for the update and correction about people who left your company.
We know that StrataCommunity will not have an easy task because BCS is a large company with "good connections" and some of their managers won "awards" for qualities they offer.
The question is how much StrataCommunity will really work for community at large, without bias.
BCS (old Raine & Horne Strata Sydney) has been involved in long-running mismanagement of the Strata Plan 52948 (14 1/2 years to be exact).
Even before the AGM 2014, in spite of fully paid SSMA 1996 S108, current Strata Manage Mr. Russel Young, with full knowledge of Mr. Greg Freeman and Mr. Billy Cheung, failed to provide full financial statements, bank account receipts, and 12 other strata documents.
At the end of our visit, when we questioned him, Mr. Russell Young offered to reimburse us because of unavailable documents, which we refused.
The only document given to owners is one-page balance sheet, riddled with financial errors. For FY 2014, more than $50,000 is wrongly listed, figures incorrect, or hidden, in the balance sheet, but the owners are not allowed to receive such information. BCS' misconduct and lack of professionalism will one day be taught in schools as example of how not to run strata business.
Here are some easy-to-prove facts:
1. 10-year Sinking Fund does not exist and building reports which document significant repairs and maintenance issues are neither given to owners nor listed:
Napier & Blakeley (unknown to owners for 2 1/2 years)
ThyssenKrupp Elevators (unknown to owners for one year)
Vertical Transport Management Services (unknown to owners since Feb2014)
Owners deserved to know about audit by ThyssenKrupp Elevator in regards to risks and replacement of obsoleted or aging parts in the complex.
ThyssenKrupp released their Risk Implementation Plan for elevators and the cost for dealing with:
* High Risks (rectification required by end of 2014) was quoted at budgeted price of $149.644.00;
* Medium Risks (rectification required by end of 2016) was quoted at budgeted price of $20,336.00;
* Low Risks (rectification required by end of 2018) was quoted at budgeted price of $99,400.00.
Major upgrade item by end of 2014:
* Lift Car Landing Door Equipment $250,000.00
Other upgrade items by end of 2018 came up to figure of $385,000.00, additional $150,000.00 in the following two years afterwards (by end of 2020), and additional $200,000.00 within next 10-15 years from 2013.
Add to it exterior painting of buildings (currently quoted around $660,000 and not given to owners to vote at AGM 2014 with decision made that EC and BCS will make such large expense decision alone)!
Other major expenses awaiting this complex:
Roof membranes - for one-half of one building, a single quote in Motion 15 came up to $53,000 (another large expense without additional tenders or proof they were conducted in accordance with SSMA 1996 Section 80B and Strata Schemes Management Regulation 2010 Schedule 3 Regulation 4). For four buildings (they have to be done because last time that was in 2005) because they are overdue and continuous leakage problems are evident, these membranes will cost around $210,000.
Strata Schemes Management Amendment (Child Window Safety Devices) Bill 2013 - we have (no choice) to implement it by 13 March 2018.
Pavers on the ground between buildings need to be re-levelled. That was reported in Napier & Blakeley's OH&S document as tripping risk.
14 security cameras and DVR system (they are very old, with poor quality and need replacements). In addition, due to amount of recorded data, we only keep around 2-3 days on the disk. All other data is overwritten after that time. That means a security event that might happen on late Friday and was undetected until Monday, would stand no chance of any records being provided from the cameras.
2. Due to illegal water and gas reimbursements to selective townhouse owners, without Special Resolution and registered By-Law, (four of them were members of EC at various times, of which one is still the main person in charge), BCS directly caused quorum for all general meetings over the last 14 years to be declared invalid:
* Entitlements were drastically and unequally changed for voting rights.
* Typically, 18 out of 26 townhouse owners paid less levies than prescribed by law.
3. BCS colluded with interests of EC members over many years, ensuring that he (and occasionally other townhouse owners enjoy special and unauthorised privileges. To list few:
* Garbage bin collection for single EC member for 14 years as "personal service" by the Caretaker, without any other townhouse owner having same rights until October 2014 when we discovered it;
* Private lattice built in front of his townhouse without owners corporation approval and almost certainly paid from the Admin Fund (he still declines to answer the details about the expense in amount of $6,116.20 by Robertson Painting in 2012); to avoid scrutiny, four other townhouse owners erected similar lattices. If ordinary person tried to install something on common property without their approval, the EC would jump to prosecute them, but not in this case;
* Water and gas reimbursements which he personally enjoyed, along with other selected townhouse owners. Total personal benefit without By-Law and Special resolution in EC member's own bank account amounts to ONE YEAR OF UNPAID LEVIES. To cover the trails, BCS rushed to get owners to "approve" Special By-Law 13 at AG 2012;
* General Meetings held in Medina Apartments for many years whilst EC member was in business-relation with them. When he was asked about it at AGM 2010, he pretended he did not understand the question;
* Roof insulations for two EC members and other townhouses in 2007, without owners corporation approval and of significant cost;
* Pergola paintings and repairs - three times over last 15 years. Pergolas are, as per all available documents, not registered as common property in Strata Plan 52948! BCS knows it but it did not stop them from abusing common funds to do it again in 2010/2011. Total costs of fixing pergolas, which are, in accordance with the Land Title, not common property in our complex: more than $80,000.
4. BCS Privately negotiated its contract renewals without owners corporation decisions at general meetings and without updates to their Agreement in period May 1999 to November 2014.
Without any approval or details in Schedule of Fees, BCS claimed expenses for:
Tax Information Fee
BAS Information Fee
Bank & Accounting Fees
They are not in any Agreement or valid document for 14 years.
In 2012, Mr. Greg Freeman and single EC member alone "negotiated" renewal for BCS contract, where Mr. Freeman "offered" discount which he called "loyalty rebate". Not only that rebate never occurred, but it was also a direct bribery because there was never a tender for the contract.
5. Paid hidden water and gas reimbursements to selective townhouse owners in large strata complex for 13 years without a By-Law or special Resolution.
Loss to owners corporation: around $160,000.
Because one of the beneficiaries are few EC members, BCS worked to introduced Special By-Law at AGM 2012 without telling 192 owners in four buildings about the size of the "special benefits".
In essence, forced owners to approve these rebates retrospectively without providing information (in law, that is called misleading and deceptive conduct due to lack of "clear adoptive acts").
In fact, BCS and the EC members attempted to use same "ratification" process to "approve" appointment of a lawyer nine months after the illegal EC meeting. The CTTT Adjudicator ruled:
Lot 158 v OC SP 52948 (Strata and Community Schemes) [2013] NSWCTTT 553 (6 November 2013)
Adjudicator: In my opinion, insofar as motion 2 sought to ratify the appointment of the lawyers to act on behalf of the Owners Corporation it was ineffective to do so. An Executive Committee cannot, in my opinion, use principles of ratification to validate an invalid resolution which the Executive Committee attempted to pass some 9 months earlier.
6. Ran rigged building painting tender where two companies had the exactly the same price up to a cent ($446,380). Third quote was in amount of $480.010). BCS persuaded EC members to vote without general meeting and select the company they preferred. The final expenses grew to $556,640, of which $43,160 is still unaccounted for and BCS failed to provide any financial statements in spite of two requests as per SSMA 1996 S108.
7. Elevator contract renewed in 2005 without consultation with EC and without additional quotes. It turned out to be very expensive.
Lift contract secretly approved and signed off by BCS and single EC member alone (not even EC was involved) with ThussenKrupp in 2010 for seven years under very unfavourable conditions.
In addition, the real expenses for lift maintenance in 2010 exceeded $161,000.00 when even two phases in Block A power supply were short-circuited and Starta Manager falsely forced owners corporation to urgently upgrade electrical switchboard (tuned out it was not so urgent and was primarily rushed for Optus telecom antennae requirements).
8. Caretaker's contract has not been tendered since 1999. For the last 14 years, the contract worth more than quarter of a million dollars currently, never requested tenders.
The contract with the Caretaker in December 1999 increased costs by more than 33% without any tender in that year, and without decision at the general meeting.
9. BCS hid two very competitive quotes provided by other service providers before the renewal of the Caretaker’s contract to the Strata Manager in 2004. They were undisclosed to majority of members of the EC and never presented to owners corporation.
The approximate savings, in favour of engaging one of the companies in 2005 would have been $17,891.00 per year, 12.36% savings for the owners corporation in just one year.
9. Upon advice from the Solicitor, BCS presented falsified Statutory Declaration to CTTT in 2013 and still uses the same service to defend itself at owners corporation expense in amount of $62,000 so far.
10. Negotiated unfavourable electricity supply contract for the complex as announced at the EC meeting held on 20 July 2011.
Since then, the expenses for electricity paid for common property not only increased, but increased extremely more than by reasonable percentage:
Financial Year 2012: 18.04%
Financial Year 2013: 18.76%
As a reference. here are electricity costs increases for several years before negotiated new contract:
Financial Year 2004: 5.07%
Financial Year 2005: 5.20%
Financial Year 2006: 8.84%
Financial Year 2007: 9.04%
Financial Year 2008: 6.27%
Financial Year 2009: 3.69%
Financial Year 2010:18.33%
Financial Year 2011: 5.25% (before the "new contract" came into power)
In addition, over $25,000 was spent on LED light replacements that were supposed to achieve significant savings. So far, in 2014, the electricity expenses decreased by 5.73% only. When including the expenses for other emergency lights that were replaced by energy-efficient types, it is not possible to justify the money invested so far without further questioning.
11. In 2004, signed contract with WHome (now BigAir) to provide wireless ISP services solely for owners in the complex. The contract was approved without general meeting.
The conditions of the contract financially disadvantaged 218 owners for 10 years. BigAir still runs the business and pays nothing to the owners. Ever worse, they cannot provide any license to run the facility in the complex.
12. For 14 years BCS refuses to provide full financial statements to owners, claiming some privacy issues!? Instead, only one-page balance sheet, which is always full of hidden expenses and inaccurate figures is given at the AGM.
13. In 2003, through fraudulent count of votes at the adjourned general meeting, granted privilege of ownership to common property to a single owner who used to be member of the EC. When the Special By-Law was registered, it never got published in the listing of by-laws for owners in the complex. To this day, even on BCS web site, this Special By-Law does not "exist".
In other words, Special By-Law that was registered with LPI does not exist in By-Laws for owers or potential purchasers. None of the strata documents list it.
14. In 2010, Strata Manager tried to coerce owners to approve Optus telecom installation on the roof of one building and prevented other owners to share information before voting. Luckily, the strong efforts of one owner prevented Optus from installing the antennae.
15. Building inspection report by Napier & Blakely in 2012 was hidden from owners for almost two years and to this day some issues highlighted in the report have not been rectified.
16. Fire inspections kept failing number of items and it took more than one and a half years to update some important issues (only after they were reported to City Council by me in September 2014).
17. OH&S and Work Safety inspection reports are not fully conducted and the proposal to enforce it at AGM was rejected in 2012 and 2013.
18. Three times BCS rejected to attend mediations at Department of Fair Trading, stating that there was nothing to "talk about as everything was in perfect order". At CTTT, they constantly provided false statements.
19. Three times, for which there are signed documents, BCS failed to provide access to documents as per SSMA 1996 S108. All top managers at BCS know about these issues. Their reaction: nothing.
20. How determined to avoid any scrutiny BCS is shows the following Motion at urgent Extraordinary General Meeting in December 2013 (without providing owners with any details of the financial mismanagement and illegal activities for 14 years). This is the Motion verbatim:
That the Owners Corporation ratifies all acts of the of the Strata Managing Agent on behalf of the Owners Corporation up to and including the date of the last general meeting, and for the avoidance of doubt in particular ratifies any
a. contracts for caretaking, gardening, security and pool maintenance;
b. agreements for elevator or other equipment maintenance;
c. appointment of solicitors to defend claims and appeals to CTTT;
d. claims on insurance submitted;
e. supply of goods or services contracts or pricing agreements;
f. payments made to owners under gas and water rebate schemes;
g. gifts or donations made to contractors as customary seasonal tips;
h. agreements or purchases made regardless of the amount being above $30,000;
i. permissions granted to lot owners in respect to keeping pets;
j. permissions granted to carry out minor refurbishment work affecting common property but inside a lot;
k. permission granted to use common property;
l. instructions given to on-site caretakers;
m. legal actions to pursue recovery of costs from lot owners in respect of monies owed to the Owners Corporation; and
n. minor procedural or strict administrative compliance matter where the Owners Corporation has suffered no financial loss not subsequently recovered; ...
This Motion, without telling owners that, for example, losses from common funds due to mismanagement exceed half-million dollars, attempts to make BCS "sins" be "forgiven and forgotten"...
For all this, and more, we have all the evidence anyone needs.
On 28/11/14 07:36, R. S. wrote:
To whom it may concern
Hope you are well.
Please be aware that J. M. and J. B. are no longer employed by SCA (NSW).
I will forward your email to the relevant colleague to action.
Regards
Membership Services Administrator
Level 1, Suites 101 & 102
845 Pacific Highway C
hatswood, NSW, 2067
Ph (Main): 02 9492 8200
Ph (Direct): 02 9492 8204
Please note the SCA (NSW) offices, will be closed from Friday 19th December 2014 and re-open on Monday 5th January 2015. Warm wishes to you and your family for the holiday season.
-----Original Message-----
From: owner
Sent: Thursday, 27 November 2014 7:46 PM
To: J. M.
Cc: Billy Cheung BCS Strat Management, Russell Young BCS Strata Management, Greg Freeman Pica Group, Jess Joyden SCA NSW
Subject: INQUIRY SCA NSW Code of Conduct Raine Horne Strata Epping - now BCS - on 27Nov2014
Hello,
We stand firm that Raine & Horne Strata Sydney (now BCS), together with the Executive Committee, cause close to one million dollar mismanagement in Strata Plan 52948. So far, over the last four years, not a single claim of mine was proven wrong, but there was lot of evidence hiding, false statements to CTTT, and so on.
A year ago, SCA refused to investigate them because "there was no approval by the EC", in spite of provided documents and the fact that the EC themselves would never want to be investigated. By itself, it resembles the situation where bikie gang does not like to be investigated by police.
In spite of many horrendous errors and even refusing to provide access to financial and other documents as per SSMA 1996 S108 on 17Nov2014 (see attachment which was logged with BCS office, and that the fifth time in three years), Branch Manager of BCS Mr. Billy Cheung claims there are no wrongdoings on their side.
However, Mr. Cheung is very happy to be investigated (see below copy of his email two days ago), so will SCA take the case even without the EC support (EC will never do it because of their involvement)? In other words, since BCS does not seem to have any problems with being investigated, will SCA accept our evidence for further consideration? We are confident it will not take much of your time to reach a decision.
Details:
Raine & Horne Strata Sydney (now BCS) has continued to act against
a) Property, Stock and Business Agents Act 2002
b) Property, Stock and Business Agents Regulation 2003, Schedule 6
c) Department of Fair Trading Rules of Conduct for Strata Schemes:
1. Knowledge of Act and Regulations
2. Fiduciary obligations
3. Honesty, fairness and professionalism 4. Skill, care and diligence 5. High pressure tactics, harassment or unconscionable conduct 6. To act in client’s best interests 8. To act in accordance with client authority 10. Licensee must ensure employees comply with the Act and regulations 11. Conflicts of interest 12. Referral to service provider 14. Inducements 15. Soliciting through false or misleading advertisements or communications 18. Representations about the Act or regulations
d) SCA Code of Conduct
Nevertheless, the Executive Committee colludes with BCS on a large scale for 14 years. Losses to owners corporation through mismanagement and misappropriation are close to million dollars. Abuse of financials, false balance sheets, special privileges to selected owners, ignorance of laws...
Note that BCS even resolved to submit false Statutory Declaration to CTTT a year ago. CTTT was of no use as nobody could "read" 3,000 pages of evidence.
Here is the email from Mr. Cheung on 26 November 2014:
CUT HERE
We have been made aware of the various allegations you have made against our office in regards to the management of your scheme and also the so called deal or corrupt conduct in regards to the tendering process of the caretaking agreement and the strata management agreement.
BCS Epping have been working closely with the Executive Committee in regards to the renewal of our agency agreement and we have also offered to the owners corporation the service of our sister company, Estate Managers in the tendering of the caretaking agreement of your building. In the instance where BCS and Estate Managers had a vested interest in the tender on the above services, it was essential that this process was managed solely by the Executive Committee to avoid any conflict of interest. The EC has assured that this process is carried at arm length from the managing agent and its associate company.
If you intend to pursue those allegations, you are entitled to lodge your complaints and submit concrete evidence to regulatory bodies for further investigations. We recommend that you cease the above defamatory remarks in public until all the facts have been tested and proven.
In regards to the various motions you have submitted, we have sought legal advice on the validity of the so called motions and explanatory notes which you submitted. Based on that advice, the agenda was drafted to allow an orderly and productive meeting.
As the Licensee in Charge of our office, I will be in attendance at your AGM to assist the Owners Corporation on any queries they may have.
I look forward to meeting the Owners Corporation tomorrow for a fruitful and engaging meeting.
Regards
Billy Cheung
Branch Manager
Body Corporate Services
Level 2, 51 Rawson Street, Epping, NSW, 2121 Locked Bag 22, Haymarket NSW 1238
CUT HERE
We are very interested in getting the SCA's response.
Regards,
On 06/06/13 15:01, Joanna McAndrew wrote:
The Code of Conduct Panel met this morning and have reconsidered your complaint.
Unfortunately they are not able to change their decision re having the support of your Executive Committee, as the contract with the Strata Manager is with your Executive Committee and not with you as an individual.
I'm sorry we are unable to assist you further.
Your folders are here in our office, you are welcome to collect them at your convenience.
Kind regards
Joanna McAndrew
Member Services Manager
PO Box 347
North Sydney NSW 2059
SCA NSW
-----Original Message-----
From: SP52948 owner
Sent: Saturday, 1 June 2013 7:32 PM
To: Joanna McAndrew
Subject: RE: FW: SCA (NSW) Code of Conduct Raine & Horen Strata Epping on 4 Mar 2013
Hello Ms McAndrew,
We believe enough time has passed since the Code of Conduct Panel meeting at the beginning of May 2013.
Would it be possible to get an outcome of their decision, whatever it might be?
For the record, your member, Raine & Horne Epping acts even worse than ever before, and at the CTTT Hearing on 10 May 2013 we were finally able to prove (after nine months of fighting it at the CTTT) that the EC and the Strata Manager never had a properly convened EC meeting that approved the engagement of the Solicitor. So far, due to those actions, the owners corporation paid more than $31,000.00 and the owners never received this information, which is carefully guarded from them.
There are so many things that are done unprofessionally, and even worse: against the law.
Anyway, we are doing what we can to protect our investment and prevent further financial and business mismanagement in the complex.
Best wishes,
On Sun, 2013-04-21 at 23:10 +0000, Joanna McAndrew wrote:
Thanks for your email.
I will submit your email to the Code of Conduct Panel for review. Their next meeting is scheduled for 9 May. After which time I will advise re collection of folders.
Kind regards
Joanna McAndrew
Member Services Manager
SCA NSW
-----Original Message-----
From: owner
Sent: Sunday, 21 April 2013 3:10 PM
To: Ethics NSW
Cc: Joanna McAndrew
Subject: Re: FW: SCA (NSW) Code of Conduct Raine & Horen Strata Epping on 4 Mar 2013
Hello,
We acknowledge the receipt of your letter date 8 April 2013 in which your company declined to review a serious case of misconduct and unprofessional actions of one of your members - Raine & Horne Strata Epping.
We are very disappointed that formal reason to reject our request for investigation was based on a reason which should not be an obstacle.
We cannot obtain the EC's approval because they work with the Strata Manager! This strong statement can be proven in any court but I prefer to deal with it through cheapest ways firstly. It seems in Australia that might not be possible.
We strongly believe that substance should win over formality.
In any case, we thank you for your time.
Since our evidence was not reviewed at all, it would be nice from your office to return our folders. We spent lot of time and money trying to help you retain good reputation and enforce your own policies upon your members.
We are happy to come and collect the folders in person.
It is waste of your office space to keep them and pointless to collect the dust when nobody in your office will ever read them.
If we were in your company, we would conduct an internal investigation of Raine & Horne Strata Epping.
In the end, your reputation is based on the reputation of your members.
On Mon, 2013-03-04 at 21:18 +1100, owner wrote:
Dear SCA NSW,
We attach the filled form, as per your request. We would have done it before if I had known about it.
riginally, we were only requested to complete the Ethics form (enclosed herewith again).
The situation in the complex has deteriorated even more.
a) In spite of all requests, the owners do not even know the office bearers since the AGM 2012 on 17 October 2012. The Strata Manager refuses to provide any details.
b) The Strata Manager refuses to provide copies of the Special By-Laws registered after the AGM 2012.
c) The Strata Manager and the EC refused to mediate in DFT case SM12/1537JR and they did not even notify the owners. That was officially confirmed by the DFT on 20 February 2013.
d) The Strata Manager and the EC failed to notify the owners that the CTTT case SCS 12/50460 is now open.
e) The Strata Manager and the EC failed to notify the owners that they spent close to $18,000.00 on legal fees without the owners decision at the general meeting, and even without providing owners with the Standard Contract Agreement.
The CTTT case SCS 12/32675 will discuss the legal costs and we have just prepared a shocking evidence for the CTTT. Even we did not know how bad it was.
f) The Strata Manager refuses to provide access to certain financial and other documents that belong to the owners corporation.
For that reason, we requested to issue summons via CTTT last week (case SCS 12/50460).
The problem is that we do not have owners corporation. Owners are passive, some of them scared, lot of them do not speak English well, 50% are investors... and the end result is that the unscrupulous EC and the Strata Manager run the show without any control.
All the above evidence, on top of what you already have from me, can be provided at any time.
We are really looking forward if we are allowed to address your Panel because oral presentation is much more efficient and voluminous paperwork.
On Mon, 2013-03-04 at 05:37 +0000, J. M. wrote:
Thank you for contacting SCA (NSW), regarding a complaint about an SCA (NSW) member.
In order to progress this matter SCA (NSW) require that you undertake the following:
1. Please read the SCA (NSW) Code of Conduct;
2. Please complete the Complaint Management Form, (we have received your evidence but require this form completed).
Please note that SCA (NSW) only communicates these matters in writing.
Please send your complaint via email to ethics.nsw@stratacommunity.org.au
or
The Ethics Committee
PO Box 347
North Sydney NSW 2059
Kind Regards,
Member Services Manager
PO Box 347
North Sydney NSW 2059
