In 1961 the Conveyancing (Strata Titles) Act was introduced in NSW. This act created a legal mechanism for the vertical subdivision of multi-unit housing.
This map shows the historical progression of strata schemes as they were registered across Sydney, and provides a unique snapshot of the development of higher density Sydney. Initially concentrated in a few small pockets on the North Shore and Eastern Suburbs, strata developments have now become an important feature of the housing landscape in all parts of Sydney:
The huge growth of strata schemes in Australia requires good laws to protect owners. Originally, it was expected that democracy would be the leading avenue for managing complexes. But, democracy requires high level of sense and ethics. When lack of ethics and ignorance of laws are prevalent, how to proceed? One way is to educate public and rise awareness that license to be a strata manager is one of the easiest in any industry: Strata Community Australia (SCA) are offering a three-day course on qualifying to be a strata manager with no prior educational requirements (apparently educational requirements are fulfilled by completing the course).
Primary audience on the website are owners (current and previous), tenants, investors, and potential buyers in strata complexes.
Justice McCallum publicly stated:
Extensive media reporting of allegations of criminal conduct is not a mischief in itself. On the contrary, it is appropriate to recognise that the media play an important role in drawing attention to allegations of criminal or other misconduct and any shortcomings in the treatment of such allegations.
The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...
There is no website which covers more detailed events related to strata issues with direct evidence than this one in Australia (trust through verification).
This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere. All files on this website were provided to Fair Trading NSW, Office of Legal Services Commissioner, CTTT (now NCAT), District Court, Supreme Court, and Police.
Solicitor Adrian Mueller created dangerous precedence in two CTTT/NCAT cases (SCS 12/32675 and SC 20/33352) which, based on Australian legal system, allow other parties to use as valid defence (legal precedents). CTTT/NCAT fully co-operated with the Solicitor and effectively rendered NSW strata laws useless, and even allowed Solicitor's reprentation of large strata plan SP52948 without having any evidence of being approved by owners corporation (in fact, Solicitor was not approved at any legally-convened meeting).
CTTT/NCAT actively supported Solicitor Adrian Mueller's predictive behaviour, conspiracy offence, contempt of court, falsified documents, and insurance claims in two cases in 2012/2013 (SCS 12/32675 and SCS 12/50460, conducted by Tribunal member M. Harrowell) and 2020/2021 (SC 20/33352, conducted by Tribunal member G.J. Sarginson). The precedence means that all evidence of the Applicant can be ignored if the Respondent fails to attend Hearings.
Tribunal had full knowledge of the Applicant's submissions about Solicitor Adrian Mueller, including ones dated 8 February 2022, 27 February 2022, and 22 June 2022, which they completely ignored.
In NSW, the following laws apply:
Strata Schemes Management Act 2015 No 50 commenced on 30 November 2016
Strata Schemes Development Act 2015
Community Land Management Act 1989
Community Land Development Act 1989
Property and Stock Agents Act 2002
Strata Schemes Management Amendment (Child Window Safety Devices) Regulation 2013
- Main emphasis is on BCS Strata Management (part of Pica Group) because they claim:
service promises, exemplary culture and way of working, market leader.
For other references to BCS Strata Management just continue to read below...
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Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of services provided by those who should enforce laws are common and frequent - examples: NSW-Civil-Tribunal-failing-to-deliver-services.
NSW Fair Trading closing the cases without notifying customers and not responding to valid concerns:
NSW Fair Trading closing file 7563482 by ignoring evidence on 25 May 2015
NSW Fair Trading closing file 7938059 by ignoring evidence on 9 October 2015
NSW Fair Trading closing file 9333507 without notifying customer-of-outcome on 18 May 2018
NSW Fair Trading closing file 9526773 without notifying customer of outcome on 19 October 2018
NSW Fair Trading closing file 9562217 without notifying customer of outcome on 23 November 2018
NSW Fair Trading ignored inquiries about files 9333507, 9526773, and 9562217 on 28 January 2019 in spite of evidence that they read customer's email on 6 February 2019
NSW Fair Trading ignored inquiries about files 9333507, 9526773, and 9562217 on 25 February 2019 in spite of evidence that they read customer's email on 26 February 2019
NSW Fair Trading staying silent about allegedly resolved case 9761719 on 28 April 2020
Police officers with criminal records - April 2016:
9News - Police officers with criminal records - 27 April 2016.
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While Owners Corporations are obliged by law to keep records, the law doesn’t say that they have to be complete, accurate or true.
Right now, Owners corporations are outsourcing their record keeping to strata managers, and in many cases the record keeping is poor. There are no consistent standards, and records often disappear when they are transferred from one strata manager to another. The industry should be doing something about it, and laws need to be tougher.
In recent inspections of strata records, EYEON Property Inspections has seen the following examples of altered and incomplete records:
Strata committee altering general meeting minutes to change decisions made by a majority of owners
No information provided in records of the status of building rectification works
Recent records of building defects “lost” on transfer from the previous strata manager.
In the property podcast, The Elephant in The Room, a Sydney Strata Manager said she comes across a Strata Committees who doesn’t want certain information to be included in the minutes because it would negatively affect property values.
She said that if she isn’t comfortable with the minutes or disagrees with the included information, she won’t include her logo on it. She knows the minutes are wrong but is powerless to ensure the correct information goes in the records. She can’t stop the owners from creating false records.
Strata records need to be better. Strata managers should have consistent record keeping systems and the transfer of records should be audited. Owners corporations should always have their own copy of all records. There should be severe penalties for non-disclosure of information.
Otherwise, how can property buyers trust the information they are provided?
The bottom line is that if there are gaps in records or the detail about current issues is sparse, buyers need to be cautious. These issues should be red flags and buyers should consider making lower offers or walking away from a property if the strata records are poor. In some cases, current owners might be trying to get out of the building before major issues become public knowledge.
Penalty for Solicitor for misleading court by silence:
The decision is the result of a guilty plea in a case where the solicitor represented himself, but the NCAT waved it through without much apparent anxiety about the implications of their findings and whacked him with a fine of $7,500, plus costs.
On the basis of admissions made by the practitioner, the Tribunal of three members found that the solicitor had breached each of the following rules:
A solicitor representing a client in a matter that is before the court must not act as the mere mouthpiece of the client or of the instructing solicitor (if any) and must exercise the forensic judgments called for during the case independently, after the appropriate consideration of the client’s and the instructing solicitor’s instructions where applicable. (Rule 17.1)
A solicitor must not deceive or knowingly or recklessly mislead the court. (Rule 19.1)
A solicitor must not knowingly make a false statement to an opponent in relation to the case. (Rule 22.1)
The Tribunal found that the solicitor dishonestly (as in intentionally or recklessly: Derry v Peek (1889) LR 14 App Cas 337) represented to the defendants’ lawyers that:
the plaintiff had no objection to the defendants filing and serving their defences by no later than 8 August 2016; and/or
default judgment would not be entered without first giving reasonable notice or warning to defendants’ solicitor of any application by the plaintiff to file for default judgment; and/or
default judgment had not been entered against the defendants on 27 July 2016 or at an earlier time.
... Then the Tribunal found that the solicitor had dishonestly ‘made a false or misleading statement to the Court through silence that there were no communications between the parties’ lawyers relating to the preparation of defences by the defendants’. Though it did not say so, the Tribunal effectively found the solicitor to have perjured himself.
Solicitor who made false statements faces caution and costs order
BCS Strata Management and Non-Compliant Proxy Forms and Ballot Papers
BCS Strata Management Declined to Sign Disclosure Statements
Evidence of Persistent and Deliberate Efforts to Ignore Fire Safety Issues by BCS Strata Management
Some of Many Attempts to Engage Financial Accounting Companies to Explain Their Auditing Reports
Strata Managers Hiding Professional Reports from Owners, CTTT, and Fair Trading NSW
Investigations Generated Personal Safety Risks Including Attacks on Religious Basis
Perverting the Course of Justice
In 2006, former Australian judge Einfeld, who served on the Federal Court of Australia and was the inaugural president of the Human Rights and Equal Opportunity Commission, was issued a $77.00 speeding ticket for travelling 10 km/h (6.2 mph) over the limit. He appealed the ticket, claiming that he had not been driving. Journalists subsequently discovered that he had made a number of false statements under oath; the woman he had said was driving had in fact died several years earlier. Einfeld was arrested in 2007, and the following year pleaded guilty to perjury and perverting the course of justice. He was sentenced to three years' imprisonment and served two. As a result of his actions, Einfeld was expelled from the legal profession and stripped of many of the honours he had previously accumulated, including his status as a Queen's Counsel, appointment of the Order of Australia, and his status as a National Living Treasure.
BCS Strata Management Poor Reviews on Internet
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BCS Strata Management relied on herd mentality (consensus, social proof), where a limited group of owners (only around 30% of all owners) keep supporting strata manager's actions in fear of being "left out", without having access to relevant strata files.
BCS Strata Management, SP52948 committee members (current and previous), and Solicitor Adrian Mueller, were unrepentant and lacked any insight into their conduct (BCS Strata Management was removed from managing SP52948 at general meeting in 2016). There was (and still is) no evidence of contrition or remorse. Evidence points in the oppostite direction. Lack of insight into the scale and seriousness of their actions is overwhelming.
Let readers decide if BCS Strata Management complies with Property and Stock Agents Regulation 2022 (previously Property, Stock and Business Agents Act 2002), Strata Schemes Management Act, Strata Schemes Management Regulation, Code of Ethics - Strata Community Association (NSW), strata plan SP52948 By-Laws, and other applicable laws. Did BCS Strata Management meet the monetary obligations required for strata complexes such as the payment of dues and proper collection of levies? Did BCS Strata Management upholds the highest standards of integrity, responsible behavior, and ethical conduct in professional activities, treat all persons fairly and with respect, not engage in harassment or discrimination, and avoid injuring others?
The alleged savings to owners in amount of $3,599.00 (plus GST) per annum were never paid.
Brief details of contracts with BCS Strata Management for period 1999 to 31 January 2017.
This is not an isolated complaint about poor quality of services, professional negligence, and mismanagement offered by BCS Strata Managament offices. A few examples to prove this:
BCS Strata Management vs Robinson, 2004:
BCS failed to claim protection under their managing agent's agreement in 2004
In the 2004 case of BCS Strata Management vs Robinson, the strata manager attempted to defend their actions by claiming protection under indemnity. The facts of the case are as follows:
- Mrs. Robinson had injured herself in a lift,
- The floor of the lift did not settle level with the floor of the building. It dropped down some 18cm,
- When Mrs. Robinson stepped into the lift, she fell and injured her leg,
- Mrs. Robinson sued the Owners Corporation and BCS Strata Management,
- Mrs. Robinson won her case in the lower court and it was appealed in the Supreme Court,
- Mrs. Robinson claimed that the Owners Corporation and the Strata Manager had breached their duty under section 62 of the Strata Schemes Management Act 1996,
- The Owners Corporation and BCS cross claimed against each other. One of the claims by BCS was that they were indemnified under their managing agent's agreement.
The Court of Appeal found that there was no breach of statutory duty.
The Court held that a strata manager could not claim protection under indemnity where the strata manager was sued in their own capacity for their own negligence.
Two important outcomes:
- No indemnity will protect a strata managing agent from their own negligence,
- The protection is only relevant where an Owners Corporation is sued by an injured party and the Owners Corporation makes a claim on the strata manager under a cross claim. In other words, Owners Corporations are prevented from blaming their strata manager where only the Owners Corporation is sued.
Considering the fact that any good litigator would sue both the agent and the Owners Corporation, indemnities are almost of little relevance. They provide no protection to the strata manager if sued directly and the strata manager has done something wrong.
Article in Independent Australia magazine on 10 July 2016:
Body Corporate Services and the strata scheme from hell (Part 1)
Body Corporate Services and the strata scheme from hell (Part 2)
Pica Group and BCS Strata Management reviews at mapaus.com:
BCS Strata Management reviews at onsono.com
BCS Strata Management reviews at nicelocal.com.au (as of November 2021, rating 1.8 out of 5)
- Public site offers comments from other customers:
ProductReview appaling comments about BCS Strata Management in brief
Since April 2016, BCS started campaign of preventing negative comments at ProductReview and actively requesting owners to publish positive reports.
- Body Corporate Services (BCS) reviews at au.oceaniabiz.com:
BCS Strata Management reviews at au.oceaniabiz.com
- Body Corporate Services (BCS) reviews at wordofmouth.com.au:
BCS Strata Management review at wordofmount.com.au
- Body Corporate Services (BCS) reviews at Google:
- Body Corporate Services (BCS) Epping reviews at Google:
- Body Corporate Services (BCS) reviews at Google:
- Strata Inspector Mr. Allison McKnight from Strata Property Inspections Pty Ltd wrote the following to Minister for Fair Trading NSW in 2013:
Letter to Minister of Fair Trading (public copy of the same document)
In it, BCS was quoted as follows:
Records kept electronically. Charged for printing out documents off computer. Not all scanned in. Cannot guarantee all is available. Computer issues - logged off/logging on for additional searches. Time involved.
- The case of The Owners - Strata Plan No. 54026 v Phillipa Ternes [2019] NSWSC 1579
Pica Group diverted all correspondence to single post office box for four years:
It involved a mixed use building in Broadway, Sydney comprising some 586 units, primarily residential, some shops and 27 commercial units.
The majority of the units are managed on behalf of the investor owners by UniLodge. The holding company is UniLodge Australia Pty Ltd. The units in the strata scheme are managed for the investor owners pursuant to lease arrangements between the owners and Sydney Campus Apartments Pty Ltd, a wholly owned subsidiary of UniLodge Australia.
Under the lease arrangements the owners grant residential leases of their properties to Sydney Campus. UniLodge then arranges to licence the units for occupation by students. Under the terms of the leases, the owners appoint Sydney Campus as their representative for the purpose of exercising their rights of ownership vis the owners corporation. The voting rights in the scheme are exercised by Sydney Campus, not the individual investor owners. UniLodge Australia owns a unit in the strata scheme. Sydney Campus is the building manager.
In March 2015, Philippa Ternes, the general manager for UniLodge in Sydney, sent an e-mail to the then strata managing agent asking for the managing agent to enter a post office box of UniLodge as the mailing address for all of the units under UniLodge's management. It appears that the then strata managing agent, Prudential Investment Company of Australia Pty Ltd ("PICA") acted on the instruction. Since that time, all of the units managed by UniLodge have had the UniLodge post office box entered as their contact address in the strata roll. This position continued for over four and a half years.
In June 2019, PICA ceased to act as strata manager, and it appears to be common ground that its appointment was terminated. A new strata managing agent, Whelan Property Group Pty Ltd was subsequently appointed.
- Public site TrueLocal. BCS Strata Management in Melbourne was replaced after terrible services could not be improved:
An angry owner stated:
Not impressed at all with this company. They manage a unit of ours which they don't manage very well at all. There are consistently issues with maintenance works not being completed, being charged for works that haven't been completed or approved and also heavily overcharged for several general business items. They are also terrible at returning calls and emails and their communication is generally very poor. If you are looking for a body corporate company to manage your building I highly recommend you look else where.
After continuous problems and the company unable to improve their service(it actually got worse) I have managed to change the body corporate management to another company.
After notifying them of our change I received a call from the company's solicitor, interested in why we changed. He was shocked at the problems we had experienced.
Very happy to not be dealing with this company any more.
- Facebook comment:
Complaint on Facebook to NSW Strata Community
The owner said:
I have no rating objectives from Strata Community Australia, but I need to write a complaint about BCS Australia, I wrote directly to one of your directors MR Greg Haywood.
My situation is even worse now after I wrote the letter. Could you please direct my complaint to the proper address.
I am not in a position to hire a lawyer, but you would agree that yearly levies of 270k per year for three lot owners is a something from a fantasy world. I need your prompt recommendation of how to stop the machine going, our AGM and EGM meeting is on the 9th of July. Your site has no place for any messages from the public.
It looks and feels very self-congratulating. Kind Regards Rozalia Alpert
- BCS involvement in wasting around AU$100,000.00 in legal fess from common funds of owners corporation in World Towers in Sydney fighting builder Meriton Apartments for poor maintenance in 2012. Owners corporation terminated contract with BCS and replaced them by Change Strata Management.
BCS contract termination in strata complex with over 700 owners in Sydney in 2012
Domain website on World Towers
In this internet report, an investor-owner, Daniel Comarmond, said:
It's pretty disgusting. The executive committee has been going on about these issues with Meriton for so long. I am not convinced the executive committee is working in the interest of all owners. My requests for financials from the owners' corporation via the strata company have been ignored. I have been treated with suspicion. There is no transparency to the money spent by the executive committee or the legal battles that are happening.
The value of Mr Comarmond's unit dropped 3 per cent in 2012.
War of World Tower 5 January 2013
The owners corporation of a large strata complex in Sydney CBD initiated number of investigations into serious financial expenses:
- CTTT SCS 11/51344 STRATA SCHEME: SP 37466, Lindfield NSW 2070:
- Strata complex SP 81047 in Casuarina, managed by BCS.
Firstly reduced the contract period from three to one year at the AGM held on 2 November 2013
Within six months, due to poor services, more serious actions occured.
The owners corporation initiated number of investigations into serious financial expenses and mismanagement by BCS Strata Management:
BCS Strata Management financial mismanagement and poor accounting practices 2014
NCAT SCS 14/31418 Application for Compulsory Strata Manager to replace BCS Strata Management (public copy of the document)
Minutes of EC meeting at Cotton Beach, Casuarina on 23Aug2014 listed grievances about the caretaker and the strata manager:
In summary, the agreement of the meeting was that Owners, the Caretaker and the Strata Manager had to move past previous differences and work together to enhance Cotton Beach and its operation.
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The Tresurer will ensure that the figures provided by the Strata Manager to the Owners Corporation to assist the preparation of the 2014/2015 Budgets are fully reviewd and amended as needed to ensure the owners are fully informed in relation to the financial position of the Owners Corporation.
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It was noted that a number of requests for an Extraordinary General Meeting ("EGM") had been received and that the Executive Committee had been advised by the Strata Manager that the requesite precentage to require the calling of tn EGM had not been met and that many of the requests that had been received were defective in that they were naked requests for an EGM i.e. they did not propose any motions and often merely that certain issues be discussed.
...
The meeting discussed the NCAT submission and confirmed that he Executive Committee had filed a response... The Treasurer noted that the applicant had stated in their submission that he would assist for reward if a new managing agent was appointed...
The meeting was advised that Executive Committee had recently met with the Applicants and much common ground was found. - Post at Whirlpool:
Whirlpool on NSW Strata (Mis)Management Cookbook - BCS Strata Management
- In one complex,
compulsory Strata Manager BCS, as appointed by CTTT, applied a loan of amount $110,000.00 on behalf of the owners corporation without the consent of the owners. Each owner-occupier was forced to pay $5,500.00 per quarter for one year in 2010.
Everything was controlled by BCS. Strata Manager then resigned and appointed his colleague to replace his position with the approval by CTTT.
BCS failed to act in the best interests of the majority of owners, spent $4,000.00 from the Owners Corporations fund to M.G Lawyers (the owners corporation’s lawyer) to draft the application for their extension period.
After the appointment of the compulsory Strata Manager, Mr. B. J. of BCS, he engaged an engineering firm Esk Partners who proposed that the entire perimeter of the building be underpinned. He then convened a meeting of the executive committee (which consisted only of himself) and resolved to enter into an agreement with the accompany B. Tuffy Developments for the purpose of the complete perimeter underpinning on incomplete information, never actually investigated the existing footing.
The proposed costs exceeded $325,000.00, with only one tender obtained from B. Tuffy Developments. Underpinning cost were $238,000.00 of the $325,150.00. The quotation allowed for underpinning to a depth of five metres with a variation rate of $1,363.00 extra per line metre.
In November 2007, a quote was obtained from the same builder B. Tuffy Developments who quoted a price of $29,678+ GST to install the underpinning.
BCS insisted on undertaking very expensive building works.
Owners obtained independent services of structural engineer B. Lee who concluded that the underpinning was not necessary. Owners obtained another report from Arup which concluded that the underpinning was not required. Further, they arranged for a representative from Uretek to visit the site. Uretek advised that no subsidence of the footing existed and therefore nothing needed to be done.
TrueLocal website customer complaint about BCS Strata Management Victoria 2015
Facebook posts:
Whirlpool comment in 2013:
Negative comments about BCS Strata Management from complex in Wollongong on 11 September 2013
Whirlpool-negative-comments-about-BCS-Strata-Management-11Sep2013.webp
Our 12 unit block is sick and tired of our rubbish strata manager. (personally I also suspect our building manager is corrupt, but that's another story)
We currently use BCS.
Does anyone have any recommendations for other providers? The building is in Wollongong.
Would the competing provider do all the nasty-work switching accounts, or is there a need for a third party to manage the transition?
- Financedocbox.com review by Alisha Lang:
- Comments on MyBodyCorpReport website in 2016 and 2017:
BCS-customer-complaint-mybodycorpreport.com.au-2Oct2016
BCS-customer-complaint-mybodycorpreport.com.au-12Feb2017
BCS-customer-complaint-mybodycorpreport.com.au-19Mar2017
BCS-customer-complaint-mybodycorpreport.com.au-4May2017
- Poor ratings and appaling customers' comments about Pica Group (parent company of BCS Strata Management) on Facebook:
Pica-Group-appaling-customer-experiences-and-ratings-Facebook-12Nov2018
- Comments on WhirlPool website in 2013:
BCM Hotel California renewal clause
Ross Anderson on March 11, 2019 at 6:20 pm
Liz..thanks for the feedback, hey.
IF you get a chance, have a look at WHITECLIFFE [2018] QBCCMCmr 74: this was about the inclusion of alternate motions as separate motions, a mistake which renders all of the motions void. They had 3 gos at getting it right, and even then failed to issue the Adjudicator's Orders to all owners as directed, until prompted by the owner applicant... what a stuff up! Interestingly, we've been informed that the BCM is BCS, who you would think would be able to get it right first up. This is another case where it would have been helpful if the Adjudicator had named the BCM :
- The Owners Strata Plan 52098 v Khalil [2014] NSWLC 2:
BCS unlawfully extracting 'recovery expenses' from lot owners in strata plans that it managed:
Local Court matter of Khalil.
The Strata Manager, Body Corporate Services, engaged an associated law firm, Kemps Petersons, to recover outstanding contributions.
Both BCS and KP are members of the Pica Group. So,BCS were paying a related entity to provide legal services and then charging the 'recovery expenses' to Ms Khalil's strata ledger. Assessor Olischlager held that the contribution itself was a statutory debt but that recovery expenses had to be proved in court. He held :
...
There is no basis upon which the plaintiff is entitled to treat these expenses as a debt due and owing by the defendant... There is no provision within the Strata Scheme Management Act 1996 that gives expenses the characteristic of being a debt immediately due and payable upon being incurred by an owners corporation.
Olischlager concluded that Ms Khalil had brought her contributions up to date and the proceedings were maintained only for the purpose of recovering section 80 expenses.
He found that those expenses were not reasonably incurred and entered a verdict in favour of the defendant.
- NSW Minister Matt Kean displeased as strata giant slugs more than 200,000 unit owners with fees:
PICA claims they are necessary to bring its systems into line with the new strata laws that came into force late last year. According to its website, more than 220,000 strata lots across more than 11,000 buildings are managed by its subsidiaries.
"I would think dealing with changes in the law was a normal part of business for strata managers and I encourage owners’ corporations to shop around for the best deal," Innovation and Better Regulation Minister Matt Kean told Domain.
...
Other major strata managers have reacted with surprise at the charges and the way they were imposed.
"Keeping up to date with legislation changes is all part of running a business," said Daniel Linders, group managing director of Strata Choice and senior vice-president of Strata Community Australia, the strata managers' professional body.
"I have just sent out an email to all our strata managers telling them to reassure our schemes that under no circumstances will we be charging extra for compliance."
Another independent strata manager who asked not to be named said the charges were legal, within the terms of the standard PICA group contracts, but unwarranted.
"It's not like they are starting from a blank page every time they bring their templates up to date," she told Fairfax Media. "That's why they are called templates."
- BCS Strata Management Pty Ltd v Owners Corporation Strata Plan 61759 [2016] NSWCATAP 257:
1. The respondent, BCS Strata Management Pty Ltd, is to pay the applicant, Owners Corporation Strata Plan 61759, the sum of $3,575.00 immediately.
2. The respondent is to pay the appellant's costs of the appeal.
- Post in PropertyChat in 2019.
BCS refused to take decisive actions to recover large amounts of unpaid levies:
Urgent advice required please; we own a unit within a complex of 8 units. 2 of the unit owners within the complex have a combined arrears of $20,000. (One owes $7000 & the other owes $13,000). Both units are owner occupied.
What should the Strata Managing Agent be doing about about this?
...
The unit is in Wollongong within NSW. I am the only member of the strata committee so I am aware of the arrears. I have asked the strata manager to make all the other owners aware of it so that we can vote to resolve the issue. I've looked up NSW Fair Trading and the information is pretty basic.
Basically apply 10% interest and take it up with the local court for debt recovery.
BCS rings me when maintenance is required and sends copies of work orders to me.
I volunteered to be on the committee when the other 2 members became unfinancial and none of the other owners were interested.
The Strata manager and the company BCS has been managing the Strata since we bought the property 3 years ago. It is an established block - approx 40 years old.
- Comments at Propertychat.com.au in March 2017.
We've just moved from BCS to Lamb and Walters (who came recommended). I have no experience with them to date but can confirm BCS are fairly horrendous.
... and another customer confirming poor rating for BCS on the same page:
"We've just moved from BCS to Lamb and Walters (who came recommended). I have no experience with them to date but can confirm BCS are fairly horrendous."
+1 for BCS.
- Comments at Oceaniabiz.com.
This the worst strata managing company their aim is to act in an unethical manner in order to stay in the roll and keep making money and pursposely making confilcts between lot owners because for every dispute and email they manage they make more money. Beware of the king os unethical conduct Mike Smythe, Mike Witworth, charles Guthier, Patricia Fiorenza
- Comments at Lookupstrata.com.au in February 2019.
- Post in Twitter about strata plan SP78207:
- Post at Financedocbox:
Financedocbox examples of BCS Strata Management ignoring customer complaints
BCS Strata Management and Non-Compliant Proxy Forms and Ballot Papers
STRATA SCHEMES MANAGEMENT REGULATION 2016 - REG 10 Ballot for strata committee 10 Ballot for strata committee (1) This clause applies to the election of a strata committee for a strata scheme comprising more than 2 lots. (2) If a ballot for membership of the strata committee of an owners corporation is required, the person presiding at the meeting of the owners corporation must: (a) announce to the meeting the name of each candidate, and (b) provide each person present and entitled to vote at the meeting with a blank ballot paper for each vote the person is entitled to cast. (3) For a vote to be valid, a ballot paper must be signed by the voter and completed by the voter's writing on it: (a) the names of the candidates (without repeating a name) for whom the voter desires to vote, the number of names written being no more than the number determined by the owners corporation as the number of members of the strata committee, and (b) the capacity in which the voter is exercising a right to vote, whether: (i) as owner, first mortgagee or covenant chargee of a lot (identifying the lot), or (ii) as a company nominee, or (iii) by proxy, and (c) if the vote is being cast by proxy - the name and capacity of the person who gave the proxy. (4) The completed ballot paper must be returned to the chairperson. (5) Until all places for membership of the strata committee have been filled, the chairperson is to declare elected successively each candidate who has a greater number of votes than all other candidates who have not been elected. (6) If only one place remains to be filled but there are 2 or more eligible candidates with an equal number of votes, the candidate to fill the place is to be decided by a show of hands of those present and entitled to vote. (7) Subclause (6) is subject to a resolution referred to in clause 14 (1) (a).Examples of how BCS Strata Management used proxy votes and ballot paper can be provided upon request.
Strata Managers Hiding Professional Reports from Owners, CTTT, and Fair Trading NSW
Common-routine-building-maintenance-required-in-residential-strata-properties-in-NSW
BCS-Strata-Management-hid-professional-building-report-from-owners-NCB-Plumbing-17Feb2014
Thompson-Elevator-Consultancy-Service-audit-undislosed-to-owners-Mar2017
Investigations Generated Personal Safety Risks Including Attacks on Religious Basis
BCS Strata Management Declined to Sign Disclosure Statements
- Before large strata complex at Macquarie Park Annual General Meeting 2014 (or at any other time since 1999), BCS did not sign the Disclosure Statement, which among the other items listed:
no conflict of interest existed in the past or currently, or is likely to arise in relation to offering improper of privileged services to any strata complex owner, employee, contractor, agent, or member of the Executive Committee;
the Tenderer, any related entity, or their respective officers, employees, agents and subcontractors, are not currently, and have not in the previous 10 years, been subject to or involved in any investigations, sanctions, court proceedings, audits and the like in relation to anti-competitive conduct, bribery, or corruption.
Evidence of Persistent and Deliberate Efforts to Ignore Fire Safety Issues by BCS Strata Management
Can be provided upon request.
Some of Many Attempts to Engage Financial Accounting Companies to Explain Their Auditing Reports
Can be provided upon request.
Lack of Actions by Strata Community Australia (NSW)
Number of attempts were made to engage Strata Community Australia (SCA NSW) to investigate BCS Strata Management. SCA NSW, after extensive delays where they took no actions, declined to review their member's conduct.
The correspondence with SCA NSW highlights the reasons for their silence.
SCA failed to respond again on 13 November 2016.
Strata Community Australia NSW declined to examine BCS Strata Management on grounds that they did not have approval by the Executive Committee to proceed. Check of who was/is on board of directors uncovered interesting connections with BCS.
It seems that nobody is aware of SCA ever penalizing their members for non-compliance with their own code of conduct.
Insurance Fraud Bureau of Australia (IFBA) does not investigate suspected insurance frauds themselves
Perverting the Course of Justice
In New South Wales, perverting the course of justice carries a maximum penalty of 14 years imprisonment. This offence involves obstructing, preventing, perverting or defeating the course of justice or the administration of the law.
The offence of Perverting the Course of Justice is contained in section 319 of the Crimes Act 1900 which states that a person who does any act, or makes any omission, intending in any way to pervert the course of justice, is liable to imprisonment for 14 years.
To find a person guilty of this offence the prosecution must prove each of the following matters beyond a reasonable doubt:
- That the accused did an act or made an omission,
- That they did so intent to pervert the course of justice.
Under federal law, there are serious consequences for a person who has been found to forge a signature. Under Section 144.1 of the Commonwealth Criminal Code Act 1995, there is a maximum penalty of ten years in jail for making a false document.
In addition, under section 145.1, if a person knowingly uses a forged document to induce a public official to accept it as genuine, they can face up to ten years' imprisonment.
The law says that "dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function" carries a penalty of up to ten years' jail.
Request Access to Strata (Mis)Management Evidence
There are very few references to strata management in Australia. And they are mostly painting affairs of people living together as amicable, easy-going that allowed alleged democratic processes to manage common property.
That would be nice, but reality is very different.
Once your details are verified, reason for request confirmed, access to more draft chapters (frameworks) of the book and other original documents can be provided. The best way to let owners, investors, and general public make an informed decision is by giving them proper information.