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.
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
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.
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- There is still an undelivered promise for complaint in strata plan SP52948 by Mr. Greg Nash, CEO, given in public forum on 9 December 2015:
- It is, however, very well known, and documented that majority of customers question BCS Strata Management ratings on website like ProductReview. Here is one of comments in March 2022, which BCS Strata Management did not refute or deny:
Such ratings are shown on this graph for period 2012 to May 2022:
Article was published at LinkedIn about this amazing pattern in July 2021 and BCS Strata Management never responded:
Power of simple graph with a story - BCS Strata Management ratings at ProductReview
- BCS Strata Management staff, directors and managers even refuse to co-operate with Police in investigations of their financial mismanagement and presentation of falsified evidence in Statutory Declaration to CTTT and Affidavit to District Court, and falsified evidence for four insurance claims:
For many years, BCS Strata Management has been approached by us to offer assistance, co-operate, and act with duty of care to help CTTT, NCAT, Fair Trading NSW, Office of Legal Services Commissioner, and Police - to no avail (most recent cases are their refusal to assist with NCAT case SC 20/33352, Office of Legal Services Commissioner case 56561, and Police Event E65804633).
CHOICE Shonkys Awards comments in April 2021, with original link CHOICE Shonkys Awards comments in April 2021
"BCS Strata Management - silence is not a valid defense for six years" - one of customer's serious complaints in ProductReview forum in April 2021 or as "BCS Strata Management - silence is not a valid defense for six years" PDF version
Some examples of how Pica Group managers and staff (parent company of BCS Strata Management) and BCS Strata Management managers and staff ignored persistent complaints and reports of serious mismanagement:
Pica-Group-and-BCS-Strata-Management-no-responses-to-complaints-SP52948
Over the years, the following FULLY PAID document searches at BCS Strata Management failed to gain access to strata files for SP52948, in spite of strata laws and regulations and fact that in most years Lot 158 was legally valid member of the committee:
16Nov2011 $154.00 Document search at BCS Strata Management
7Nov2012 $132.00 Document search at BCS Strata Management
28Feb2012 $72.00 Document search at CTTT
7Mar2013 $33.00 Document search at BCS Strata Management
11Mar2013 $172.80 Document search at BCS Strata Management
11Sep2013 $45.00 Document search at BCS Strata Management
15Oct2013 $45.00 Document search at BCS Strata Management
18Oct2013 $32.00 Document search at BCS Strata Management
16Feb2016 $164.80 Document search at BCS Strata Management
16Feb2016 $3.40 Document search at BCS Strata Management
- Publicly, BCS Strata Management (and their parent company Pica Group) allegedly provide full support for ProductReview website, but privately they send threats (without valid justification or grounds) to customers who provide negative comments about them.
Power of simple graph with a story - BCS Strata Management ratings at ProductReview.
Examples of BCS Strata Management lack of actions after their CEO and Managing Director made a public promise Greg-Nash-promise-to-investigate-BCS-Strata-Management-9Dec2915, but secretly engaged their staff to send threats and prevent public from knowing about their actions:
Instead-of-investigating-customer-complaints-BCS-Strata-Management-sent-unsubstantiated-threats
trying to prevent negative comments at productreview.com.au, whilst publicly claiming to support productreview.com.au, Google, and similar website forums (BCS Strata Management customer feedback guarantee)
BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-18Dec2015
BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-14Jan2016 and BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-part-2-14Jan2016
BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-23Jan2016 and BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-part-2-23Jan2016
BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-31Jan2016
BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-7Feb2016 and BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-part2-7Feb2016
Extract from Solicitor Adrian Mueller's secret email to Waratah Strata Management on 23 August 2017, showing full awareness of allegations of unpaid levies by several committe members
One of elements for investigations standing out: Solicitor Adrian Mueller's secret email to BCS Strata Management on 15 April 2013 to produce signed copy of Standard Costs Agreement backdated to 25 July 2012, which was lodged by Lot 158 in Police Event E65804633 for fraud which also included four insurance claims in amount above $24,000.00 for non-existent event, false statements prepared by Solicitor Adrian Mueller in Statutory Declaration by strata manager Peter Bone to CTTT, and false statements by strata manager Peter Bone in Affidavit to District Court. The secret email provides irrefutable evidence that Solicitor never received those files before 15 April 2013 and that he did not have copy of signed Standard Costs Agreement allegedly signed on 25 July 2012. In panic (due to CTTT's deadline to produce evidence by 19 April 2013), Solicitor Adrian Mueller also proposed organisation of committee meeting for 19 April 2013, which could not satisfy legal requirements for sending notices to owners:
- $851.56 was secretly spent on courier expenses for sending handful of files by Solicitor Adrian Mueller to CTTT on 19 April 2013 (one file is Solicitor's 4-page letter reference AM:DR:22012 dated 19 April 2013, and the other one is 73-page Statutory Declaration by strata manager Peter Bone, as fully prepared, written, and organised by Solicitor Adrian Mueller who charged owners corporation for the work):
- Solicitor Adrian Mueller's invoice 61223 dated 10 May 2013 contains details of frantic actions to prepare Statutory Declaration:
- In final Hearing in case SCS 12/32675 on 10 May 2013, apart from Solicitor Adrian Mueller who continued to claim he was legal to represent owners corporation, three members of Pica Group and BCS Strata Management attended (Mr. Peter Bone, Mr. Paul Banoob, and an unknown third person), without assisting Tribunal member and yet charging owners corporation for costs:
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SP52948-extract-from-strata-manager-Peter-Bone-submission-to-CTTT-in-Statutory-Declaration-19Apr2013
and version presented by Solicitor Adrian Mueller:
SP52948-extract-from-Solicitor-Adrian-Mueller-submission-to-CTTT-19Apr2013, and comparing them side-by-side:
- On 28 October 2014, Solicitor Adrian Mueller provided this secret advice to prevent owners to consider Fair Frading NSW free mediations instead of wasting money on legal costs:
- More drastic examples of legal costs:
- Strata managers, committee members, and Solicitor Adrian Mueller continuously engaged in preventing owners from having information about legal cases, as facsimile from 6 May 2013 shows:
Solicitor Adrian Mueller was not legal to represent owners corporation in CTTT case SCS 12/50460, but he also allegedly (by own admission) coerced CTTT to give him access to strata files and then secretly asked strata manager to approve his engagement in the case, which owners corporation never considered or allowed, as shown in redacted letter by Solicitor Adrian Mueller:
Solicitor Adrian Mueller had some unique memory lapse that he was made aware of CTTT case SCS 12/50460 as early as 19 October 2012 and that he was involved in preventing free mediation at Fair Trading NSW and initial stages of case throughout first half of 2013:
One week earlier, Lot 158, as always, attempted to have free mediation, in good faith, but BCS Strata Management ignored it and failed to notify owners:
SP52948-Lot-158-request-for-free-mediation-ignored-by-BCS-Strata-Management-10Oct2012
- Another example of how BCS Strata Management and committee members prevented owners from having information about CTTT case SCS 12/50737 on 16 October 2013:
SP52948-Lot-158-complaint-about-BCS-Strata-Management-hiding-CTTT-orders-in-case-SCS-12-50460-from-owners-24Apr2013. CTTT, without evidence, assumed that Solicitor Adrian Mueller was legal to repreente owners corporation in case SCS 12/50460 and also sent him warning about non-compliance:
SP52948-CTTT-SCS-12-50460-Non-compliance-order-for-Secretary-and-Solicitor-Adrian-Mueller-7May2013
- Some of evidence related to Solicitor Adrian Mueller:
NCAT-case-20/33352-Solicitor-Adrian-Mueller-illegal-representation-CTTT-SCS-12/32675
- Solicitor Adrian Mueller coerced CTTT in case SCS 12/32675 to justify his appointment to represent owners corporation through false statement about receiving signed copy of Standard Costs Agreement
NCAT-case-20/33352-Solicitor-Adrian-Mueller-illegal-representation-CTTT-SCS-12/50460
SP52948-Lot-158-uncovered-strata-files-destroyed-for-CTTT-and-District-Court-legal-files-10Aug2019
Committee members, Solicitor Adrian Mueller, and BCS Strata Management were offered simple resolution to avoid legal costs and risks due to false statements, which they ignored:
SP52948-BCS-Strata-Management-silently-refused-offer-to-settle-without-legal-cases-31Dec2013
BCS Strata Management declined this offer and instead proceeded with creation of falsified Affidavit to District Court:
BCS Strata Management to contribute $25,000.00 to Westmead Children's Hospital funds. They can be seen as a great donor for a good cause and even boast about their contribution in the media. Good publicity stunt for them, and making decent contribution to the society.
BCS Strata Management to pay back SP52948 owner $2,590.00 for unnecessary copy of the folders in file SCS 12/50460, which Solicitor Mr. Adrian Mueller took without valid grounds in May 2013.
BCS Strata Management to resign from the duties in the complex immediately (on whatever grounds they wish to present to owners). They can find a graceful way to say to owners that they wish not to continue providing services to SP52948 and that they will stay until the owners corporation completes a tender for the new agency (which we can organize for free through Strata Match, a company that even the CTTT uses).
Paperwork for making this legally binding for both parties, preserving total privacy (non-disclosure and non-repudiation), and closing the issues once for all can be made.
Solicitor Adrian Mueller involvement in Statutory Declaration for CTTT and Affidavit for District Court in 2013 and 2014, knowing of the consequence of false statements:
- On 5 March 2013, Lot 158 visited BCS Strata Management office as per S108 of SSMA 1996, and found most strata files missing, including alleged signed Standard Costs Agreement with Solicitor Adrian Mueller and agenda/minutes of alleged committee meeting dated 9 July 2012. Not even Strata Roll was available on the day. Evidence of initial payment for strata search
BCS-Strata-Management-invoice-to-Lot-158-for-SP52948-document-search-on-5Mar2013-which-found-no-evidence-of-signed-Standard-Costs-Agreement-with-Solicitor-Adrian-Mueller-email-correspondence-and-many-other-strata-documents-missing. After complaint about missing strata files, BCS Strata Management provided only Strata Roll three days later and charged $172.80 for it
SP52948-Lot-158-charged-extra-for-Strata-Roll-after-unsuccessful-document-search-8Mar2013
- BCS Strata Management, committee members, and Solicitor Adrian Mueller were fully aware of another repeated request from Log 158 to get evidence of proofs that Statutory Declaration by strata manager Peter Bone (prepared solely by Solicitor Adrian Mueller) was not based of fraudulent statements and forged emails:
SP52948-Moses-Levitt-aware-of-Lot-158-repeated-request-for-access-to-strata-documents-5Jun2013
Solicitor Adrian Mueller was warned to stop wasting owners corporation funds without approval and act in accordance with laws many times. One example:
SP52948-Lot-158-warning-to-Solicitor-Adrian-Mueller-to-withdraw-CTTT-case-12-32675-17Apr2013
- Since 2012, Solicitor Adrian Mueller has been actively involved in preventing owners to vote against his "rights" to represent owners corporation, protecting interests of few selected owners and strata managers, by ensuring that free mediations were not possible
Contents of the Motion
SP52948-Lot-158-Motion-for-improved-discpute-resolution-process-prevented-at-AGM-2012.
- In spite of delivering Motions ahead of time (deadline was 2 October 2012 at 09:00 hours, and the Motions were sent on 29 september 2012 at 21:22 hours), strata manager Peter Bone excluded them with excuse which he could not justify when questioned about it with evidence:
Owners were actively prevented by strata managers and committee members to have information about
BCS strata manager and committee members were warned about risks of lying to CTTT SP52948-BCS-Strata-Management-Peter-Bone-ignored-request-with-advanced-warning-about-misleading-CTTT-3Oct2012.
Solicitor Adrian Mueller was directly involved and secretly charged owners corporation for advice to prevent access to strata documents as shown in extract from his invice SP52948-Solicitor-Adrian-Mueller-secret-involvement-in-preventing-access-to-strata-documents-without-owner-corporation-approval-extract-from-invoice-60252-dated-6Mar2013.
Solicitor Adrian Mueller was not authorised to represent owners corporation at any general meeting and had no contract with owners corporation at the time:
SP52948-Lot-158-repeatedly-prevented-from-access-to-strata-records-4Feb2013 (by instructions to BCS Strata Management from Solicitor Adrian Mueller himself), in spite of Solicitor Adrian Mueller being fully aware of the following own published article:
Solicitor-Adrian-Mueller–published-information-about-right-to-inspect-privileged-documents-2Apr2013. Solicitor Adrian Mueller repeated that statement to BCS Strata Management on 30 August 2013:
SP52948-CTTT-12-32675-Final-response-Lot-158-against-Solicitor-Adrian-Mueller-legal-costs-14Mar2013.
Solicitor Adrian Mueller was fully aware that he had no evidence of being legally approved to represent SP52948 owners corporation since October 2012, and this file is one of proofs.
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Solicitor Adrian Mueller was fully aware of the summonses Lot 158 issued to four members of the committee and strata manager Mr. Peter Bone. Solicitor Adrian Mueller provide advice to ignore these requestes (and charged for the advice), continued to mislead CTTT by claiming he was legal repreentative of SP52948, and corced BCS Strata Management to make insurance claims for his costs.
NCAT-case-20/33352-SP52948-premeditated-plan-by-Solicitor-Adrian-Mueller-to-prevent-Applicant-Motions-and-disallow-owners-to-vote-at-AGM-2017. These are some of the Motions owners were prevented to discuss or vote on:
NCAT-case-20/33352-SP52948-Solicitor-Adrian-Mueller-provided-advice-to-prevent-Motions-by-Lot-158-to-be-listed-in-agenda-AGM-2017. Extract from agenda sent by Waratah Strata Management on 10 October 2017:
NCAT-case-20/33352-SP52948-premeditated-plan-by-Solicitor-Adrian-Mueller-to-prevent-Applicant-Motions-and-disallow-owners-to-vote-at-AGM-2018. These are Motions owners were prevented to discuss or vote on:
Lot 158 facsimile to CTTT on 19 October 2012 confirming that Solicitor Adrian Mueller lied the day earlier at the Hearing, effectively preventing Order 4 (issues with Special By-Law giving exclusive rights to Lot 3) to be considered by the Tribunal. Minutes of general meeting held several hours after the CTTT Hearing 18 October 2012 confirmed that Lot 3 owner was present in person at the meeting, whilst he allegedly could be at the CTTT Hearing "because he was overseas", according to Solicitor Adrian Mueller who argued that it would be unfair to Lot 3 to proceed with Order 4 because the Respondent was absent
SP52948-Solicitor-Adrian-Mueller-refusing-to-return-private-property-claiming-CTTT-support-14May2013.
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Solicitor Adrian Mueller attempted to use defamation threats as deterrent for Lot 158 (none of them achieved anything, never went to court, and forced settlement were never signed by Lot 158):
Lot 158 Motions at general meeting 2018, including request to force Solicitor Adrian Mueller to provide copies of files to Police in Event E65804633 were excluded by deliberate, orchestrated, and planned actions by Solicitor Adrian Mueller himself, as published in minutes of general meeting on 18 October 2018 (Motions 18 and 19).
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Lot 158 Motions at general meeting 2019, including request to force Solicitor Adrian Mueller to provide copies of files to Police in Event E65804633 were excluded by deliberate, orchestrated, and planned actions by
Solicitor Adrian Mueller himself, as published in minutes of general meeting on 21 October 2019 (Motions 9 and 16).
These are Motions owners did not ratify: NCAT-case-20/33352-SP52948-Solicitor-Adrian-Mueller-provided-advice-how-to-ensure-Motions-by-Lot-158-be-ignored-effectively-coercing-owners-to-vote-against-ratification-of-past-events-AGM-2019
NCAT-case-20/33352-Lot 158 Motions prevented at general meeting 2020
NCAT-case-20/33352-Lot 158 amendments for Motions prevented at general meeting 2020. One of crucial requests:
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Timeline of events for anonymous death threat in 2013:
Throughout February 2013, Solicitor Adrian Mueller was actively engaged in preventing access to strata documents, protecting own interests, exhibiting contempt of court (CTTT) in deliberate exercise with intent to interfere with the administration of justice SP52948-Solicitor-Adrian-Mueller-secret-involvement-in-preventing-access-to-strata-documents-without-owner-corporation-approval-extract-from-invoice-60252-dated-6Mar2013
On 24 February 2013 at 19:45 hours, Lot 158 sent email to strata manager Peter Bone with the subject line "ADVANCED NOTICE: Peter Bone will be issued with CTTT summons to produce documents on 25 February 2013": SP52948-advance-notice-to-strata-manager-Peter-Bone-about-CTTT-summonses-24Feb2013
Lot 158 submitted summonses on 25 February 2013 to CTTT, with updated version on 27 February 2013 (CTTT requsted the changes to the document): SP52948-Lot-158-summons-for-strata-manager-Peter-Bone-to-produce-documents-in-CTTT-case-SCS-12-32675-including-evidence-for-engagement-of-Solicitor-Adrian-Mueller-on-25Feb2013-with-updated-version-on-27Feb2013
Day after notice of issue of summonses to strata manager Peter Bone, there was an anonymous phone call to Lot 158 on 26 February 2013 (male voice) with clear instruction to stop CTTT cases or risk own life, with suggestion to disappear from complex. Threat "urging" Lot 158 to disappear from complex was reported to Police (and ignored by them) in Event E45617744 on 6 October 2011: SP52948-anonymous-letterbox-message-for-Lot-158-6Oct2011
Evidence that Solicitor Adrian Mueller knew about summonses for strata manager Peter Bone and was actively involved on 26 February 2013: SP52948-Solicitor-Adrian-Mueller-secret-involvement-in-preventing-issue-of-summonses-without-owner-corporation-approval-extract-from-invoice-60252-dated-6Mar2013.webp
Previous death threat (as usual, done via anonymous phone call): SP52948-CTTT-12-32675-Final-response-Lot-158-against-Solicitor-Adrian-Mueller-legal-costs-14Mar2013
12 Police events for stalking, harassment, intimidation, and threats against Lot 158 by few maintenance staff, few committee members, and some tenants in the complex
8 request to obtain access to CCTV recordings for stalking, harassment, intimidation, and threats against Lot 158 were silently ignored by Waratah Strata Management, committee members, and maintenance staff (even Police did not get access to them)
Attempts by Lot 158 to submit Motions about safety at general meetings were were silently ignored by Waratah Strata Management, committee members, and maintenance staff (as per recommendations by Solicitor Adrian Mueller in 2017)
Since 2013, Solicitor Adrian Mueller, committee members, and strata managers (BCS Strata Management, and Waratah Strata Management from 2017) were aware that Lot 158 received even anonymous death threats for attempts to enforce compliance with laws and equal rights for owners:
Submission to CTTT in case SCS 12/32675 on 14 March 2013). CTTT failed to respond or take serious actions to investigate
Hon. Anthony Roberts, Minister for Fair Trading NSW (reference FTMIN13/561) promised to investigate Lot 158 claims on 22 March 2013 (Tribunal member Mak Harrowell failed to comply with Minister's efforts)
Bamfield auditors were questioned about false accounting data for legal costs on 11 November 2013 (with warning about lack of their action causing potential harm to Lot 158). Bamfiled never repsonded in spite of obvious false accounting practices
Submission to CTTT in case 13/50737 with complaint about CTTT bias, including Tribunal member Thode ignoring death theat against Lot 158 at Directions Hearing on 15 November 2013 (it was attended by unfinancial committee member Mr. Moses Levitt, who later himself got involved in multiple attempts of intimidation, discrimination, and riducule of Lot 158). CTTT failed to respond or take serious actions to investigate
Police Event E65804633 (Solicitor Adrian Mueller withheld crucial information from Police and failed to assist the investigations) (Police then lost other evidence and withheld that information from Lot 158, who has copies of missing files)
Hon Matthew Kean MP, Minister for Innovation and Better Regulation NSW (reference MIN18/919) promised to investigate Lot 158 on 22 September 2017 through referral by MP Victor Dominello
For more than 24 years, owners have never received full accounting data. Here is an example of how BCS Strata Management refused to accept responsibility for poor accounting practices in 2012:
Over the years, the following FULLY PAID document searches failed to gain access to strata files, in spite of strata laws and regulations:
16Nov2011 $154.00 Document search at BCS Strata Management 7Nov2012 $132.00 Document search at BCS Strata Management 28Feb2012 $72.00 Document search at CTTT 7Mar2013 $33.00 Document search at BCS Strata Management 11Mar2013 $172.80 Document search at BCS Strata Management 11Sep2013 $45.00 Document search at BCS Strata Management 15Oct2013 $45.00 Document search at BCS Strata Management 18Oct2013 $32.00 Document search at BCS Strata Management 16Feb2016 $164.80 Document search at BCS Strata Management 16Feb2016 $3.40 Document search at BCS Strata Management 15Jun2017 $61.05 Document search at Waratah Strata Management 13Jun2019 $212.85 Document search at Waratah Strata Management 13Jun2019 $2.75 Document search at Waratah Strata Management 26Sep2019 $234.30 Document search at Waratah Strata Management 29Mar2020 $2,200.00 O’Brien Criminal & Civil Solicitors demand for strata files sent to Waratah Strata Management 27Jul2020 Request to committee members 31Jul2021 Request to committee members 21Oct2020 Request to Solicitor Adrian Mueller 19Jul2021 Request to Solicitor Adrian Mueller 27Oct2021 Request to committee members and Waratah Strata Management
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BCS Strata Management made two insurance claims for alleged "defence of Lot 3": $367.64 on 31 August 2012 $12,714.65 on 7 December 2012 Two more claims were paid by CHU insurance for "defence of Lot 3" on: $1,320.00 on 26 April 2013 $10.517.02 on 4 June 2013 ... totalling: $24,919.31.
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BCS Strata Management withheld that information from owners and took no action.
Waratah Strata Management withheld that information from owners and took no action until 23 March 2017, when they repayed the CHU Insurance claim but failed to give owners the full details of the CTTT case and risks.
The insurance claims in 2012 and 2013 started just several weeks after SP52948-secret-insurance-policy-change-for-legal-defence-without-owners-corporation-knowledge-1Aug2012.
BCS Strata Management made these secret efforst in compliance with Solicitor-Adrian-Mueller-suggesting-to-BCS-Strata-Management-to-use-insurance-claims-for-his-legal-costs-2Jul2012
Lack of funds in Admin Fund are kept secret from owners on number of occassions by BCS Strata Management and Waratah Strata Management:
SP52948-secret-cash-advance-from-Pica-Group-paid-seven-months-later-cheque-date-25Mar2015. BCS Strata Management took extreme step to prevent Lot 158 Motion about it at AGM 2016: SP52948-BCS-Strata-Management-failed-to-include-Motion-for-secret-cash-advance-from-Pica-Group-AGM-2016. Extract from accounting data:
SP52948-PICA-Creditor-Code-90906-undisclosed-cash-advance-repayment-25Mar2015
SP52948-Issues-to-be-dealt-with-at-next-EC-Meeting-ignored-by-BCS-Strata-Management-Jul2015
Sinking Fund plan in 1998 was never provided to owners by previous strata managers
BCS Strata Management (who joined this complex in 1999) continued with the same practice - they kept 10-Year Sinking fund undisclosed to owners for six years and in 2011 BCS Strata Management admitted not even having a copy of the document
- Lack of proper collection of levies and their collection started creating balance sheet issues:
- Kept secret from owners on number of occassions by BCS Strata Management and Waratah Strata Management:
- SP52948-secret-cash-advance-from-Pica-Group-paid-seven-months-later-cheque-date-25Mar2015. BCS Strata Management took extreme step to prevent Lot 158 Motion about it at AGM 2016: SP52948-BCS-Strata-Management-failed-to-include-Motion-for-secret-cash-advance-from-Pica-Group-AGM-2016. Extract from accounting data: SP52948-PICA-Creditor-Code-90906-undisclosed-cash-advance-repayment-25Mar2015
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BCS Strata Management and Waratah Strata Management - dozen different versions for unpaid gas heating levies whilst allowing such owners to vote and be elected on committee - extract from committee meetings and strata files in period 1999 to 2021
SP52948-Lot-181-failed-to-produce-evidence-for-gas-heating-levy-payments-8Jun2015
Would a reasonable person find these problems to be disturbing and serious:
SP52948-serious-threats-to-Lot-158-due-to-strata-mismanagement-investigations-Nov2021
Since 2010, when Lot 158 uncovered complex mismanagement issues, attacks against the family were persistent and deliberate. The sheer hatred of Lot 148 by committee members, strata managers, and some of maintenance staff is on display in, now deceased, committee member Mrs. Elizabeth Saulit's submission to CTTT on 14 February 2011:
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Solicitor Adrian Mueller's Standard Costs Agreement with Solicitor Adrian Mueller had no signature on behalf of SP52948 when BCS Strata Management initiated official insurance claims for legal costs in spite of CHU Insurance warnings about high risks on 28 August 2012:
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Solicitor Adrian Mueller provided his Standard Costs Agreement which had no signature on behalf of SP52948 to CTTT on 29 January 2013 and Lot 158 complaint to CTTT about Solicitor Adrian Mueller not providing any files by due date on
28 January 2013):
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BCS Strata Management Paul Banoob signature on behalf of SP52948 on Solicitor Adrian Mueller's Standard Costs Agreement backdated to 17 July 2012 but actually created on 16 April 2013 after CTTT hearing request for proof that Solicitor Adrian Mueller had been legally engaged since 2012 - PDF metadata in this document shows that the creation date was
16 April 2013:
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Solicitor's Adrian Mueller Standard Costs Agreement with signature on behalf of SP52948 in Statutory Declaration prepared by Solicitor Adrian Mueller for BCS Strata Management Peter Bone to CTTT on 19 April 2013:
The Standard Costs Agreement had to be sent to all owners within seven days after disclosure, as per Strata Schemes Management Act 1996, "230A Disclosure of matters relating to legal costs"
Even insurance broker complained about legal costs not related to CTTT case, but that information was hiiden from owners, CTTT, and District Court by Solicitor Adrian Mueller, BCS Strata Management, and committee members:
- Some of the attempts for free and open-minded mediations and hearings at Fair Trading NSW and CTTT/NCAT were REJECTED and IGNORED by BCS Strata Management and committee members. Instead, they resorted to using Solicitor Adrian Mueller without proper owners corporation approval, at very high costs so far, and risk more complex litigation due to suspected insurance frauds, unfinancial owners being allowed on the Executive Committee, misappropriation of common funds without special resolutions and special by-laws, suspected false statements to CTTT (now NCAT), Fair Trading NSW, and District Court, suspected false statements in Statutory Declaration, and much more:
CTTT SCS 12/32675 CTTT SCS 12/50450 CTTT SCS 12/50460 CTTT SCS SCS 13/50737 SM11/1348DR SM12/1537JR SM15/1226RH 00351498 Fair Trading NSW 5953035 Fair Trading NSW 6536692 Fair Trading NSW 7563482 Fair Trading NSW 7938059 NCAT SC 20/22252
We made many attempts to reason with EC members and the service providers to provide evidence to all owners that they were not involved in any kind of mismanagement and show that our statements were not factual if such evidence exists. Service providers refused to do it.In reality, there are three conditions that, when present in varying degrees, increase the risk of fraud and need to be verified if suspicions exist (whenever strata managers asked for files, either access was either rejected, or the files that were obtained showed proofs to be strongly concerned and worried):
(1) the pressure to commit fraud,
(2) the opportunity to commit fraud, and
(3) the rationalization of committing the fraud.
