Investigative Journalism and Learning Hub - BCS Strata Management Failed to Notify SP52948 Owners About Non-compliance with CTTT Orders in Case SCS 12/50460 on 24 April 2013

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From: SP52948 owner
To: Peter Bone BCS Strata Management
CC: Upali Aranwela, Bruce Copland, Stan Pogorelsky, Genelle Goodbe, Raphael Hirschhorn, John Ward, Moses Levitt, Jeffery Wang, Joanna Hessink, Maureen McDonald
Subject: NQUIRY: Why did you fail to notify owners about non-compliance with the CTTT orders in Case SCS 12/50460 on 24 April 2013
Date: 8/5/13, 9:07 pm

Hello,

Bcc: owners in the complex who did not object to my documents so far (any owner who wishes not to receive my messages is free to ask me to remove them from the list, which I will do immediately)

After two-week business travel overseas and interstate, I am back and ready for Hearing in case SCS 12/32675 this Friday, 10 May 2013 (you failed to notify owners about it too).

On 24 April 2013 you received the CTTT's orders to tell owners about new case SCS 12/50460, which I opened before the Annual General Meeting on 5 October 2012 (two weeks before the meeting).

How bad the AGM 2012 was, shows the fact that the EC members even resorted to fraudulent proxy paper which was secretly given to certain owners (examples enclosed herewith). This evidence is public, so it can be and should be shown to all owners in the complex and will be used in a criminal case.

As per CTTT's orders, it was compulsory to put their letter on the notice boards and also send a copy to each owner on the strata roll immediately. You failed to do it for two weeks, and based on my submission to the CTTT on Monday, 6 May 2013, you finally made the "right" move - not because you wanted to do it but because I forced you.

a) Please provide evidence, who, and with what authority, approved that you treat owners in the complex with such ignorance and poor business attitude (in addition to ignoring the official orders by the CTTT). If you do not provide any response I will assume that you made such decision on your own (or with approval of your supervisor) and will use it in further submission to the CTTT in case SCS 12/50460 next week.

Why did you wait for two weeks before notifying owners and putting the CTTT letter on the notice boards yesterday and thus preventing owners from having more time to investigate what I am trying to achieve in the complex?

b) In addition, why did you fail to present the CTTT's warning about your non-compliance with their orders yesterday or today (that letter is enclosed herewith)?

Just in last 10 months, the owners in SP52948 received no information or notices about the following:

CTTT Directions Hearing in File SCS 12/32675 on 8thof August 2012

CTTT non-compliance warning to Solicitor Adrian Mueller in File SCS 12/32675 on 17 September 2012

CTTT non-compliance warning to Solicitor Adrian Mueller in File SCS 12/32675 on 9 October 2012

Non-compliance with extension to submit evidence upon Solicitor Adrian Mueller's own request on 19 September 2012

CTTT Rehearing Orders in File SCS 12/32675 issued on 17 December 2012

Failed Mediation in DFT File SM12/1537JR in January and February 2013

CTTT Hearing in File SCS 12/32675 on 15 April 2013

CTTT Hearing in File SCS 12/32675 scheduled for 10 May 2013

CTTT notice on submissions in File SCS 1/50460 issued on 24 April 2013

c) Finally, you have to provide full evidence that the owners corporation legally approved engagement of Solicitor Adrian Mueller in new CTTT case SCS 12/50460 (disclosure and estimate in accordance with the Legal Profession Act 2004, and Cost Agreement that would had to be approved at a general or properly-convened EC meeting and then distributed to owners within SEVEN DAYS).

I duly report that the issue of Solicitor Adrian Mueller's engagement in SCS 12/50460 was officially tabled by me during the Department of Fair Trading mediation attempt in file DFT on 7thof March 2013 (sent to Rebecca Gleeson), and also submitted to the CTTT in File SCS 12/32675 on 14 March 2013. So far, the EC and the Strata Manager have been silent.

Your lack of action means you are SPENDING MONEY OF OWNERS WITHOUT APPROVAL.

If you do not provide any response I will assume that you made such decision on your own (or with approval of your supervisor) and will use it in further submission to the CTTT in case SCS 12/50460 next week.

You seem to forget that you are an EMPLOYEE of Strata Plan 52948 and that all owners have equal rights because they PAY FOR YOUR SALARY and HIGH RETAINER (probably something like 7-8 % of the total levies collected) - not the owner way around.

If you have any issue with what I am saying, you are welcome to contact me. I am CC-ing your Branch Manager too. Good manager would certainly address it immediately.

You are given time till Friday afternoon this week to respond.

I hope to see you at the Hearing in case SCS 12/32675 this Friday morning.