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From: | SP52948 owner |
---|---|
To: | Peter Bone BCS Strata Management |
CC: | Paul Banoob BCS Strata Management, Bruce Copland, Stan Pogorelsky, Moses Levitt, Jeffery Wang, Maureen McDonald |
Subject: | RE: REQUEST FOR EXTRAORDINARY GENERAL MEETING AND URGENT NOTIFICATION FOR OWNERS: False statements by the Solicitor and high unnecessary expenses - 9 May 2013 |
Date: | 14/5/13, 7:00 pm |
Strata Schemes Management Act 1996 No 138
Schedule 2 Meetings and procedure of owners corporation
Part 2 Provisions relating to procedure for meetings
Division 3 Special provisions relating to procedure for meetings other than first annual general meeting
31 When general meetings of owners corporation are required to be held
(1) An annual general meeting of an owners corporation must be held in each year:
(a) on a date not earlier than one month before and not later than one month after each anniversary of the first annual general meeting, or
(b) if the Adjudicator has made an order under section 152 varying the time at which the meeting must be held, in accordance with the order.
(2) A general meeting of an owners corporation (in this clause referred to as an extraordinary general meeting), which is not an annual general meeting, may be convened by the executive committee at any time.
(3) The secretary of an executive committee or, in the secretary’s absence, any member of the executive committee must convene an extraordinary general meeting as soon as practicable after receiving a requisition for such a meeting signed by one or more persons entitled to vote in respect of one or more lots, the unit entitlement or the sum of the unit entitlements of which is at least one-quarter of the aggregate unit entitlements.
Peter Bone
From: SP52948 owner
Sent: Thursday, 9 May 2013 6:09 PM
To: Peter Bone; Paul Banoob
Cc: Bruce Copland, Stan Pogorelsky, Moses Levitt, Maureen McDonald, Jeffery Wang
Subject: REQUEST FOR EXTRAORDINARY GENERAL MEETING AND URGENT NOTIFICATION FOR OWNERS: False statements by the Solicitor and high unnecessary expenses - 9 May 2013
Hello,
Earlier today I received a letter from the Solicitor Mr. Adrian Mueller, who already spent more than $20,000.00 of our money in case SCS 12/32675 to represent the owners corporation in the new case SCS 12/50460.
The cost agreement offer is dated 6 May 2013.
With the powers vested in me through proxies given at the AGM 2013, and other owners who will be nameless at the present time, you are requested to organize an Extraordinary General Meeting as a matter of urgency (note that 13 Motions I logged in late January 2013 are waiting for that meeting whenever it happens).
The owners will have a chance to verify the facts and make decisions to AVOID WASTING MONEY ON LEGAL COSTS. Any member of the EC who is against the general meeting can only decline to support an open meeting because of hidden agendas.
In addition, all owners must be notified by the Strata Manager and the EC about the following immediately:
a) The Solicitor provided false statement to the Department of Fair Trading on 6 March 2013 in which he claimed to represent the owners corporation in case SCS 12/50460 (letter enclosed herewith).
Solicitor Mr. Adrian Mueller acted against the Legal Profession Act 2004 and his only goal is to make money for himself and defend a group of members of the EC (one current member is excluded because he did not engage in any of the meetings since the AGM 2012).
b) Solicitor Mr. Adrian Mueller even charged the owners corporation for some "work" done in case SCS 12/50460 before he was authorized to do so (refer to the attachment dated 6 March 2013).
c) Solicitor Mr. Adrian Mueller made a copy of the "original" offer for cost agreement in case SCS 12/32675 that he sent to the Strata Manager on 16 July 2012 and only changed the date for a new "offer" - 6 May 2013.
d) The Solicitor's engagement in case SCS 12/50460 was questioned three times:
* During the Department of Fair Trading mediation attempt in file DFT SM12/1537JR on 7 March 2013
* Submitted to the CTTT in File SCS 12/32675 on 14 March 2013
* Submitted on the CTTT in File SCS 12/50460 on 6 May 2013
The last one finally made the Solicitor to rush into creating a new cost agreement and offer the owners to allow him to represent the complex again.
d) The total current costs and estimates, including the new offer, would go up to above $32,000.00.
These kind of expenses must go to the general meeting.
e) Solicitor Mr. Adrian Mueller provided false statement in his latest letter to the CTTT and owners on 6 May 2013 by stating that he never knew about case SCS 12/50460 before 24 April 2013.
The case was opened by me on 5 October 2012 and the EC members, Strata Manager and the Solicitor knew about it immediately (see attachments for 10 October 2012 and 19 October 2012). I have more evidence for later.
Therefore, the Solicitor Mr. Adrian Mueller deceived the CTTT and the owners corporation by providing false statements again.
f) For the previous contract with the Solicitor, the EC made a decision before the cost agreement was given to them, at an illegal meeting that was not announced to owners and no minutes provided within seven days after the meetingand no cost agreement provided to owners within seven days after the Solicitor produced it on 16 July 2012.
g) Some of issues with the alleged EC meeting held on 9 July 2012:
SSMA 1996Schedule 3 Part 2 Section 7 Clause 1 and 2
SSMA 1996 Schedule 3 Part 2 Section 6 Clause 3
SMA 1996 Schedule 3 Part 2 Section 6 Clause 1 and 4
SSMA 1996 Schedule 3 Part 2 Section 11 Clause 2
SSMA 1996 Part 3 Section 22 Clause a and b
SSMA 1996 Schedule 3 Part 2 Section 16
SSMA 1996 Section 102
and others
h) How bad the Strata Agency is, shows the fact that they forged the six-monthly balance sheet for period 1 September 2012 and 28 February 2013. In the first version, they listed the legal costs as low as $200.00 but failed to include Solicitor's invoice on 15 November 2012 in the amount of $13,986.12.
This is very serious non-compliance with the Property, Stock and Business Agents Regulation 2003, Regulation 39
I asked the Strata Manager to explain this terrible and deliberate error in the balance sheet on 14 march 2013 and never got a reply. But, they silently corrected it later on...
See the two attachments.
I have much, much more as evidence.
Members of the EC and the Strata Manager - the ball is in your court!
You cannot make a decision to spend money on the legal fees without a general meeting now.
I will notify the CTTT about the false statements by the Solicitor tomorrow.