Waratah Strata Management allegedly won the contract for SP52948 at AGM in October 2016 without valid tender process and without ANY tender at AGM in October 2017, and their contract was signed by two EC members who were/are UNFINANCIAL to vote and represent owners corporation due to unpaid full levies for second gas connection in their lots since 1999. How much Waratah Strata Management and EC members, supported by Solicitor Mr. Adrian Mueller, want to prevent owners to know about mismanagement of the complex shows this link with photos of Motions they disabled without VALID legal reason for AGM on 26 October 2017:
Disabled owner's Motions about Waratah Strata Management contract with SP52948 for AGM 2017
Disabled owner's Motions for AGM 2017
Similar happened in 2016 and previous years:
Disabled owner's Motions for AGM 2016
BCS Strata Management is a strata management agency in Australia, which has been involved in management of large strata complex Macquarie Gardens (218 owners) at Macquarie Park of Sydney for over 15 years. Since 2011, six strata managers were replaced as unsuitable for this complex and three branch managers were changed, to no avail. Their misconduct is serious, deliberate and repeated. Its practices, demands and threats are deliberate, orchestrated and relentless. Its conduct is contrary to conscience.
Here is an extract from last (seventh) Strata Manager for SP52948 from BCS Strata Management in direct email to me on 4 January 2017:
I know you might think you are a nobody sometimes because everyone always ignores your views and complaints and they speak down to you like you are a peasant, but I think that you are special and I think you are a very thoughtful, wise and brilliant man. I would never listen to other people if they said things like that about you. I think your website shows your dedication... I know your superior intellect will lead you to the right decision...
Latest update: Minutes of EC meeting, held with new strata agency Waratah Strata Management (took office from BCS Strata Management on 1 February 2017) for my complex on 16 March 2017, confirmed that BCS Strata Management made insurance claims with CHU Insurance in 2012/2013 and that after four years, CHU Insurance believes the claims to be unjustified. Undisclosed details of CHU Insurance reimbursements in 2012/2013 Visit to Waratah Strata Management finally obtained my access to some (not all) strata files and uncovered secret and incomplete payments by number of EC members and owners for second gas connections, making them unfinancial to vote at general meetings: SP52948-second-gas-connection-levies-snippets-public-Jul2017.pdf Strata managing agent from BCS Strata Management received the letter of demand on 19 October 2016 at 12:34 PM from lawyers representing CHU Insurance in time for Annual General Meeting the same evening: QUOTE As CHU has paid all the legal expenses it would like the OC to refund the $8,800.00 that it recovered from an owner. I understand the AGM is this evening so I though it best to get the information to you as quickly as possible. END QUOTE No information was shared with owners corporation that evening. Strata managing agent and Branch Manager, who both attended the AGM the same evening, withheld this crucial information from owners. Lawyers for CHU Insurance again contacted BCS Strata Management on 11 January 2017 asking for an update. This information was not disclosed to owners at any time before agenda of the EC meeting was sent at the beginning of March 2017. The Minutes of EC meeting on 16 March 2017 confirmed that owners corporation has to pay back to the insurance company: QUOTE CHU Insurance have requested and are entitled to receive these funds. Resolved the strata manager is to pay $8,800.00 to CHU Insurance. END QUOTE Some example of how general meetings were conducted. No comments are necessary: SP52948 quorum calculation for Annual General Meeting held on 17 October 2012.
SP52948 quorum calculation for Annual General Meeting held on 23 October 2013.
SP52948 quorum calculation for Extraordinary General Meeting held on 4 December 2013.
SP52948 quorum calculation for Annual General Meeting held on 26 November 2014. Lot more is still not shared with owners, including the fact that four insurance claims were made for non-existent CTTT case, secretly confirmed to CTTT by Solicitor Mr. Adrian Mueller (but not dislsoed to owners even after five years yet):
Draft version of the chapters from the book about Macquarie Gardens' experiences with BCS Strata Management.
Photos showing mismanagement of complex facilities by BCS Strata Management.
Attempts of bullying and selective racial discrimination are part of BCS Strata Management portfolio:
This is not the only complex having problems with BCS:
For more than two years even public complaint at ProductReview website has been ignored by BCS Strata Management and their parent company Pica Group. Latest requests in May, November and December 2016 were ignored by BCS Strata Management staff:
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.
Miraculously, BCS Strata Management "won" the contract at AGM in November 2014. Member of the EC, who was allegedly involved in tendering for the Strata Manager's contract renewal (but failed to provide any evidence to owners corporation), silently sold his property in the complex and left in March 2015.
Their maintenance is below expected standards.
More than 50 reports of misconduct were sent to COO of NSW BCS Strata Management Mr. Greg Freeman - no response was ever received or action taken.
Seven attempts for mediation at Department of Fair Trading were declined by BCS Strata Management and DFT failed to take any action:
How serious false statements can be shows a case at Parramatta Local Court on Friday 22 July 2011, when Sam Cohen was convicted of lying at CTTT. The criminal offense carries 12 months imprisonment and/or a fine of up to $5,500.
Consumer Trader And Tenancy Tribunal Act (CTTT) 2001 - SECT 71 False or misleading statements:
A person must not: (a) in any proceedings, or (b) in any application under this Act, provide any information, or make any statement, to the Tribunal, Chairperson or Registrar knowing that the information or statement is false or misleading in a material respect.
The members of the Executive Committee and BCS Strata Management are directly responsible for acting against other sections of the Criminal Act:
Section 316 of the Crimes Act 1900 (NSW) makes the knowing concealment of information relating to a "serious indictable offence" a crime punishable by up to 2 years imprisonment.
Section 4 of that Act defines "serious indictable offence" to mean an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more. Subject to certain exclusions this generally includes the fraud offences in Part 4AA of that Act as well as stealing and similar offences in Part 4.
Section 316(1) provides:
(1) If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years.
The following Strata and Branch Managers from Raine and Horne Strata Sydney and BCS Strata Management have been involved in management of this large strata complex.
It is hoped every single owner and law-abiding person will consider using BCS Strata Management as their service provider by checking some facts firstly and make own conclusions. These are the facts and it is up to each person to decide how to interpret them.
Before the AGM 2014 in November 2014, in spite of fully paid SSMA 1996 S108 for access to strata documents, current Strata Manager, with full knowledge of all senior managers at BCS, and full support fo members of the Executive Committee, declined to provide full financial statements, bank account receipts, and 12 other strata documents. And that happened in the same manner for the last several years. The Strata Manager, upon advice from the Branch Manager who hid behind the separator, even offered to reimburse the owner for not providing access to the documents!?
The only document ever given to owners is one-page balance sheet at general meetings, riddled with financial errors and prepared by single EC member. For FY 2014, more than $50,000.00 was wrongly listed, with incorrect financial figures, or hidden expenses in the balance sheet. Owners are not allowed to receive full financial statements, which is unique to this complex.
Attempts to engage BCS managers at all levels to comply with Australian laws failed and no responses were ever received. The following are examples of BCS Strata Management non-compliance with Laws and Code of Conduct.