BCS Strata Management Evidence of Persistent Poor Services

This is a site dedicated to Raine and Horne Strata Sydney (now trading as BCS, acquired by BCS Strata Management in late 2010), and Waratah Strata Management (whose main staff managing SP52948 were employees of BCS Strata Management and Pica Group (parent company of BCS Strata Management)).

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:

  1. Greg-Freeman-silent-about-BCS-Strata-Management-poor-management-of-Strata-Plan-52948-Illegal-EC-meeting-on-20Apr2016-and-UPDATED-SUBMISSION-SP52948-Motions-for-AGM-or-EGM-2016-14May2016
  2. REQUEST-from-SP52948-Owner-Forward-Document-to-Pica-Group-Managing-Director-Mr-Greg-Nash-on-12Nov2016
  3. UPDATED-REQUEST-Forward-documents-to-Pica-Group-Managing-Director-Mr-Greg-Nash-and-process-Motions-for-AGM-or-EGM-2017-on-21Dec2016
  4. BCS Strata Management failed to include Motion about alleged investigations by Pica Group at AGM in October 2016
  5. BCS Strata Management failed to include Motion about secret cash advance from Pica Group in 2014 at AGM in October 2016
This was published first time on ProductReview website on 17 November 2014:
  1. BCS-Strata-Management-owners-complaint-productreview-website-part-1-17Nov2014
  2. BCS staff did not reply or attend to any of many issues until 9 December 2015 (one year and one month later) when Managing Director a nd CEO of Pica Group (or staff on his behalf) promised to investigate claims:

    Greg-Nash-promise-investigate-BCS-Strata-Management-9Dec2915

  3. On 18 December 2015 I forced document search (SSMA 1996 S108), which, for the fifth year in a row, showed that BCS Strata Management refused to provide access to financial files and other strata documents. Branch Manager refused to come out to hear my complaint (he was hiding behind desks in the back of the room at Epping office). In front of Strata Manager, I called office of Managing Director a nd CEO of Pica Group and left voice mail:

    BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-18Dec2015

  4. Nothing happened until 14 January 2016, when somebody on behalf of BCS Strata Management published in this forum that they attempted to contact me and I was "unavailable". This was my response with challenge to prove any communication with me:

    BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-14Jan2016

  5. My further evidence offered on 23 January 2016. No response from BCS Strata Management or Pica Group:

    BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-23Jan2016

  6. More evidence from me on 31 January 2016. No response from BCS Strata Management or Pica Group:

    BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-31Jan2016

  7. ... and even more evidence on 7 February 2016. No response from BCS Strata Management or Pica Group:

    BCS-Strata-Management-owner-challenge-to-Greg-Nash-and-Pica-Group-7Feb2016

    BCS-Strata-Management-false-statements-at-ProductReview-and-absolute-lack-of-customer-service-for-Strata-Plan-SP52948

  8. COO of BCS Strata Management in NSW refused to reply more than 50 times over two years:

    COO-BCS-Strata-Management-NSW-Persistent-Silence-Lack-of-Actions-2014-2016

  9. These are emails sent to BCS Strata Management staff and managers over three years. No actions followed by them. They contain repeated pleas to manage the complex in accordance with laws and with duty of care:

    Pica-Group-and-BCS-Strata-Management-silence-to-respond-to-complaints-and-proven-mismanagement-issues-for-Strata-Plan-52948

  10. Evidence of how BCS Strata Management handles customer's enquiries and complaints (receive them but no replies):

    SP52948-BCS-Strata-Management-Examples-of-Staff-Receiving-Complaints-and-Not-Responding

SP52948 even started taking cash advances from BCS parent company PICA without knowledge of owners corporation in August 2014. Not only that has not been disclosed to owners corporation (even at AGM in November 2014), but PICA was repaid six months later. 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.

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.

In 2011, Mr. Freeman and one EC member alone "negotiated" renewal of BCS contract, where they "offered" discount which Mr. Freeman called loyalty rebate. Not only that rebate never occurred and owners corporation received no benefit from it, but there was no tender for the contract.

Companies like BCS need sound internal controls, as well as ethics and compliance measures to prevent and detect mismanagement.

Actions by BCS Strata Management directly add significant costs to business:

Seven attempts for mediation at Department of Fair Trading were declined by BCS Strata Management and DFT failed to take any action:

Three CTTT cases were dismissed on grounds of excessive evidence that was not even read or analysed (over 3,000 pages of evidence provided to CTTT whilst BCS Strata Management provided none)! In one of the CTTT cases, Strata Manager from BCS Strata Management even provided misleading and deliberately misconcieved statements in the Statutory Declaration, a criminal offence in accordance with the Section 11 of the Statutory Declarations Act 1959 (a person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years, Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959).

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.

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.

Request Access to BCS Strata Management Evidence

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 make an informed decision is by giving proper information.