NEWS
Check this page to see any new items posted in the last 3 months or go to CHRONOLOGY
1 November 2024 - first noticed by an Owner visiting the Property IQ portal that Ashley Gale had been appointed to the committee.
Again, Quays Owners yet to be advised of this appointment by the committee.
28 October 2024 - Lindsay Gray resigns from the committee.
Quays Owners yet to be advised of this resignation by the committee.
28 October 2024 - Minutes of Committee Meeting held 8 October 2024 - issued by Stansure. (Doc-Ref 800C)
NB: Committee Meetings have been scheduled for: 26/11/2024, 28/1/2025 & 29/4/2025 - all to commence at 5:30pm.
28 October 2024 - the below mentioned VOCM Minutes were amended (Doc-Ref 700V6A-1)
20 August 2024 - At a VOCM held on 9/8/2024 motion 2 was recorded as carried but with only 2 votes from 4 eligible voters present. This was a repeat of the two errors made at a VOCM held on 29/1/2024 when Motions 2 & 8 were also recorded as carried, but again with only 2 votes from 4 eligible voters present. Common sense & the Regulation tell us that - 2 is not a majority of 4.
While revised minutes were issued in regard to the 29/1/2024 VOCMs, albeit without any explanation or indication of what had been changed or why.
We are yet to see the error made on 9/8/2024 changed, reversed or otherwise corrected.
Please attached correspondence. (Doc-Ref 700V6B)
7 August 2024 - ADD to Committee re VOCMs 19/7/2024: duplicated motions, 4 & 10; incomplete pricing, motion 6; missing specified format plan needed in order to approve motion 8. These errors occurred in both the agenda and minutes. See attached emails (Doc-Ref 700V5B)
| 4 June 2024 - ADD to Owners - re errors with Financials; Levy Calculations; the "Special Levy"; major concerns. Please see attached email and pdf binder. (Doc-Ref 700Z3) |
| 3 June 2024 - Minutes of VOCM "meeting" held 31/5/2024 - issued by Stansure. Motion 5 - still no location, Lot or Address for the "complex" given for this spend of $3,379.20 on emergency lighting, despite my requests for same. (Doc-Ref 700V4A) |
14/5/2024 - Email exchange with the committee re annual accounts. Despite once again listing every item that did not comply with the Act and/or the Regulation and/or accounting standards - the committee proceeded with these financials, budgets & levies in full knowledge of the errors, breaches and shortcomings contained therein and without investigating, checking or responding to the Owner's queries. (Doc-Ref 700Z2)
1/5/2024 - Email exchange with the Treasurer, Lorraine Newlyn who misunderstood the points raised and to which financial year they referred in my below email. She also incorrectly stated the date of the committee budget meeting as 30 March 2024 i/o 30 April 2024; and, inexplicably, Ms Newlyn stated: "There is absolute evidence from our qualified and approved auditor that everything is as it should be - a complete audit confirmed by email sent on 29 April 24 to the Body Corporate Manager."
Unfortunately, if you read the two highlighted areas of the auditor's letters (attached as Doc-Ref 700Z4) you will see the absolute reverse - there are in fact two qualifications!
I again implored the committee to seek financial advice independent of Stansure. (Doc-Ref 700Y1)
1/5/2024 - I emailed the committee imploring them not to repeat last year's mistakes re - levy calculations, budgets and annual accounts. Suggest they seek financial advice independent of Stansure.(Doc-Ref 700Y)
22/4/2024 - I emailed the Committee - why have we had 6 VOCMs and only 2 Committee Meetings since the last AGM? Why did we have a ridiculously small Special Levy? Why is our Sinking Fund grossly underfunded?
After-note: Not just me saying this - it was mentioned by the auditor in her management letter of 29/4/2024. (Doc-Ref 600V and Doc-Ref 600V1)
Minutes of VOCM Motions meeting held on 20/3/2024 - issued by Stansure on 27/3/2024.
See attached (Doc-Ref 700V)
---------------------------------------------------------------posted 27 March 2024---------------------------------------------------------------------
Minutes of VOCM Motions meeting held on 29/1/2024 - as amended & received 22/2/2024.
I have today written to Stansure and the committee indicating that Stansure have been unhelpful, uninformative and unprofessional in sending out amended minutes with no indication of the changes made and no explanation as to why the changes were necessary.
FYI - the voting record for motions 2 & 8 was changed. See attached Doc-Ref 700U1-2
---------------------------------------------------------------posted 23 February 2024---------------------------------------------------------------------
INSURANCE - see the latest Quays buildings insurance valuation issued 6/2/2024. Doc-Ref 600Z
-------------------------------------------- posted 21 February 2024 -----------------------------------------------------------------
Minutes of VOCM Motions meeting held on 29/1/2024 (v1 received 9/2/24). See attached Doc-Ref 700U1
The good news - it was noted that an owner on the committee (Lot 3098 - Kaye Glover) was not financial - probably forgot to pay the ridiculous $100 special levy!
The bad news 1 - it was noted that an owner on the committee (Lot 3100 - Lorraine Newlyn) chose not to vote on motions 2, 4, 6 & 8. No explanation was offered.
The bad news 2 - as a result of 1 above, motions 2 & 8 received only two YES votes but were recorded as "Carried". Last time I checked 2 votes out of 4 eligible votes was not a majority.
(There are many references on the web regarding the numbers required to pass a motion - see: Qld Gov, Smart Strata, Flatchat, abcm.com and of course s56 of the BCCM (Accommodation Module) Regulation 2020.)
-------------------------------------------- posted 10 February 2024 -----------------------------------------------------------------
VOCM to be held 29/1/2024. See attached agenda Doc-Ref 700U
-------------------------------------------- posted 16 January 2024 -----------------------------------------------------------------
THE SPECIAL LEVY - more wrong than right. Read the facts about this ridiculous special levy "for cash flow purposes" and my comments to the Committee who are fully informed but Owners are not. Doc-Ref 700S4
-------------------------------------------- posted 5 December 2023 -----------------------------------------------------------------
EGM - Yet another EGM has been called - this time for 5 Dec 2023 at 6pm.
The papers were sent to us on 9 Nov 2023, and again as amended on 10 Nov 2023, and again on 15 Nov 2023.
Read about the ridiculous $11, 932.50 special levy "for cash flow purposes" and my comments at Doc-Ref 700S3
QUAYS FIRSTS - the unwanted achievements of the past two years. See all the details at Doc-Ref 700T
-------------------------------------------- posted 18 November 2023 -----------------------------------------------------------------
VOCMs to be considered by the committee on 11 September 2023 - see proposed agenda at Doc-Ref 700L
EGM 22 August - held (see minutes at Doc-Ref 700K)
EGM 15 August 2023
- postponed due to insufficient numbers attending
-------------------------------------------- posted 31 August 2023 -----------------------------------------------------------------
COMMITTEE ELECTIONS – EGM 15 August 2023
Sue and I have both been asked if either of us will stand for the committee. The answer is - we will not; primarily because neither of us could work with the remaining voting members of the committee given the errors of the last two years.
Secondly in my opinion, is that the two important protections for a voluntary voting committee member may have already been compromised. I refer to:
1. BCCM Act 1997, Sect. 101A, Protection of committee members from liability:
A committee member is not civilly liable for an act done or omission made in good faith and without negligence in
performing the person’s role as a committee member. 2. Standard Insurance Policy, Reasonable Care Condition:
Requires that the insured comply with any law, by-law, safety requirement, Australian Standard or regulation of any
Government or Local Government body, including but not limited to those covering the disposal of waste products and the handling, storage or use of flammable liquids or substances, gasses, or toxic chemicals.
A compromise of the above two protections would occur if there were:
a) breaches of the BCCM Act or the BCCM Regulation,
b) failures to meet accounting requirements and standards,
c) failures to enact general meeting resolutions,
d) decisions made by a committee that can only be made by Owners,
e) decisions made against legal advice paid for by the body corporate,
that had been formally notified to a committee, but which had not been acknowledged, investigated, acted-on or corrected.
Unfortunately, the above five types of irregularities are all too familiar to us in the Quays and the last two years’ “occurrences” are well documented on this website. (See the Outstandings page)
The legal advice given to me is a bit folksy but is also simple and succinct - “never put your head in another man’s noose”.
-------------------------------------------- posted 14 August 2023 -----------------------------------------------------------------
ADJUDICATORS ORDER
On Monday 7/8/23 I lodged an Adjudication Application with the Dept. of Justice regarding irregularities in the agenda for the Quays EGM scheduled for Tuesday 15/8/2023. Those irregularities being – 2 motions proposed without a committee resolution and the failure to include on the agenda, the compulsory Section 43 motion required for any EGM called under Section 40(1)(b). I sought an interim order to avoid a subsequent EGM to be called by Owners should the committee vacancies remain unfulfilled.
While the application for the interim order was technically correct it was dismissed on the basis that the Adjudicator had to “balance the inconvenience of granting the relief now if final orders are ultimately refused, against the inconvenience of refusing relief now if final orders are ultimately granted.”
I am content with the Adjudicator’s 5-page summary, and I accept and understand his reasons and analysis for the conclusions made. However, I will continue to hold our committees and body corporate managers responsible for the levels of regulatory compliance and accounting standards that we pay for and deserve.
You can read the Adjudicator’s Order in full, as Doc-Ref 700H3.
-------------------------------------------- posted 12 August 2023 -----------------------------------------------------------------
ADJUDICATORS ORDER
On Monday 7/8/23 I lodged an Adjudication Application with the Dept. of Justice regarding irregularities in the agenda for the Quays EGM scheduled for Tuesday 15/8/2023. Those irregularities being – 2 motions proposed without a committee resolution and the failure to include on the agenda, the compulsory Section 43 motion required for any EGM called under Section 40(1)(b). I sought an interim order to avoid a subsequent EGM to be called by Owners should the committee vacancies remain unfulfilled.
While the application for the interim order was technically correct it was dismissed on the basis that the Adjudicator had to “balance the inconvenience of granting the relief now if final orders are ultimately refused, against the inconvenience of refusing relief now if final orders are ultimately granted.”
I am content with the Adjudicator’s 5-page summary, and I accept and understand his reasons and analysis for the conclusions made. However, I will continue to hold our committees and body corporate managers responsible for the levels of regulatory compliance and accounting standards that we pay for and deserve.
You can read the Adjudicator’s Order in full, as Doc-Ref 700H3.
-------------------------------------------- posted 12 August 2023 -----------------------------------------------------------------
LEVIES
There has been a lot of interest and speculation regarding our levies lately.
How much have they increased? What about PBC levies going up? What are they per week? etc.
So FYI please see the attached spreadsheet which shows both actual Quays & PBC levies from 2019 to 31/3/24.
Please click-on Doc-Ref 700J (thanks to the Owner who noticed a formula error - now corrected)
-------------------------------------------- posted 7 August 2023 -----------------------------------------------------------------
SUMMARY OF CORRESPONDENCE WITH STANSURE re EGM scheduled for 15 AUG 2023
My view of the EGM situation to date.
1. EGM called under S40 as mentioned solely on page 4 of the EGM papers.
2. References to Sections 81(1) and 84 were incorrect. Section 81(1) corrected to S91(1);Section 84 corrected to S97 but is again incorrect – it should refer to S94.
3. It appears that agenda items 2 & 3 have no basis for inclusion as the committee did no resolve to have them on a general meeting agenda prior to the resignations and S40 coming into effect. Stansure confirm this in their email of 3/8/23 when they state: “The Committee, prior to the resignations, had advised our office these were to be considered at the next General Meeting, however there was not a resolution as such as then the resignations were received.”
As we all know they only way a committee can make a decision is by voting on a resolution.
4. The legislated “must include” Section 43 motion was not on the agenda.
5. The error of the omission of the S43 agenda motion is compounded by:
a. Stansure’s excuse that it was omitted because Stansure does not offer Part 5 agreements or services, which is irrelevant to the S43 requirement; and,
b. Stansure’s misinformation in their email to Owners of 1/8/23 when they state: “Owners to also note that under BCCM Legislation it states if a Committee is not formed at this meeting, that the Body Corporate must consider entering a Part 5Agreement,……,”.
This is in direct contradiction of the legislation that states: “If a general meeting is called under section 40, the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager underpart 5.”
c. Stansure also state in their email to Owners of 1/8/23: “Should a Committee not be formed from this meeting, 25% of the owners will need to seek and put forward a Part 5Agreement outlining the associated costs to be raised by way of a Special Levy requesting another Extraordinary General Meeting be convened.”
So, Stansure are telling us that because they have not included the legislated “must have” S43 motion in the 15/8/23 EGM agenda, that we must then have another EGM in the form of a 25% Owners requested EGM.
I think maybe that’s why S43 is in the regulations and its nominated motion is compulsory!
For the full email see Doc-Ref 700H2
------------------------------------------- posted 4 August 2023 ------------------------------------------------------------------
REQUEST FOR INFORMATION FROM STANSURE
Unfortunately the EGM Papers do not fully inform Owners in several ways.
1. We have not been given the VOCM authority calling for the EGM.
2. The references to Sections 81(1) and 84 in the BCCM Regulation are not correct.
3. Six committee positions have been declared vacant but we do not know who resigned or when. And, we do not know which two Owners have remained as ordinary members of the committee.
4. As the EGM was called under Section 40 of the BCCM Regulation the last motion on the agenda must be the Section 43 motion approving the engagement of a person as a body corporate manager - should it be required in the event that the minimum committee requirements are not met.
For full details please see my email of today to Stansure requesting information (Doc-Ref 700H1)
------------------------------------------- posted 24 July 2023 ------------------------------------------------------------------
SURPRISE EGM SCHEDULED FOR TUESDAY 15 AUGUST 2023 at 4pm.
Notice & Papers for the EGM were sent to Owners by Stansure email on 21 July 2023 (see Doc-Ref 700H)
As usual, more questions than answers. Watch this space - I will document my concerns ASAP.
------------------------------------------- posted 23 July 2023 ------------------------------------------------------------------
ANNUAL FINANCIALS - POST AGM COMMENTARY
These annual financials should have been better prepared and the inaccurate date periods used in both the
financial statements and the related motion should have been easily explained in a note to the accounts. But there were no notes to the accounts and both Stansure and the Chairman/Treasurer ducked the question about the accounting period dates at the AGM, so we didn’t even get a verbal explanation.
Meanwhile the auditor has qualified the financial statements as non-compliant because of the lack of prior year comparative
data and has also noted the lack of supporting accounting policy notes.
For a full explanation of why you received two sets of financials, with neither being for the financial year ended 31 March 2023, click on Doc-Ref 500Y3; and then, see the explanation provided by the auditor on 10 July 2023 in Doc-Ref 500Y2.
DEED OF VARIATION
I don’t know about you but I and several other Owners find it extremely concerning when 23 out of 113 Owners can commit the Quays to spend $1,015,674 over the 5 year period from May 2030 to May 2035 (that’s 7 to 12 years into the future) on an extension of an 18 year-old, 25-year term developer’s Caretaking & Letting agreement; and……… without any due diligence or legal advice; and……against legal advice received on the matter in May 2021 - which is by default, still current.
I mean, if there is one thing worse than a 25-year term developer’s agreement……it’s a 30-year one!
For full details on why this was a flawed decision please click on Doc-Ref 500T3
BTW - if you want to read the Caretaking & Letting Agreement it is available on the Reference Material page or on the Document Library page; as Doc-Ref 600R.
---------------------------- posted 14 July 2023 -----------------------------------------------------
HOW AN INFORMED OWNER MIGHT VOTE AT THE 2023 AGM - please see Doc-Ref 500X
Also an informed Owner might also know that:
1. They can hand over their Secret Ballot Vote at the AGM. See s100(e) Accommodation Module
2. They may withdraw their Secret Ballot Vote already cast and submit a replacement hard copy vote.
See s99 (3) Accommodation Module
s100(e) give the completed particulars envelope with the secret voting paper envelope enclosed, or the secret voting paper envelope with the completed particulars tab attached, to the returning officer, or forward the envelope to the returning officer so that the returning officer receives it before the votes are counted at the general meeting.
(s99(3) Also, a voter may withdraw a vote already cast for the ballot and submit a replacement hard copy vote or electronic vote if the vote already cast can be readily identified and withdrawn.
Have you been informed to your satisfaction?
---------------------------- posted 27 June 2023 -----------------------------------------------------
I DO NOT HAVE ANY ANSWERS
Why would a committee propose and therefore recommend that we commit, now in 2023, to spend $1 million
in the years 2030 to 2035 on caretaking? What is the motivation? What is the benefit to Owners?
And in their great rush or great need to do this, they have:
1. Ignored the fail-safe motion voted in by Owners at the 2021 AGM to prevent the very situation that Owners find themselves in now – surprised, uninformed, devoid of legal advice and protection, with a recommendation, seemingly based on emotion, that is not commercially logical or sensible for Owners.
2. Ignored the previous legal advice from Mathews Hunt Legal given in 2021.
3. Ignored the previous arguments by committees and Owners against such early variation requests.
4. Ignored the Owners’ overwhelming vote in 2021 against such a variation request.
5. Ignored the trend, and the pending legislative proposals, against long term contracts for BCs.
6. Failed to contact the Unit Owners Association for industry updates or advice
7. Failed to obtain any legal advice or do any due diligence as in 1-6 above.
---------------------------- posted 24 June 2023 -----------------------------------------------------
FINANCIALS
QUAYS FINANCIALS 2006 to 2021
Between 2006 to 2021 there were a total of 16 AGMs and a total of 16 sets of audited, compliant, and correct Quays Financial Statements for each of those 16 years ending 31 March, presented for the vote of Owners at each AGM.
QUAYS FINANCIALS 2022
In 2022 we were presented with the 17th set
of Quays Financials. Unfortunately, they were unaudited, non-compliant,
incorrect, and they were a misrepresentation of the Quays Financial Position
for the FYE 31 March 2022.
And, to our great shame, a majority of Owners did
indeed vote for those false financials.
Later, those financials were in fact corrected (26
changes made), and audited, and were reissued to Owners in Novembers 2022, some
5 months after the AGM.
QUAYS FINANCIALS 2023
In 2023 we were presented with the 18th set
of Quays Financials. Unfortunately, neither of the two sets of financials that
we received in the AGM papers were for the Financial Year Ended 31 March 2023.
There has been no explanation from the committee or
from Stansure for the two sets of financials that we did receive: viz., one for
the period 1/4/22 to 5/12/22 and the second for the period 5/12/22 to 31/3/23.
And neither of these two sets of financials are compliant – wrong dates, wrong numbers, and no prior year comparatives.Also the motion to approve them is incorrect and non-compliant – the period must be the Year Ended 31 March 2023.
Please see BCCM (Accommodation Module) Regulation 2020
Part 8, S168: (1) (b) & (4) & 5 (a) & (6).
The Regulation is available in the Document
Library - click (Doc-Ref 600E).
---------------------------- posted 20 June 2023 -----------------------------------------------------
Further to my email to Owners of 6 June 2023............
LAST YEAR
At our AGM held in June 2022 we were asked to vote for financial statements for the YE 31 March 2022.
Unfortunately, those financial statements were unaudited, and blatantly and knowingly contained false and erroneous figures, and were non-compliant with the regulations.
You will recall that revised, audited financials were issued in November 2022, some five months after the AGM, and after considerable and expensive work by the auditor and Stansure. At least 26 changes were made to those financial numbers.
THIS YEAR
At our AGM to be held on 28 June 2023 we are to vote for financial statements for the YE 31 March 2023.
Unfortunately, financials for the YE 31 March 2023 were not included in the AGM papers sent to Owners by Stansure on behalf of the committee.
Instead, we received:
1. Financial Statements “For the period 1 April 2022 to 5 December 2022”; and,
2. Balance Sheet & Income & Expenditure. Statements “For the period 5/12/2022 to 31/03/2023”.
Yet, the audit report states:
“We have audited the accompanying financial report, being a special purpose financial report of Emerald lakes – The Quays CTS 33891, which comprises the Balance Sheet as at 31 March 2023, the Statement of Income & Expenditure of the Administrative and Sinking Fund for the year ended.”
So please, where are the financials for the YE 31 March 2023, being the auditor’s abovementioned
"Balance Sheet as at 31 March 2023, the Statement of Income & Expenditure of the Administrative and Sinking Fund for the year ended.”?
AUTHORISED OR ROGUE?
On 12 June 2023 at 11:05pm a committee member, Christine Mathew, sent an email to all Owners.
Regretfully, and not for the first time, Owners email addresses were not bcc'd - so every single Owner's email address went to every other Owner and........to Superior Properties!
The result being that a real estate agency now has the email address of every Owner in The Quays.
Not sure if the email was authorised by the committee or not?
No doubt, any forthcoming apology
from the committee will explain it.
DECISIONS BY THE COMMITTEE THAT ARE UNAPPROVED and/or UNCONFIRMED
It appears that for two years the committee has been making many decisions at “informal meetings” under the misapprehension that such decisions are - not motions, do not need to be voted on,
do not need to be properly recorded or reported to Owners, or confirmed at a formal committee meeting.
Also please see the OUTSTANDINGS web page for more details.
Hard Copy 2023 AGM Papers Received By Owners on 6 June 2023 - via Australia Post
Why was it was necessary to send all 90 pages? And what was the cost. (90 pages x 113 Owners = 10,170 pages at ?cents per page?) Why not just send the secret ballot voting papers? We already had the voting papers for the other 18 motions.
And why do we have five motions for electronic this and that? Your guess is as good as mine but my guess is.
At the 2021 AGM we voted to have electronic voting and we could do so on two conditions:
1. Our BCM must have electronic voting software;
2. That software must be capable of rejecting votes cast by ineligible (non-financial) persons and/or those persons who have already voted.
No problem, Peak had such a system and apparently so did Value. However, my guess is that Stansure may not have had such a system at the time our contract was assigned to them in November 2022.
Was this assignment therefore irregular?
Perhaps the committee or Stansure will enlighten us at some point? That's all we ask.
1. keys2thequays.net website launched for Quays Owners
2. Detailed commentary on the multiple errors in the financials, the budgets, the motions, etc., sent to Stansure and Owners. Please see Doc-Ref 500Q
2023 AGM Papers (soft copy) Received By Owners on 31 May 2023
Unfortunately with multiple errors in the financials, the budgets, the motions, etc.
Plus - another decision by Owners at a general meeting that the committee have not enacted.
Full package available - please see Doc-Ref 500P or see smaller subsections in the Document Library
The PBC AGM for 22/23 was held on Tuesday 23 May 2023 and the Quays Rep failed to attend.
And, unwanted history is made when the Quays fail to nominate for 23/24 PBC Committee.
It will be the first time in the history of Emerald Lakes that the Quays has not been represented
on the PBC Committee.
The Quays Committee Meeting announced for Tuesday 9 May 2023 has been held.
Minutes were sent to Owners by email on 17 May 2023.
Shock news is that the Quays committee will be submitting a motion at our next AGM in support of a 5 year, $1 million (approx.) extension (2030 to 2035) to our current Caretaking Agreement. This the same motion defeated by Owners at the 2021 AGM, and for good reason.
How can the committee possibly recommend this when such an extension is NOT in any way, shape of form in the interests of the Quays BC & Owners - let alone in its best interests? The only beneficiary of such an extension is ELR. Why have they not advised earlier?
Committee members are all obligated under the BCCM Act which stipulates that “A committee voting member must act in the best interests of the body corporate……….”.