There is no website which covers more detailed events related to strata issues with direct evidence than this one in Australia (trust through verification).
In 1961 the Conveyancing (Strata Titles) Act was introduced in NSW. This act created a legal mechanism for the vertical subdivision of multi-unit housing.
This map shows the historical progression of strata schemes as they were registered across Sydney, and provides a unique snapshot of the development of higher density Sydney. Initially concentrated in a few small pockets on the North Shore and Eastern Suburbs, strata developments have now become an important feature of the housing landscape in all parts of Sydney:
UNSW - Strata Schemes of Sydney: 1961 to 2015
There were 2909 mediation applications received by NSW Fair Trading in 2022, compared with 1994 in 2018.
The most common issues for mediation related to repairs and maintenance of common property and breaches of by-laws, a NSW Fair Trading spokesperson said.
Of 2909 mediation applications, just 963 resulted in mediation, while 835 were dropped, with the respondent refusing to participate; the remaining 616 applications were either resolved before mediation or withdrawn:
https://www.smh.com.au/national/nsw/the-extra-obstacle-for-owners-clashing-with-body-corporates-over-building-defects-20230713-p5do1u.html
The huge growth of strata schemes in Australia requires good laws to protect owners. Originally, it was expected that democracy would be the leading avenue for managing complexes. But, democracy requires high level of sense and ethics. When lack of ethics and ignorance of laws are prevalent, how to proceed? One way is to educate public and rise awareness that license to be a strata manager is one of the easiest in any industry: Strata Community Australia (SCA) are offering a three-day course on qualifying to be a strata manager with no prior educational requirements (apparently educational requirements are fulfilled by completing the course).
Primary audience on the website are owners (current and previous), tenants, investors, and potential buyers in strata complexes.
The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...
Justice McCallum publicly stated:
Extensive media reporting of allegations of criminal conduct is not a mischief in itself. On the contrary, it is appropriate to recognise that the media play an important role in drawing attention to allegations of criminal or other misconduct and any shortcomings in the treatment of such allegations.
The Australian Government has passed the National Anti-Corruption Commission Act 2022 and legislation amending the Public Interest Disclosure Act 2013.
Fraud is dishonestly obtaining a benefit, or causing a loss, by deception or other means.
Corrupt conduct includes:
Section 8(a):
Any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly:
(i) The honest or impartial exercise of any public official’s powers, as a public official; or
(ii) The honest or impartial performance of any public official’s functions or duties as a public official.
Section 8(b):
Any conduct of a public official that constitutes or involves a breach of public trust.
Section 8(c):
Any conduct of a public official that constitutes, involves or is engaged in for the purpose of abuse of the person’s office as a public official.
Section 8(d):
Any conduct of a public official, or former public official, that constitutes or involves the misuse of information or documents acquired in the person’s capacity as a public official.
Most drastic example of BCS Strata Management failures is that BCS Strata Management was premeditated accessory in false statements and fraudulent evidence in CTTT Case 12/32675 Statutory Declaration and Affidavit in District Court Case 2013/360456 whilst ignoring these legal documents by Lot 158
Brief evidence of Solicitor Adrian Mueller involvement in fraudulent activities in CTTT case SCS 12/32675
Brief evidence of Solicitor Adrian Mueller involvement in fraudulent activities in CTTT case SCS 12/50460
Lot 158 Statutory Declaration in CTTT case SCS 13/50737 which BCS Strata Management and Solicitor Adrian Mueller ignored
Affidavit of Lot 158 in District Court case 13/360456 which BCS Strata Management and Solicitor Adrian Mueller ignored
Solicitor Adrian Mueller created dangerous precedence in two CTTT/NCAT cases (SCS 12/32675 and SC 20/33352) which, based on Australian legal system, allow other parties to use as valid defence (legal precedents). CTTT/NCAT fully co-operated with the Solicitor and effectively rendered NSW strata laws useless, and even allowed Solicitor's reprentation of large strata plan SP52948 without having any evidence of being approved by owners corporation (in fact, Solicitor was not approved at any legally-convened meeting).
CTTT/NCAT actively supported Solicitor Adrian Mueller's predictive behaviour, conspiracy offence, contempt of court, falsified documents, and insurance claims in two cases in 2012/2013 (SCS 12/32675 and SCS 12/50460, conducted by Tribunal member M. Harrowell) and 2020/2021 (SC 20/33352, conducted by Tribunal member G.J. Sarginson). The precedence means that all evidence of the Applicant can be ignored if the Respondent fails to attend Hearings.
Tribunal had full knowledge of the Applicant's submissions about Solicitor Adrian Mueller, including ones dated 8 February 2022, 27 February 2022, and 22 June 2022, which they completely ignored.
Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of
services provided by those who should enforce laws are common and frequent - examples:
NSW-Civil-Tribunal-failing-to-deliver-services
- Main emphasis is on BCS Strata Management (part of Pica Group) because they claim:
service promises, exemplary culture and way of working, market leader.
Persistent refusal by BCS Strata Management to co-operate with Police, CTTT/NCAT, District Court, and Supreme Court whilst being accessory to forgery of documents and false statements |
Examples of threats, intimidation, and harassment of SP52948 Lot 158 to prevent investigations of mismanagement and misappropriation of common funds
Desperate attempts by Police, Waratah Strata Management, Solicitor Adrian Mueller, and BCS Strata Management to recover lost USB key with SP52948 strata files without disclosure to courts and 218 owners
BCS Strata Management was accessory before, at, and after the event: involvement in supporting Solicitor Adrian Mueller in CTTT case SCS 12/32675
BCS Strata Management Statutory Declaration with fraudulent evidence and false statements in CTTT case SCS 12/32675
BCS Strata Management was accessory before, at, and after the event: involvement in supporting Solicitor Adrian Mueller in CTTT case SCS 12/50460
BCS Strata Management was accessory in false statements and evidence in CTTT Case SCS 12/32675 Statutory Declaration and District Court Case 2013/360456
BCS Strata Management ignored Lot 158 Affidavit in District Court Case 2013/360456
BCS Strata Management ignored Lot 158 Statutory Declaration in CTTT case SCS 13/50737
BCS Strata Management ignored Lot 158 Statutory Declaration in NCAT case SC 20/33352
BCS Strata Management ignoring and deleting customer's complaints and concerns
COO Greg Freeman ignoring customer's complaints and concerns
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The other strata company being analysed is Waratah Strata Management (full details), or short summary:
Waratah Strata Management - Selected Examples of Major Financial Concerns in SP52948 |
At committee meeting on 22 February 2024, Waratah Strata Management was forced to admit they "accidentally" falsified financials since November 2023, with one monthly salary for Uniqueco Property Services and gas usage payments missing in total amount of around $30,000.00
SP52948-accounting-differences-for-status-on-30Nov2023-found-on-Waratah-Strata-Management-website-27Feb2024
SP52948-accounting-differences-for-status-on-31Dec2023-found-on-Waratah-Strata-Management-website-27Feb2024
SP52948-accounting-differences-for-status-on-31Jan2024-found-on-Waratah-Strata-Management-website-27Feb2024
SP52948-accounting-differences-for-status-for-late-Feb2024-found-on-Waratah-Strata-Management-website-27Feb2024
SP52948-AGM-2023-dubious-invoices-24Oct2023
SP52948-AGM-2023-misconducts-and-risks-24Oct2023
Graph of effects by Waratah Strata Management on SP52948 Admin Fund since 1 February 2017 when they took office to 7 March 2024
SP52948-first-time-in-history-Admin-Fund-continuous-negative-balances-for-two-FY-quarters-Apr2023
SP52948-first-time-in-history-Admin-Fund-almost-continuous-negative-balances-for-third-FY-quarter-Jul2023
SP52948-effects-of-Waratah-Strata-Management-on-Balance-Sheet-from-1Sep2022-to-31Aug2023 (FY 2023)
SP52948-effects-of-Waratah-Strata-Management-on-Balance-Sheet-from-1Sep2023-to-31Aug2024 (FY 2024)
SP52948-six-of-last-eight-general-meetings-did-not-have-Auditor-reports-sent-in-agenda-before-general-meeting-16Jan2024
Irresponsible growth of levies (with example for Lot with entitlement 47.00) in period 1998 to 2024, with emphasis on effects of Waratah Strata Management since 1 February 2017
Waratah Strata Management silent about irresponsible 10-Year Capital Works Fund plans in 2017 and 2021, further delaying overdue upgrades and repairs due to lack of funds
Waratah Strata Management contributed to significant base contract increases for Uniqueco Property Services by disallowing competitive tenders and disclosure of information about real quality of building management services
Waratah Strata Management dubious accounting practices - example for FY 2018
Waratah Strata Management ignored concerns about SP52948 repayments to insurance company for legal costs of Solicitor Adrian Mueller on 24 May 2023
SP52948-incomplete-insurance-policy-disclosures-to-owners-in-period-2012-to-2023
SP52948-insurance-premium-changes-1997-to-2024.pdf
SP52948-underinsured-large-strata-complex-for-catastrophe-events-FY-2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws on 8 June 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 2 on 19 June 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 3 on 19 July 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 4 on 18 August 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 5 on 12 September 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 6 on 13 September 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 7 on 26 September 2023
SP52948-Waratah-Strata-Management-and-undeclared-expired-insurance-in-FY-2022
SP52948-discrepancies-between-Solicitor-Adrian-Mueller-legal-and-insurance-payments-FY-2022-and-2023
SP52948-disappearing-insurance-payments-between-4Aug2022-and-31Aug2022-page-1
SP52948-disappearing-insurance-payments-between-4Aug2022-and-31Aug2022-page-2
SP52948-disappearing-insurance-payments-between-4Aug2022-and-31Aug2022-page-3
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Examples of how Waratah Strata Management and Uniqueco Property Services manage SP52948 common property |
SP52948 Lot 158 long-term problems with common property with reminder sent to Waratah Strata Management and Uniqueco Property Services on 27 October 2023
Another-discrimination-of-owners-in-SP52948-Non-compliant-Extraordinary-General-Meeting-on-27Apr2023
BCS Strata Management and Solicitor Adrian Mueller prevented Napier & Blakeley's professional report in July 2012 from CTTT review in case SCS 12/32675 (the report cost owners $12,144.00)
On 25 October 2015, Uniqueco Property Services was reminded about problems with maintenance in the complex and Napier & Blakely's professional report - they never replied
On 6 October 2016, Uniqueco Property Services was reminded about problems with maintenance in the complex Napier & Blakely's professional report - they never replied
Roof membranes on four buildings - unresolved since 2012
Examples of photos taken during visit by Waratah Strata Management Director Robert Crosbie and Uniqueco Property Services Director Steve Carbone on 1 March 2017
Annotated summary of problems found during joint SP52948 common property visit by Waratah Strata Management Director Robert Crosbie, Uniqueco Property Services Director Steve Carbone, and Lot 158 on 1 March 2017
Concerns sent to Waratah Strata Management and Uniqueco Property Services about overdue Block A roof membrane repairs and leaks, and tripping hazard were ignored by them since 25 December 2018
Concerns sent to Waratah Strata Management and Uniqueco Property Services about overdue Block A roof membrane repairs and leaks were ignored by them since 2 January 2019
SP52948 Block B basement concrete cancer due to water leaks - unresolved since 2013
SP52948 basement under four buildings with concrete cancer due to water leaks - unresolved since 2013
SP52948 Block B foyer water leaks and electrical hazards in period from March 2020 to February 2023
SP52948 Block A foyer open wires on ceiling near elevator area - unprotected since 2017
SP52948 faulty down lighs in foyers of four buildings - unresolved since 2017
SP52948 Block C level 6 fire stairs - unresolved since 2018
SP52948 garden bed walls with water leaks and damages - unresolved since 2018
SP52948 garden bed walls near tennis courts with water leaks and damages - unresolved since 2017
SP52948 Block D foyer unprotected electrical wires - unresolved since 2019
SP52948 Lot 158 water leaks in sunroom - unresolved since September 2020
Garden bed walls near tennis courts repainted without rendering - 12 July 2020
Garden bed walls poor appearance near tennis courts - 23 March 2021
Animation of garden bed walls appearance near tennis courts that were allegedly repaired and repainted five times since 2017, without tender, without warranties, and at significant costs to owners - December 2022
Garden bed walls near tennis courts repainted without rendering - 13 March 2023
SP52948 louvres in basement under four buildings - unresolved since 2016
SP52948 garden beds risks for children playing every day - unresolved since 2013
SP52948 Block A basement fire door rust and neglect - unresolved since 2013
SP52948 Block A basement fire door rust and neglect, part 2 - unresolved since 2013
SP52948 Block D basement fire door rust and neglect - unresolved since 2013
SP52948 Block D basement fire door rust and neglect, part 2 - unresolved since 2013
SP52948 Block C fire door damaged - unresolved since 2013
SP52948 - Damaged wall paint at entrance to complex - repaired five times since 2017
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Few serious legal cases related to strata and building managers, and strata complexes in general in Australia
In New South Wales, perverting the course of justice carries a maximum penalty of 14 years imprisonment. This offence involves obstructing, preventing, perverting or defeating the course of justice or the administration of the law.
The offence of Perverting the Course of Justice is contained in section 319 of the Crimes Act 1900 which states that a person who does any act, or makes any omission, intending in any way to pervert the course of justice, is liable to imprisonment for 14 years.
To find a person guilty of this offence the prosecution must prove each of the following matters beyond a reasonable doubt:
- That the accused did an act or made an omission,
- That they did so intent to pervert the course of justice.
Under federal law, there are serious consequences for a person who has been found to forge a signature. Under Section 144.1 of the Commonwealth Criminal Code Act 1995, there is a maximum penalty of ten years in jail for making a false document.
In addition, under section 145.1, if a person knowingly uses a forged document to induce a public official to accept it as genuine, they can face up to ten years' imprisonment.
The law says that "dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function" carries a penalty of up to ten years' jail.
In NSW, the following laws apply:
Strata Schemes Management Act 2015 No 50 commenced on 30 November 2016
Strata Schemes Development Regulation 2016 is enacted under the SSDA 2015, commenced on 30 November 2016
Strata Schemes Development Act 2015
Community Land Management Act 1989
Community Land Development Act 1989
Property and Stock Agents Act 2002
Strata Schemes Management Amendment (Child Window Safety Devices) Regulation 2013