Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Robert Crosbie Director at Waratah Strata Management, Simon Wicks |
| Subject: | SUMMARY SP52948 Still Undisclosed Special-By-Law for Lot 3 and Photos of the Complex on 17Mar2017 |
| Date: | 17/03/17 19:41 |
Hi Waratah Strata,
With high interest in minimising losses from common funds and ensuring that our complex is properly managed, with equal rights and privileges for all owners, I would like to summarise the latest findings.
1. All of a sudden, for the first time in many years, after my many fruitless attempts, notice boards published current By-Laws. At this stage, I have not received copy of them myself and if it is not sent to owners, it means that around 50% of investors will never know about them unless either using web access (which most of them do not use), or specifically asking for them.
To ensure that all owners are informed, the correct version of the By-Laws should be sent via post or email to all owners.
Unfortunately, Waratah Strata missed a crucial By-Law that BCS Strata Management and EC members kept secret for 13 and a half years.
As an urgent matter, please update the By-Laws, with explanation that it was deliberately undisclosed to all owners and investors since its registration on 24 July 2003.
This is a crucial issue at present for five reasons:
a) Current request by CHU Insurance for owners corporation to repay $8,800,00 for alleged "Defence of Lot 3" at CTTT (there is no such case).
I enclose part of an email from EC dated 4 January 2013 in which BCS Strata Management was warned that their defence at CTTT should be their OWN EXPENSE.
Neither me, nor many other owners wanted to go to CTTT. But EC members and BCS Strata Management pushed for it anyway.
Here is a proof of some of the emails and requests by owners to avoid legal costs and mediate in the complex in 2013 (I have full copies in my possession):
BCS-Strata-Management-SP52948-Ignored-Owners-Request-to-Not-Engage-Solicitor-May2013.pdf
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to correct statements in the Minutes of the meeting:
Members of the EC even tried to prevent owner from presenting evidence to insurance company:
I have requested that EC and Waratah Strata Management credit my account for any amount paid to CHU Insurance because I have already overapaid for it.
b) Owner of Lot 3 is a current member of the Executive Committee (and was previous Chairperson of the EC before year 2000) and declaration of conflict of interest is important for owners to have trust in their representatives.
c) Waratah Strata has duty of care to uphold Special By-Law for Lot 3 in regards to their public liability insurance.
d) All sales of properties in the complex are based on incomplete information about what constitutes common property. We must not mislead customers, and it is against the law to do it.
e) Failure to disclose this Special By-Law directly acts against Registrar General's directions at LPI.
For more details, refer to LPI document 9808711J.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to correct statements in the Minutes of the meeting:
2. Although this is supposed to be standard task for Building Manager (caretaker) as per his contract, since he and his staff are not doing it, it fell on me to take photos of buildings and basement today.
Photos speak for themselves:
Macquarie-Gardens-photos/gallery/index.php?/category/62
This is in addition to status of roofs that we checked together on 1 March 2017:
Macquarie-Gardens-photos/gallery/index.php?/category/60
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to notify owners:
Lot 191 alone had 20 repairs for water leaks in six years (last two repairs in March 2017):
Macquarie-Gardens-photos/gallery/index.php?/category/41
3. I asked Building Manager (Caretaker) to provide me with copies of alleged three quotes for hot water system replacement in Block C, but he declined by stating that EC and Waratah Strata should deal with it.
These documents and evidence who and how approved the cost above $32,000.00 without an officially convened meeting, or knowledge of the owners corporation, will be requested as part of my document search in about two weeks (I got very busy with work this month).
The list of documents that I want to obtain copies of and view will be provided in due course, as part of the request that Waratah Strata must respond to promptly.
I enclose herewith part of an email sent from the Executive Committee to BCS Strata Management on 6 February 2013 in which it clearly stated that ALL expenses above around $1,000.00 should have at least two quotes. Sadly, EC did not check it and even expenses as large as around $110,000.00 for Block D roof membrane did not present multiple quotes to owners.
We cannot continue to run the business with such low transparency and duty of care.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to notify owners:
Waratah Strata Management and EC members failed to provide evidence of tender or multiple quotes for hot water system replacement in Block C.
4. In his email to me Mr. Robert Crosbie wrote the following on 1 March 2017:
QUOTE
From: Robert Crosbie
Subject: RE: SP 52948, 1-15 Fontenoy Road, Macquarie Park.
Date: Wed, 1 Mar 2017 05:20:46 +0000
The Strata Act only requires the notice of meeting to be sent to all owners, not the attachments.
The error in not sending the agenda to all owners was mine. Blocks under 100 lots do not require committee notices to be sent to all owners. When I was preparing and issuing the agenda I overlooked that it was a requirement for large schemes.
All owners have access to the portal. Owners received their access details with the initial letter that we sent to all owners.
END QUOTE
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to notify owners:
The statement by Director of Waratah Strata Management is incorrect and misleading.
Extract from Strata Schemes Management Act 2015, Schedule 2:
7 Matters that must be included in notice of meetings The notice of a meeting must include a detailed agenda for the meeting.
Detailed agenda certainly includes key attachments and/or fully decriptive nature of the motions.
PS. Short summary of what we discussed at our meeting on 1 March 2017:
1. Item 13 in the agenda for the EC meeting scheduled for 16 March 2017 shyly states:
McCulloch & Buggy Email
In CTTT case that I lost in 2013 (over 3,000 pages of evidence about mismanagement of our complex due to actions by BCS Strata Management), Tribunal ordered that I pay $8,800.00 and the same amount was requested from owners corporation.
Tribunal was of the opinion that owners corporation was equally guilty of mismanagement of the complex. This information was hidden from owners until now.
I paid my share (actually overpaid by around $16,000.00).
BCS Strata Management and EC members failed to meet their obligation.
It is on record that staff member of Uniqueco Pty Ltd publicly claimed that he would "protect EC members from my wife and me" and that he persistently followed my wife on number of occasions.
BCS Strata Management secretly changed insurance policy for the complex on 1 August 2012, without owners corporation approval at any meeting. Then, they started making claims for legal fees for non-existent CTTT case "defending Lot 3", engaging Solicitor Mr. Adrian Mueller (without valid owners corporation decision). Insurance claims in amount of $24,919.31 for alleged "defence" of Lot 3 at CTTT in 2012/2013:
First claim on 31 August 2012 $367.64
Second claim on 7 December 2012 $12,714.65
Third claim on 26 April 2013 $1,320.00
Fourth claim on 4 June 2013 $10,517.02
McCulloch Lawyers, on behalf of CHU Insurance, are now requesting owners corporation to repay $8,800.00 for insurance claims that BCS Strata Management made.
BCS Strata Management was aware of this at least since 19 October 2016 and kept owners corporation in the dark until they left. The question is how many EC members knew about it.
Waratah Strata Management was aware of this at least since 11 January 2017.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to correct statements in the Minutes of the meeting:
Mrs. Lorna Zelenzuk (Secretary of the EC), failed to declare the special interest in this issue.
A member of the strata committee must disclose any direct or indirect financial interest the member has in a matter to be considered by the strata committee where that interest appears to raise a conflict with the member’s duties (SSMA 2015 Clause 18(1) of Schedule 2). The member must not be present during the deliberation of the matter or take part in a decision, unless the strata committee otherwise determines (SSMA 2015 Clause 18(4) of Schedule 2).
Also confirmed by the Department of Fair Trading offical note on their website:
If a strata committee member has a pecuniary or other interest that could raise a conflict of interest in relation to matter to be considered by the committee, this interest must be disclosed at a meeting of the committee. After a member has made this disclosure they must not be present when the particular matter is discussed, nor may they vote on the matter, unless the committee resolves otherwise. Details about the potential conflict of interest must be recorded in a record kept by the committee and made available for inspection on request and on payment of a fee if required.
2. Contract with Waratah Strata Management changed without owners approval at any meeting and knowledge.
Some areas are potentially dangerous for us, some areas allow abuse (due to ambiguous statements).
In Motion 28.1 at AGM 2016 on 19 October 2016, owners corporation approved appointment of Waratah Strata Management at base value of $21,800.00 + disbursements $13,300.00 inclusive of GST.
a) Members Mr. Stan Pogorelsky and Mr. Moses Levitt signed the Contract with Waratah Strata Management on 14 December 2016, changing the base value to $23,110.00 + fixed disbursements $11,990.00 inclusive of GST without owners corporation approval or knowledge,
b) Default yearly increase of contract with Waratah Strata Management is 5% (more than three times the official CPI), or as agreed at each AGM.
Normally, yearly increases in contracts like strata management relate to base value of the contract but Mr. Crosbie told me that in this case it should apply to all parts of the contract, which is completely arbitrary interpretation and not defined in the contract.
c) Waratah Strata Management reserves the right to earn all rebates, discounts and commissions in Disclosure Schedule from the following providers:
CHU Underwriting Agencies Pty Ltd 20% of base premium
Strata Unit Underwriters Pty Ltd 20% of base premium
Strata Community Insurance 20% of base premium
Finn Foster & Associates 15% of base premium or as agreed
Whitbread Insurance Brokers 20% of base premium
Driessen Insurance Brokers 15% of base premium
Austbrokers Sydney 20% of base premium
CRM Insurance Brokers 50% of all commissions
Honan Insurance Brokers 20% of base premium
BCB Insurance Brokers 75% of policy commission
d) Section 7 of the contract with Waratah Strata Management provides avenue for strata agency to transfer the agreement to another agency or related persons upon approval by owners corporation which must provide a response to Waratah Strata Management within 28 days after receiving such notice from the agent, and owners corporation must notify new agent of its decision within 28 days after receiving a request from new agent to enter into a new agency agreement.
Basically, this strange item in the contract allows Waratah Strata to almost select next strata agency for us!
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information at the meeting. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
3. Sudden proposal to terminate contract with ThyssenKrupp Elevator. Item 6 on the agenda for EC meeting scheduled for 16 March 2017 lists sudden wish to terminate contract with ThyssenKrupp prior to 30 March 2017 (90 days before its natural 7-year expiry period). ThyssenKrupp stated that this was standard procedure to ensure that there was no automated roll-over of the contract on a monthly basis.
It also tables a plan to hire another lift consultant to conduct a condition report on the lifts.
Here are the dangers of this plan that are not disclosed to owners:
a) We already had three professional assessments of lifts in recent years (and all of them were not presented to owners):
Napier & Blakeley in July 2012. Total cost of the report (GST inclusive) was $12,144.00. This report was also hidden from CTTT and Department of Fair Trading,
ThyssenKrupp Elevator report on elevators in December 2013,
Vertical Transport Management Services report on elevators in February 2014. Total cost of the report (GST inclusive) was $1,430.00,
I requested that EC, Caretaker and strata managing agent present to owners these summaries immediately:
- What was completed in our complex in relation to elevators after these professional assessments were generated,
- What was dismissed as unimportant in regards to elevator repairs,
- What and when are the remaining rectification steps planned and how are they going to be funded?
b) EC and Caretaker are now wasting time and money of owners for yet another report.
c) I approached ThyssenKrupp and asked them the reasons why they believe their contract is planned for termination in the complex. Specifically, I asked:
- Has ThyssenKrupp failed in maintaining the elevators in the complex?
- Has ThyssenKrupp received any complaint about elevator maintenance in recent times?
- Has ThyssenKrupp declined to maintain elevators at any time?
I do know that their plan to rectify major faults with elevators was rejected by EC and BCS Strata Management silently in 2014.
d) ThyssenKrupp contract was approved by single member of the EC and BCS Strata Management in very unfavourable terms in 2010 for seven-year period and at higher than necessary costs. No other member of the EC was consulted, no tender was run, and owners corporation did not have any say in it.
e) Another problem is how will owners corporation select a new service provider for elevator maintenance. Shall the EC again do it without proper tender and without disclosure of information?
For the record, I asked three providers to bid for the contract. One of them already visited the complex.
The selection of the elevator maintenance provider should be done at a general meeting by whole owners corporation.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information at the meeting. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
In early April 2017, elevator in Block A died twice. In second event, it was offline for almost two days.
Without evidence of tender, or its disclosure to owners, Biv Reports Pty Ltd was commissioned to prepare new 10-Year Capital Works Fund assessment in late March 2017. It failed to address major works in proper manner:
Elevator maintenance and contracts are one of many sore points in the complex:
SP52948-BCS-Strata-Management-Poor-Elevator-Maintenance-and-Mismanaged-Contract-and-Tenders.pdf
How did Biv Reports Pty Ltd come to figure of $339,831.00 for work planned in August 2026?
Here is the reasons why the figure and assessment look improbable:
It did not show any details of:
a) Comprehensive risk and hazard assessment in line with Australian Elevator Association guidelines. This assessment outlines the risks in terms of high, medium and low levels across your elevators, and indicates what solutions should be put in place to reduce the potential for harm to owners, tenants, visitors and workers, and reduce exposure to potential claims.
b) Comprehensive lifecycle report, so its findings can be factored in to the fund forecast.
c) Four other professional reports paint very different picture about the need for repairs and upgrades for elevators in my complex. All four are still hidden from owners by previous strata agency, BCS Strata Management, current strata agency, Waratah Strata Management, and EC members:
Napier & Blakeley, July 2012
ThyssenKrupp Hazard and risk assessment, December 2013
ThyssenKrupp Quotation and lifecycle budget, December 2013
Vertical Transport Management, February 2014
d) Our elevators are now in their 20th year of operation. That is typically decent age for considering some major replacements, especially since our elevators do not meet current standards and have higher failure rates. Just in my building (Block A), the elevator was offline for two days in April 2017.
e) Elevator traveling cable is a specialized multi-conductor cable continually in motion and must last for many years. A generally accepted lifespan is 20 years - or 3,000,000 flex cycles.
Some vendors agree that 25 years is more than average lifespan of elevators, which, even if we accept that ruling, puts major works in year 2022, not 2026 as Biv report claims.
4. We visited all four roof tops. State is below reasonable standards. Caretaker, Mr. Crosbie and I agreed. Here are some of the photos I took:
Macquarie-Gardens-photos/gallery/index.php?/category/60
In short, two and a half roof tops need to be completely resurfaced with new membranes (not fully done for almost 20 years, in spite of two professional reports documenting that it should be done every 10 years). There were partial repairs in 2004 and 2012 (cost in 2012 was $28,892.00, without tender or any competitive quotes and it was also done by Kintyre Building Services without any tender and warranties).
As a side note, one and a half buildings were done without tender or any competitive quotes in Block B and D, costing owners above $171,006.00 in 2015/2016.
There was a secret quote from another service provider which was hidden from owners. It contained much more favourable pricing and conditions:
BCS Strata Management and EC members failed to confirm warranty period of 15 years, as Kintyre advised in their invoice on 27 February 2015 that liquid membrane applied to roof in Block B came with only 5-year warranty due to excessive cracking and water ponding on the existing concrete substrate, which was reported in Napier & Blakeley building assessment as early as July 2012 and never disclosed to owners corporation.
Warranty for Block D (the only block fully resurfaced with new membrane) is unknown and strata agency and EC member hide that information.
Caretaker Mr. Carbone confirmed in front of Mr. Crosbie that the previous Chairperson was personally responsible for not allowing Block B to be fully resurfaced in 2015. Resurfacing the other half or roof in Block B will now come at a higher cost to owners.
In short, membranes in these buildings need to be replaced as a matter of urgency:
Block A (whole roof)
Block B (half roof)
Block C (whole roof)
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present evidence of neglect of roof tops to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
Instead of committment to repair, Waratah Strata Management and EC member, without disclosure of current state of the roofs, and still hiding Napier & Blakeley's report from July 2012, they reported the following at the EC meeting:
How did Biv Reports Pty Ltd come to figure of $571,275.00 for work planned in August 2023?
Other professional reports and assessment listed roof membranes with life span of around 10 years. Example:
Leary and Partners Sinking Fund forecast (EC meeting 17 November 1999).
One and a half roofs were repaired at cost above $170,000.00 in 2015/2016, whilst Blocks A and C did not have proper roof repairs for 20 years now (there was minor patchwork in 2012).
Napier & Blakeley's report in 2012 list roof membranes as one of the items with serious priority:
QUOTE
A number of previous patch repairs have been carried out. The surfaces require preparing and recovering with a liquid applied waterproof membrane within the short to medium term (1-5 years).
END QUOTE
5. Garden beds are in appalling state. Metal plates are OH&S hazard for children who play in the gardens due to sharp edges and distortion of their position as walls move.
Garden beds look very "unmaintained" and unmanaged.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present evidence of neglect of garden beds to owners. Waratah Strata Management and EC members failed to enforce warranties for garden bed repairs done in 2013/2014 and forcing owners to spend more money for the same repairs in 2017.
This was documented in 2015 but EC members and BCS Strata Management prevented owners from hbeing notified:
EC Member Stan Pogorelsky satisifed with garden bed repairs EC meeting 27Nov2013
Macquarie-Gardens-photos/gallery/index.php?/category/14
Macquarie-Gardens-photos/gallery/index.php?/category/17
Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
6. Hot water tanks.
BCS Strata Management and EC members did not disclose full details of total expenses amounting to $77,062.70 (GST inclusive) for hot water repairs in Block B and D in 2015/2016 period.
Australian Hot Water was paid $9,639.00 (GST inclusive) in January 2017 for Rinnai internal commercial gas continuous flow HWS x 5 for Block C, with only five-year manufacturer warranty and one-year warranty on installation. Balance on completion of work: $22,681.71. Total cost: $32,320.71.
I asked Caretaker if there were multiple quotes and who approved them. He told me that there were three quotes but he failed to produce copies when I requested them. Allegedly, EC members will present them.
Block A is outstanding for replacement of hot water system.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
How did Biv Reports Pty Ltd come to figure of $70,560.00 for work planned in August 2019?
7. In spite of all warnings to the Caretaker and the EC, Mr. Crosbie and I were able to confirm that fire doors in the basement were still not compliant with fire safety standards.
We personally checked the doors.
8. I personally enforced that all fire doors in the basement have sound alarms after around 22:00 hours in the evening. The logic was simple and effective: nobody had real reason to walk outside the complex by using those doors late in the evening or overnight. It was a good deterrent for leaving fire doors open ajar at night, which number of owners like me observe.
Somebody has removed all sound alarms from the fire doors without decision at any meeting.
I am now requesting them to be reinstalled for safety reasons.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
9. Motion 2.41 at AGM 2016 required EC members to complete some kind of training in Strata Management Act and Regulations within three months. I requested an update at the EC meting on 16 March 2017.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present evidence which EC members allegedly completed training. The EC meeting on 16 March 2017 lists five out of eight EC members to have completed the training, without disclosing which ones. The tatus for the inth member was not mentioned at all.
Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
10. Finally confirmed that pergolas are common property.
BCS Strata Management and EC members failed to disclose evidence and proof of pergolas being common property, in non-compliance with SSMA 1996 Section 108 for strata document search in 2013, 2014, 2015, and 2016, BCS Strata Management and EC members failed to disclose this information to CTTT, hindering their investigation, in non-compliance with the strata laws, BCS Strata Management and EC members misconstrued statements about pergolas at the following meetings:
EC meeting on 17 November 1999
EC meeting on 19 January 2000
EC meeting on 24 May 2000
AGM on 5 October 2000
EC meeting on 14 February 2001
EC meeting on 8 August 2001
AGM on 14 October 2010
EC meeting on 1 December 2010
EC meeting on 16 February 2011
EC meeting on 13 April 2011
EC meeting on 20 July 2011
EC inquiry to Solicitor Mr. Adrian Mueller on 21 January 2015
BCS Strata Management and EC members failed to disclose costs of repairing and repainting pergolas three times since year 2000 exceeding $90,000.00 without evidence of competitive tenders as requested in SSMA 1996 Section 108 searches in 2013, 2014, 2015, and 2016, and without decisions at general meetings, New Strata Management Agency for SP52948, Waratah Strata Management, produced photocopy of Determination of Title Boundary, dated 27 July 2000, printed on 11 January 2013.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners with full details. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
11. We confirmed concrete cancer on the pillar in front of Block A. It is not known how many other areas of the complex have it. We had such case in Lot 150 and it took a year and a half for Caretaker and EC to act upon it.
Macquarie-Gardens-photos/gallery/picture.php?/2932/category/62
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
12. We confirmed, without any doubt, that ventilation louvres in many areas of the basement are impossible to repair (doe to excessive rusting) and that the only way to fix the efficiently is to replace them.
Macquarie-Gardens-photos/gallery/index.php?/category/32
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
13. In spite of OH&S risk with tripping hazard due to raised pavers in the courtyard, as reported by Napier & Blakeley in July 2012, nothing has been done to fix it.
This was tabled to Mr. Crosbie.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
Biv reports Pty Ltd allocated $1,575.00 for trip hazard repairs by August 2018 in their 10-Year Capital Works Fund plan.
14. Repetitive water leaks on top floor in Block A. Caretaker confirmed that this would require lifting whole ceilings in several units and I questioned why was this hidden from owners since 24 February 2016 (as reported by NCB Plumbing for Lots 189, 190,192, and 192).
Just Lot 191 alone had 20 repairs in period 2011-2017, costing owners above to $14,500.00.
Macquarie-Gardens-photos/gallery/index.php?/category/41
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
15. Mr. Crosbie confirmed that we do not have reasonable 10-Year Sinking Fund Plan as it was not updated since 2010.
In addition, that Sinking Fund Plan is based on arbitrary items, without real consideration of warranties and proper professional evaluations.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
Under pressure, new alleged Capital Works Funds was commissioned on 31 March 2017 but it significantly fails to meet vendor's recommendations. One of the most-delayed one are elevators.
We already had three professional assessments of lifts in recent years (and all of them were not presented to owners):
Napier & Blakeley in July 2012. Total cost of the report (GST inclusive) was $12,144.00. This report was also hidden from CTTT and Department of Fair Trading,
ThyssenKrupp Elevator report on elevators in December 2013,
Vertical Transport Management Services report on elevators in February 2014. Total cost of the report (GST inclusive) was $1,430.00,
16. Item 5 in the agenda for the EC meeting scheduled for 16 March 2017. Painting of buildings.
According to Mr. Crosbie and Caretaker Mr. Steve Carbone (without providing any evidence), building painting tender included rendering costs.
As well, additional painting tasks are seemingly extending the scope of the project, without disclosing costs to owners. In other words, EC plans to spend more money but without owners corporation approval at the general meeting.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
17. Visit to the pool area uncovered the following:
a) Rust protruding in the ceiling at various places,
b) Mirrors in both bathrooms are unsightly and require replacement,
c) OH&S risk with uneven sink area on the floor in the female bathroom.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
18. Item 2 in the agenda of the EC meeting scheduled for 16 March 2017. Vacant position on the EC.
I demanded that, whatever decision EC makes, the minutes of the meeting must disclose all candidates for the vacant position, confirm reasons why such decision was made, and ensure owners are notified that EC and BCS Strata Management prevented my candidacy at the last three general meetings, in direct non-compliance with SSMA 1996.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
19. Rumours are going around that I was "not willing" to talk to the EC. They are, as always, false and misconstrued. In fact, I am still waiting for Mr. Pogorelsky to respond:
I asked Mr. Crosbie to pas sit on to EC members that they can contact me at any time, as long as access to strata documents is provided. Hiding them is not the way to be "transparent".
If they have nothing to hide, why that fear of showing strata files?
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
20. Areas around hot water systems on the four buildings are full of various rubbish that Napier & Blakeley reported as OH&S risk in July 2012. Nothing was done to clean them up.
After our visit on 1 March 2017, Caretaker Mr Steve Carbone was requested to organise the clean-up of rubbish.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
Instead of organising the cleanup, Waratah Strata Management and EC delayed actions, without disclosure to owners of the OH&S risks:
21. Visit to MDF room. BigAir system is still running without benefits to owners, and in spite of eviction orders on 31 January 2014.
Due to high power consumption by BigAir equipment, the air temperature in the MDF room is excessive. It was terrible to be inside the room. It is a fire risk and owners could lose phone line cabinets and NBN cabinet if it happens.
BCS Strata Management and EC displayed absolutely pathetic attempts to evict this company from the complex for the last three years (and mismanaged the contract before its expiration in 2013).
I gave Mr. Crosbie ideas about four methods how to deal with it immediately.
As EC and almost everybody else in the complex has no expertise in telecommunications area (or at least not as much as I do), I offered to help.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws. EC members and Waratah Strata Management also failed to act in accordance with clear and decisive decisions at general meetings since 2014:
Instead, Waratah Strata Maagement again attempts to delay removal of BigAir from running business in the complex without contractm without benefits to owners for 13 years, and without owners corporation approval:
SP52948-delaying-actions-against-BigAir-EC-meeting-with-Waratah-Strata-Management-16Mar2017.webp
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
22. My Motions and requests for By-Law changes for AGM/EGM 2017. I made it very clear to Mr. Crosbie that the EC must respond and document in public minutes of the EC meeting every decision for or against my Motions appearing on the agenda for the general meeting.
If they prefer, EC members can meet me in person to speed up that process.
In addition, they must disclose that owners can demand any Motion to appear at the general meeting, thus overturning the decisions of the EC members.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
SP52948-AGM-or-EGM-2017-Motions-by-Lot-158.pdf
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
23. It was confirmed in written form that EC members Mr. Stan Pogorelsky and Mr. Moses Levitt had knowledge of Mr. Robert Crosbie and strata manager Mr. Simon Wicks previously working for BCS Strata Management and that Mr. Simon Wicks was planned to be a new manager for our complex before the general meeting on 19 October 2016. They failed to disclose this information to owners corporation, basically manipulating owners' decisions.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
24. Waratah Strata Management attempted to organise EC meeting on 2 March 2017. It was in non-compliance with:
Strata Schemes Management Act 2015, Schedule 2, Part 2, Section 4
Interpretation Act 1987, Section 76
Waratah Strata Management and EC members withdrew the meeting and organised another one for 16 March 2017.
The regulation about agenda for the EC meetings has been in place since SSMA 1996 (more than 20 years).
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
25. Boom gate for car entrance to the basement was accidentally damaged by an owner again several months ago. In most cases, BCS Strata Management did not enforce payments from the guilty party who made the damage.
In the latest case, from the information I have, Caretaker Mr. Steve Carbone chased the owner for insurance payment, which the owner provided.
However, the boom gate has not been repaired. If the information that I have is true (I need to verify it with evidence), why was there a charge to owner and why was this owner singled out and treated differently to other owners?
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
26. Lot 158 submitted approval for flooring.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
27. Third change of levies imposed on owners with second gas connection without consultation with owners corporation. Change in regards to Special By-Law 12.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners.
In period from 21 July 1999 (EC meeting) till 6 May 2013 when the Special By-Law 12 was registered, the levies were struck at $200.00 per year,
In period since 6 May 2013, the applicable gas levies are $50.00 per year, retrospective since EC meeting held on 23 August 2013.
At EC meeting held on 16 March 2017, the gas levies were increased to $220.00 per year.
More important is the final admission how many EC members had second gas connection but failed to disclose for how many years they did not pay the levies:
Mrs. Lorna Zelenzuk, Lot 3
Mr. Upali Aranwela, Lot 62 (ex-EC member)
Mr. Stephen Luxmoore, Lot 144
Mr. Moses Levitt, Lot 147
Mr. Stan Pogorelsky, Lot 181
In addition, these townhouses have second gas connections but were receiving reimbursements for private gas usage for many years:
Lots 194, 199, 206, and 209.
EC meeting 17 May 1998: Application by owner of townhouse 213 and the EC approval that all future gas costs were to be met by the owner, so this owners should have never received reimbursements for personal gas usage that they claimed for 19 years!
Current EC members Mrs. Lorna Zelenzuk (Secretary of the EC), Mr. Moses Levitt, and Mr. Stan Pogorelsky (CHairperson of the EC) failed to declare the special interest in this issue.
A member of the strata committee must disclose any direct or indirect financial interest the member has in a matter to be considered by the strata committee where that interest appears to raise a conflict with the member’s duties (SSMA 2015 Clause 18(1) of Schedule 2). The member must not be present during the deliberation of the matter or take part in a decision, unless the strata committee otherwise determines (SSMA 2015 Clause 18(4) of Schedule 2).
Also confirmed by the Department of Fair Trading offical note on their website:
If a strata committee member has a pecuniary or other interest that could raise a conflict of interest in relation to matter to be considered by the committee, this interest must be disclosed at a meeting of the committee. After a member has made this disclosure they must not be present when the particular matter is discussed, nor may they vote on the matter, unless the committee resolves otherwise. Details about the potential conflict of interest must be recorded in a record kept by the committee and made available for inspection on request and on payment of a fee if required.
SP52948-Special-By-Law-12-arbitrary-changes-EC-meeting-16Mar2017.webp
28. Five private lattices in front of townhouses Lot 194, Lot 197, Lot 199, Lot 202, and Lot 216 (not approved at any meeting).
Mr. Robert Crosbie viewed the status and confirmed they were erected without unform look of the complex.
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
29. Excessive costs for alleged long-lasting LED lights and other lighting-related projects costing owners corporation over $60,000.00 in three years (period up to 2015 alone!) without full disclosure to owners or their approval at any legally-convened meeting.
Over the last few years, number of supposedly long-lasting LEDs had to be replaced. One of them was fire exit sign on level 2 in Block A in 2015, which was already replaced in 2014 (two times in period of around 18 months). What quality of LED do we get and who guarantees them? The information provided to Strata Manager Mr. Peter Bone by Versace LED on 22 November 2013 stated:
QUOTE
Normal fluorescent lamps should last 8,000 to 15,000 hours. LED tube lamps should last 40,000 to 50,000 hours.
END QUOTE
EC meeting held on 12 February 2014 recorded in Motion 2 about EC member Mr Moses Levitt:
QUOTE
LED Light Replacements:
The meeting noted that anumber of common property light fittings that were to be replaced with energy efficient LED lights, hve not been. M Levitt is to review the works completed to-date and confirm what work is still required. The Strata Manager is to then follow this matter up with the contractor and arrange the replacemend of those lights not yet replaced.
END QUOTE
Comments by SP52948 owner after efforts to get Waratah Strata Management and EC members to act in accordance with the strata and other applicable laws:
Waratah Strata Management and EC members failed to present this information to owners. Waratah Strata Management and EC members failed to respond to Lot 158 who raised it for the agenda of the meeting.
SP52948-BCS-Strata-Management-Issues-to-be-dealt-with-at-next-EC-Meeting-public-version-Oct2015.pdf
