Investigative Journalism and Learning Hub - Letter of Demand for Marianna Paltikian on 8 October 2020

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From: SP52948 owner
To: Marianna Paltikian (sent through strata manager Stuart Greene)
Subject: Letter of Demand on 8Oct2020
Date: 08/10/2020, 21:30

Dear Madam,

The undersigned, without prejudice, hereby demands that you confirm or refute Lot 158 statements that:

  1. You act as Secretary of the Executive Committee from late 2016 till now, and it those years competitive tenders for building management and strata management never occurred.

  2. You act as Secretary of the Executive Committee from late 2016 till now, and it those years proper tenders for electricity supply, elevator maintenance, elevator upgrades, and painting project have never been fully disclosed or conducted in compliance with SSMA 2015 and SSMR 2016.

  3. You are fully aware that Deed of Agreement with BigAir in June 2018 was signed without full disclosure to owners, at significant losses to owners, and without owners corporation decision at general meeting.

  4. You have received sufficient information from Lot 158 that unfinancial owner Mr. Stan Pogorelsky has been allowed to vote and be a member of the Executive Committee, since 1999.

  5. You have received sufficient information from Lot 158 that unfinancial owner Mr. Moses Levitt has been allowed to vote since 2001 and be a member of the committee since 2011.

  6. You had full knowledge that gas heating levies were set in 1999 to $200.00 per year (GST added on 1st of July 2000) and failed to collect them,along with 10% simple interest per year for overdue levies, in all years since you became member of the committee..

  7. You have sufficient information that AGM 2016, 2017, 2018, and 2019 failed to comply with SSMA 2015 and SSMR 2016.

  8. You have sufficient information that BCS Strata Management and Solicitor Adrian Mueller were deliberately involved in the following actions and refused to disclose it to CTTT, hindering their investigations:

    a) Illegal representation by Solicitor Adrian Mueller for strata plan SP52948 in Fair Trading case SM12/1537JR, CTTT case SCS 12/32675, and CTTT case SCS 12/50640 which by November 2014 alone caused losses to owners corporation in amount of $62,218.77,

    b) Four fraudulent insurance claims for Solicitor Adrian Mueller’s legal costs in non-existent “CTTT defense of Lot 3”, amounting to $28,511.24 (GST incl) paid to strata plan SP52948 in 2012 and 2013, where CHU Insurance forced the owners corporation to repay $8,800.00 in 2017,

    c) Creation of false statements in BCS Strata Management strata manager’s Statutory Declaration to CTTT on 19th of April 2013,

    d) Creation of false statements in BCS Strata Management strata manager’s Affidavit to District Court on 31st of January 2014,

    e) Strata plan SP52948 paying more than 70% increase in insurance premiums in 2012 due to high risks with legal claims for Solicitor Adrian Mueller, disregarding warnings by AJG Insurance Broker and CHU Insurance on 1st of August 2012,

    f) Secret change of insurance policy to allow Solicitor’s legal expense claims on 1st of August 2012,

    g) You were aware of Solicitor Adrian Mueller’s suggestion to use insurance claims for his legal costs on 2nd July 2012,

    h) You were aware of SP52948 not having funds to pay $14,056.90 for creditor code 69633 and Mr. Paul Banoob authorising urgent injection of funds from MBL account in the sum of $50,000.00 on the same date,

    i) You were participant of illegal committee meeting on 9th of July 2012 as confirmed in CTTT case 12/32675 one year later,

    j) Solicitor Adrian Mueller’s Standard Costs Agreement provided to CHU Insurance on 28th of August 2012 which did not have signature of behalf of owners corporation,

    k) Solicitor Adrian Mueller’s Standard Costs Agreement provided to CTTT on 29th of January 2013 which did not have signature on behalf of owners corporation,

    l) Email dated 18th of February 2012, which stated that Lot 158 must not get copies of strata files,

    m) Email dated 15th of April 2013, when Solicitor Adrian Mueller asked BCS Strata Management to produce signed copy of his Standard Costs Agreement and run paper meeting to approve decisions of alleged meeting held on 9th of July 2012,

    n) Paper meeting on 16th of April 2013, knowing that Fair Trading NSW mediation case SM12/1537JR was closed on 27th of March 2013:

    Please sign and date your voting paper as soon as possible. Despite the proposed date of the meeting we must have a clear majority as soon as possible to allow Adrian Mueller to rebut the allegations that he was never appointed to represent us at CTTT.
    Please also note in whichever way that you wish that the decision in the minutes of the last paper meeting was defeating a motion to have someone represent us at a MEDIATION at DOFT and not a hearing at CTTT. This is a confusion caused by Peter mixing up the two issues in the notice.
    I have attached a copy of my voting paper for your information and for Peter to record my vote.

  9. Committee secretly confirmed that Solicitor Adrian Mueller was not engaged to represent owners corporation in CTTT SCS 12/50460 on 2nd of September 2013,

    o) Failed to act upon Lot 158 complaints and evidence since 2012, including multiple offers for free mediation at Fair Trading NSW, and provided misleading statements to CTTT, knowing they were untrue,

    p) Allowed unfinancial owner to vote and be elected as members of the committee,

    q) Hid information about many owners voting against Solicitor Adrian Mueller’s engagement as per summary on 15th of May 2013,

    r) Email to BCS Strata Management and Solicitor Adrian Mueller on 4th of January 2013 stating that “Finally I believe that this matter has now separated into two parts - one being an attack on the MA and it may be important to ensure that Raine & Horne have independent legal advice as it is not the job of the OC to defend the actions of the MA”,

    s) Risks for well-being and safety of Lot 158 and his family due to continuous efforts to pervert the course of justice.

  10. You were given enough information by Lot 158 through Waratah Strata Management to raise your awareness of risks by engaging Solicitor Adrian Mueller and related legal parties in 2017, 2018, 2019, and 2020.

  11. In March 2017 you were made aware of CHU Insurance request for legal cost recovery in amount of $8,800.00.

  12. You became aware of Police Event E65804633 in 2018 and failed to render assistance for their investigations.

    You also became aware of Office of Legal Services Commissioner case for professional misconduct of Solicitor Adrian Mueller and failed to render assistance for their investigations.

  13. You failed to declare potential conflict of interest where Lot 88 has gas heating connection but did not provide evidence that it is not in use.

  14. You failed to perform Secretary duties since 2017.

  15. All Lot 158 statements in his Statutory Declaration in NCAT case 20/33352 dated 18th of August 2020 are true and verifiable.

  16. All Lot 158 Motions at AGM 2017, 2018, 2019, and 2020 are true and verifiable.

  17. You were offered cost-free options by Lot 158 to reason with strata manager, building manager, and members of the committee, which you declined each and every time.

  18. You are fully aware of many safety incidents that Lot 158 reported and you declined to attend to or investigate.

  19. You failed to fully inform owners about NCAT case 20/33352, publish information on notice boards or agendas of EC meeting and AGM 2020.

  20. You silently allowed long-term smoking in the basement of Block A which affected Lot 158 and refused to take action until it was enforced by Ryde Council.

  21. You silently allowed long-term illegal use of council land for unathorized parking and refused to inform owners about it.

  22. You are fully aware that Lot 158 is legal member of the committee and declined to inform owners about it.

  23. You are fully aware that Lot 158 was prevented access to most of strata files during document searchs on 13th of June 2017, 31st of May 2019, and 20th of September 2019.

  24. You are fully aware that committee and strata manager failed to respond to O’Brien Criminal & Civil Solicitors since 24th of April 2020.

  25. Mr. Robert Crosbie illegally represented SP52948 at NCAT 20/33352 Directions Hearing on 25th of September 2020, in spite of advance knowledge that no response was provided to O’Brien Criminal & Civil Solicitors in regards to validity of AGM 2019 since 24th of April 2020 and Motion 4 at committee meeting on 7th of May 2020 that stated “legal advice regarding Lot 158, including acceptance of barrister fee proposal - Subject to amendments required to the content of the costs agreement, the strata manager is instructed to sign the costs agreement under common seal for and on behalf of the Owners Corporation. The barrister is also to be requested to respond to the letter received from O'Brien Criminal & Civil Solicitors on behalf of Lot 158”.

  26. Mr. Robert Crosbie and you failed to act upon Lot 158 email dated 12th of August 2020, in order to avoid unnecessary expenses for owners for reprinting files in NCAT case 20/33352, to issue order to Solicitor Adrian Mueller to return strata files that does not belong to him and he did not have rights to obtain it in Fair Trading NSW case SM12/1537JR, CTTT case SCS 12/32675, and CTTT case SCS 12/50640.

  27. Mr. Robert Crosbie failed to provide SP52948 owners with copy of Solicitor Adrian Mueller’s and unnamed barrister’s Standard Costs Agreement since 5th of September 2019, in non-compliance with SSMA2015 Section 105.

  28. AGM 2019 had the following characteristics:

    • Only 18 owners were present in person (out of 218 properties),

    • 68 owners were listed as valid by Waratah Strata Management (50 via proxies),

    • Mr. Robert Crosbie changed the order of motions upon request by Mr. Moses Levitt, allowing Motion 14 to be voted before Motion 4 without disclosure in minutes of the general meeting,

    • Mr. Robert Crosbie stated that all 18 owners who were present in person at the general meeting were fully financial to vote before the meeting started,

    • 9 proxies were given to Lot 181, Mr. Stan Pogorelsky, who is not financial due to unpaid full levies and 10% simple interest for gas heating as per meeting on 26th of May 1999 (in total 10 owners not valid to vote),

    • 8 proxies were given to Lot 147, Mr. Moses Levitt, who is not financial due to unpaid full levies and 10% simple interest per each year for gas heating since 2001 (in total 9 owners not valid to vote),

    • 5 proxies were given to Lot 188, Mrs. Marianna Paltikian, who has undeclared gas heating and provided no evidence of its disconnection (in total 6 owners not valid to vote),

    • Lot 3, Mrs. Lorna Zelenzuk (Lot 3) has gas heating since 1997, not financial due to unpaid full levies and 10% simple interest per each year for gas heating since 1999,

    • Lot 62, Mr. Upali Aranwela (ex long-term Treasurer), not financial due to unpaid full levies and 10% simple interest per each year for gas heating as per meeting on 26th of May 1999,

    • Lot 148 has second gas connection as per approval on 13th of August 2007, disconnected on 9th of September 2019, not financial due to unpaid full levies and 10% simple interest per each year for gas heating since 2007,

    • Lot 163 has second gas connection at least from 2012 as per BCS Strata Management invoice sent in 2016, not financial due to unpaid full levies and 10% simple interest per each year for gas heating since 2012,

    • Lot 167 has second gas connection at least from 2012 as per BCS Strata Management invoice sent in 2016, not financial due to unpaid full levies and 10% simple interest per each year for gas connection since 2012,

    • Lot 182 not financial due to unpaid full levies and 10% simple interest per each year for gas heating since 2012,

    • Two proxy votes given to Waratah Strata Management (Chairperson), who, without tender or competitive quotes, approved own contract renewal five months before the official end of the contract (same happened at AGM 2017),

    • All meetings in 2019 and 2020, with exception of notice of An 2020, failed to satisfy the current Interpretation Act 1987 and SSMA 2015,

    • Lot 158 motions were primarily RATIFICATIONS OF CURRENT CONTRACTS AND MAJOR DECISIONS, by not approving them meant none of the events (including strata and building management contracts) are valid.

  29. You were given enough information by Lot 158 through Waratah Strata Management about two data losses at Waratah Strata Management (lost USB key and ransomware attack) that should have raised serious concerns for members of the committee,

  30. Waratah Strata Management provided you with evidence of the above events that was given to them as part of 2020 Fair Trading NSW mediation case 00351498 and NCAT case 20/33352,

  31. Waratah Strata Management provided you with evidence that they refused to add Motions for strata and building management contract renewals in spite of advance notice since 30 July 2020, preventing tenders for contracts valued at around $400,000.00 per year,

  32. Waratah Strata Management provided you with evidence that they refused to add Lot 158 Motions at AGM 2017, 2018, 2019, and 2020 without legal grounds.

(“the Action”)

Please note that if representatives of Lot 158 commence legal proceedings in order to require your performance of the Action (items listed above), this letter will be tendered in court as evidence of your failure to attempt to resolve this matter.

Further, you may be liable for any court costs, lawyer fees and damages, including punitive damages.

You might want to contact a lawyer to discuss your legal right and responsibilities.