Primary audience on the website are SP52948 owners (current and previous), tenants, investors, and potential buyers in strata complex.
The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...
The owner of the website was exposed to multiple threats and indimidation tactics by BCS Strata Management (until 31 January 2017) and Waratah Strata Management (since 1 February 2017), which included unsuccessful defamation attempts, false statements to owners in notices of the meetings, prevention of access to SP52948 strata documents (and even Strata Rolls), preventing the owner from conducting duties of committee member whilst allowing unfinancial owners to do it, supported verbal threats, stalking, and intimidation of the owners, and refusal to attend free mediations at NSW Fair Trading, whilst providing false statements to CTTT and NCAT through the same Solicitor.
Since early December 2024, after yet another refusal by Waratah Strata Management and committee members to attend free mediation at NSW Fair Trading, NCAT case 2024/00454780 was opened. Waratah Strata Management, as of late February 2025, still fails to disclose full information for owners:
SP52948-Lot-142-repetitive-water-leaks-and-ignorance-of-NCAT-case-2024_00454780-19Feb2025
NCAT-2024-00454780-001-Table-of-Contents-public
Here is how Waratah Strata Management and committee members forged date of publishing alleged committee meeting agenda (dated 24 January 2025) and minutes (dated 6 February 2025) and backdated them on their website on 20 February 2025 (after NCAT Directions Hearing), whilst minutes of that meeting were still not published on notice boards:
SP52948-Waratah-Strata-Management-forging-dates-of-committee-meeting-20Feb2025
SP52948-minutes-EC-meeting-6Feb2025-published-on-20Feb2025-public
Waratah Strata Management website without any information about alleged committee meeting agenda (24 January 2025) and minutes (6 February 2025) on 19 February 2025:
Waratah Strata Management website without any information about alleged committee meeting agenda (24 January 2025) and minutes (6 February 2025) at 07:53 hours on 20 February 2025 (just one hour before NCAT Directions Hearing):
SP52948-waratahstrata-Document-folder-page-1-morning-20Feb2025
Waratah Strata Management website with committee meeting agenda (24 January 2025) and minutes (6 February 2025) published belatedly on 20 February 2025 (after NCAT Directions Hearing):
SP52948-waratahstrata-Document-folder-page-1-afternoon-20Feb2025
These are some of the documents that Lot 158 requested Waratah Strata Management to share with all owners, which was, as expected, denied by the strata agency, whilst engaging Bannermans Lawyers at two Directions Hearings (6 January 2025 and 20 February 2025 without legally-compliant process - fraudulent process to conduct committee meetings on 6 January 2025 and 6 February 2025):
NCAT-2024-00454780-001-explanation-why-Lot-158-uses-phrase-lie-public
NCAT-2024-00454780-001-summons-committee-member-Stan-Pogorelsky-public
NCAT-2024-00454780-001-Bannermans-Lawyers-conflict-of-interest-and-disclosure-public
SP52948-Lot-158-warning-to-Bannermans-Lawyers-about-NCAT-case-2024-00454780-20Feb2025
SP52948 Lot 158 Motions for EGM/AGM 2025, whichever came first
Cordial invitation to Barrister Hussein Elachkar to attend NCAT case 2024/000454780 on 14 March 2025
On 20 March 2025, complaint was sent to NCAT about second non-compliance issue.
As of evening on 20 March 2025 at 19:45 hours, SP52948 did not provide any hard copies of responses, as listed in Directions Hearing Orders 4 and 5 on 20 February 2025:
We did not receive them in the letterbox,
We did not receive them in person,
We did not get any courier calls or messages.
This was a repeat of their failure to comply with NCAT Orders at Directions Hearing on 15 January 2025, where the respondent did not satisfy Orders 4 and 5 and to this day, the document that was allegedly sent by Bannermans Lawyers via express post never arrived (deadline was 12 February 2025 and today is 20 March 2025).
In addition, here is the status for other NCAT orders and correspondence as of 20 March 2025. Would a reasonable person consider Waratah Strata Management and committee members exhibiting utmost contempt of court in NCAT case 2024/00454780? Let these facts speak for themselves:
Application Notice, issued by NCAT on 6 December 2024.
Not published on six notice boards.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Notice of Directions Hearing Listing, issued by NCAT on 10 December 2024.
Not published on six notice boards.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
NCAT Orders issued at first Directions Hearing on 15 January 2025.
Not published on six notice boards.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Notice of second Directions Hearing Listing, issued by NCAT on 21 January 2025.
Published on notice boards on 28 January 2025 without full details of the case.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Notice of Hearing Listing, issued by NCAT on 3 March 2025.
Published on six notice boards 10 days after the NCAT listing.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Issues of summonses for Lot 181, Mr. Stan Pogorelsky, delivered by NCAT on 7 March 2025.
Not published on notice boards.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Before, during, and after second Directions Hearing on 20 February 2025, I requested that Bannermans Lawyers produce evidence of the following to the Tribunal and Lot 158 and they failed to do it:
Unredacted electronic copy of all email correspondence between SP52948 representatives and Bannermans Lawyers since 10 December 2024.
Unredacted electronic copy of email(s) that provided Bannermans Lawyers with signed version of their Standard Costs Agreement before attending Directions Hearing on 15 January 2025.
Unredacted electronic copy of email(s) that provided Bannermans Lawyers with minutes of committee meeting on 6 January 2025 before attending Directions Hearing on 15 January 2025.
Unredacted electronic copy of email(s) that provided Bannermans Lawyers with signed version of their Standard Costs Agreement before attending Directions Hearing on 20 February 2025.
Unredacted evidence that all owners were sent the full agenda for committee meeting (via email and Australia Post) in a timely manner before scheduled meeting on 6 January 2025.
Unredacted evidence that all owners were sent the full agenda for committee meeting (via email and Australia Post) in a timely manner before scheduled meeting on 6 February 2025.
Proof that agenda and minutes for meetings on 6 January 2025 and 6 February 2025 were published on Waratah Strata Management website before, on, and after the meetings in a timely manner.
Proof that minutes for meeting on 6 February 2025 were published on six notice boards before or on 20 February 2025.
Proof that the respondent engaged express courier to deliver printed files to Lot 158 before, on, or after 12 February 2025, as per Directions Hearing Orders received on 15 January 2025. The evidence must include proof of express courier payment, delivery to signature of the person who received your documents, date when these events happened, and evidence what Waratah Strata Management and committee members did when they received Lot 158 about missing documents on 14 and 19 February 2025.
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Of special importance was behaviour and actions (or more accurately, lack of proper actions by Mr. Stan Pogorelsky, who stays unrepentant till the final stage). He did not provide most of files as ordered by NCAT in the summonses, on top of having no evidence to refute statements about his un financial status for 25 years and other issues that make him unsuitable for committee membership.
NCAT response on 24 March 2025 was very clear and Lot 158 will use it against all parties attempting to represent SP52948 as respondents:
A party to proceedings must comply with directions made by the Tribunal.
Contact the other party and ask them to provide their evidence to you.
Failure to comply with a Tribunal direction may result in any material received after the specified date not being admitted into evidence.
Any outstanding issues relating to non-compliance with Tribunal directions should be raised at the next hearing.Negative balance (deficit) in Admin Fund in morning of 27 March 2025 was -$277,854.69 and insurance renewal for FY 2025 increased by 41.46% (covering FY 2025 only - one-year period, to ensure same calculations), whilst heavily UNDERINSURED total value of the complex in case of catastrophic events.
NCAT-2024-00454780-strike-out-Genelle-Godbee-statements-and-evidence-public-version-May2025
SUMMARY-NCAT-case-2024-00454780-and-latest-fire-safety-problems-1Apr2025
At third directions Hearing on 11 April 2025, SP52948 was not represented by any person and only Mr. Stan Pogorelsky attended for his non-compliance with issue of summonses.
The Tribunal member, who was accompanied by an unknown female witness, at the beginning of the session, asked Mr. Pogorelsky who was representing SP52948, and Mr. Pogorelsky stated that they (presumably committee members and Waratah Strata Management) felt they were not required to attend.
The Tribunal member failed to establish the fact that Mr. Pogorelsky, as a current committee member unless he recently resigned without public announcement, was legal representative for SP52948.
The Tribunal member did not establish the fact that Mr. Pogorelsky, as a committee member of SP52948, is considered a legal representative of the OC, acting on behalf of all owners.
Only Mr. Stan Pogorelsky attended this Directions Hearing, for his non-compliance with issue of summonses.
The summonses were issued by the NCAT Registrar on 7 March 2025, which, in spite of all efforts, Waratah Strata Management and committee members refused to publish or share with owners.
Once Mr. Pogorelsky failed to comply with the order, summonses and order for Directions Hearing were issued by the NCAT Registrar on 28 March 2025, which, in spite of all efforts, Waratah Strata Management and committee members refused to publish or share with owners.
After prolonged sessions, Mr. Stan Pogorelsky admitted not providing any of requested documents because "he did not have them" (including his own levy invoices), which was accepted by the Tribunal. In other words, he did not have to comply with the summonses:
After confirming that Mr. Pogorelsky did not provide any of the requested documents in summonses, the Tribunal member asked him if he had such documents, and Mr. Pogorelsky replied in the negative.
Mr. Stan Pogorelsky admitted not providing any of requested documents because "he did not have them" (including his own levy invoices) and was not responsible to have them, which was accepted by the Tribunal, in spite of clear knowledge in his "Witness Statement" dated 20 March 2025:
3. I am authorised by the owners corporation to make this statement on its behalf.
4. I made this statement from my own knowledge and belief, save where otherwise stated.His witness statement was then accompanied by Attachments 1 to 39. A logical question is then how he obtained those strata files, but could not do it for any of the files in summonses? And since he provided and literally affirmed those Attachments, is not his excuse (which is difficult to accept by any reasonable person) further proof of his negligence and dysfunctional operation of SP52948.
When it was suggested to the Tribunal to document Mr. Pogorelsky's statement about not having any of the documents, Tribunal allowed Mr. Pogorelsky to prevent NCAT to publish such information.
This is part of prepared oral submission to NCAT for Mr. Stan Pogorelsky's unpaid gas heating levies in period since 1999. His hidden debt to owners coporation is massive. In period from 21 July 1999 (when $200.00 was set for gas heating levies, and reconfirmed on committee meeting on 17 November 1999 (payable in advance on 1 December each year), to the day of AGM on 17 October 2019, Mr. Stan Pogorelsky owed SP52948 at least $13,091.39 in unpaid gas heating levies (including 10% interest per year). This figure grew to much larger debt since then:
SP52948-Stan-Pogorelsky-efforts-to-avoid-paying-gas-heating-levies-Apr2025
Debt by Mrs. Lorne Zelenzuk (who Mr. Pogorelsky defended at all costs) for unpaid gas heating levies in period since 1999 is much worse. In period from 21 July 1999 (when $200.00 was set for gas heating levies, and reconfirmed on committee meeting on 17 November 1999 (payable in advance on 1 December each year), to the day of AGM on 17 October 2019, Mrs. Lorna Zelenzuk owed SP52948 at least $16,447.02 in unpaid gas heating levies (including 10% interest per year). This figure grew to much larger debt since then:
SP52948-Lorna-Zelenzuk-efforts-to-avoid-paying-gas-heating-levies-Apr2025
Mr. Pogorelsky did not provide any valid evidence to refute or correct the above calculations.
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Lot 158 predicted behaviour of Mr. Stan Pogorelsky before third Directions Hearing occurred, sent one day before the session and updated several hours before the session:
NCAT-2024-00454780-Third-Directions-Hearing-risks-public-11Apr2025
And here is how Mr. Stan Pogorelsky acted at the Directions Hearing:
NCAT-2024-00454780-Stan-Pogorelsky-actions-at-Directions-Hearing-public-11Apr2025
These files were submitted by Bannermans Lawyers, Waratah Strata Management, and Mr. Stan Pogorelsky to NCAT case 2024/00454780 on 20 March 2025, showing to what extent strata managers went to ensure non-compliance with strata laws and regulations in regards to organising meetings - instead os proving their quality of work, these files prove their persistent misconduct (also, meetings were not sent to all owners, did not have detailed agenda, did not present massive negative balances in Admin Fund, and hid long-term fire safety non-compliance orders by City of Ryde). For one meeting, they even created agenda on Sunday evening!
NCAT-2024-00454780-non-compliant-meetings-in-SP52948-evidence
At Hearing on 22 April 2025, Mr. Stan Pogorelsky, Mrs. Jenelle Godbee, Waratah Strata Management, and Uniqueco Property Services denied any wrongdoings, and were represented by two Bannermans Lawyers who did not offer any evidence of their retainer.
Bannermans Lawyers were repeatedly asked to provide the following evidence, as they failed to produce signed Standard Costs Agreement three times at NCAT hearings:
15 January 2025, first Directions Hearing
20 February 2025, second Directions Hearing
22 April 2025, Hearing
Bannermans Lawyers hid the following not only from NCAT but all SP52948 owners too:
a) Signed version of your Standard Costs Agreement as they would have received from SP52948 representatives.
b) Date and time when they received the signed version of their Standard Costs Agreement.
For the record, their involvement in alleged major renovations for Lot 79 which started before approval at general meeting, and without updates to Consolidated By-Laws, were still ongoing, in its sixth month.
On 22 April 2025, after NCAT Hearing, the following demands were sent to Ms. Genelle Godbee, to justify her behaviour and false statements. She failed to respond:
Please provide full evidence for the following items you submitted in witness statements on and orally at the Hearing today:
1) Evidence that Solicitor Adrian Mueller, or someone on his behalf sent a letter or email to Lot 158 on 5 June 2024.
2) Evidence of criminal record at Burwood Court.
In addition, answers to these selected items:
3) Your actions since 25 May 2013, where you supported mediation without Solicitor engagement:
From: genelle_g Sent: Saturday, 25 May 2013 1:08 PM To: SP52948 Lot 98 Subject: Re: FW: MACQUARIE GARDENS : TIME FOR A 'CIRCUIT BREAKER'?
I am interested and agree with your suggestions. I too would be happy to "sit at a round table" but will be away in July, August and September.
Please send future emails to my new phone accessible email address: ...
Genelle Godbee
Unit 142
4) Evidence of your responses and actions in regards to Lot 158 complaints and reports of mismanagement, with special emphasis on:
Lot 158 letter of demand on 3 October 2020
Lot 158 email SP52948 Unfinancial EC members and other owners - second gas connection on 25 June 2017
Lot 158 email CHU Insurance claim and defamation of Lot 158 on 1 April 2017
Lot 158 email REQUEST - Prepare responses to Lot 158 at AGM 2024 on 5 November 2024
Lot 158 email SUMMARY NCAT 2024/00454780 and latest fire safety on 1 April 2025, including Lot 158 long-term common property issues.On 23 April 2025, Bannermans Lawyers (Ms. Ishita Rao, Ms. Jennifer Pham, Mr. Joseph Bannerman, and Ms. Arina Sian) were again approached with questions about their signed Standard Costs Agreement. They failed to respond:
They actually failed to respond since 20 February 2025:
Each day since 7 April 2025 (with photos from 26 April 2025) and even as late as 30 April 2025, six notice boards in the complex were empty and did not contain any information about alleged EGM (scheduled for 1 May 2025) and NCAT Orders made on 22 April 2025:
SP52948-Block-A-notice-board-26Apr2025 (video)
SP52948-Block-B-notice-board-26Apr2025 (video)
SP52948-Block-C-notice-board-26Apr2025 (video)
SP52948-Block-D-notice-board-26Apr2025 (video)
Since 22 April 2025, when NCAT issued the following Orders, such information was not given to any owner, not published on notice boards, and not published on Waratah Strata website:
How far Waratah Strata Management went is best proven through explicit usage of so-called “Unreasonable Communications”, discriminatory Special By-Law, as advised by Solicitor Adrian Mueller, which so far allowed Waratah Strata Management to ignore Lto 158 owners complaints nine times (listed in official strata documents whilst ignoring many more requests sent to them via emails or by post):
Motions 18 and 19 at AGM on 18 October 2018, with unqualified and baseless threats, preventing owners to have access to Lot 158 Motions and vote on them:
Motion 4 at committee meeting on 2 May 2019:
Waratah Strata Management secret email to Fair Trading NSW on 20 May 2019 (11 days before Lot 158 was scheduled for document search in strata manager’s office), confirming that Lot 158 was not allowed to have access to strata files including Strata Roll – email was fully supported by all members of the committee:
Motion 4 at committee meeting on 20 June 2019:
Motions 9 at AGM on 21 October 2019, with unqualified and baseless threats, preventing owners to have access to Lot 158 Motions and vote on them:
Motion 3 at committee meeting on 29 April 2021, with further false statements and threats against Lot 158:
Motion 6 at committee meeting on 10 February 2022 (notice of meeting not sent to all owners and minutes not published on notice board):
Waratah Strata Management email response on 16 June 2023, refusing to deal with serious SP52948 risks and insurance fraud:
SP52948-Waratah-Strata-Management-ignored-insurance-risks-and-mismanagement-16Jun2023
Waratah Strata Management agenda for AGM sent on 4 November 2024, whilst coercing owners to vote against Lot 158 Motions without discussions:
