Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Robert Crosbie |
| CC: | Stan Pogorelsky, Carlos Fornieles Montoya, Genelle Godbee, Jeffery Wang, John Gore, Moses Levitt, Lorna Zelunzuk, Marianna Paltikian, Maureen McDonald |
| Subject: | Re: OFFICIAL SUBMISSION: SP52948 Request for inspection of records on 15May2017 |
| Date: | 16/05/17 20:07 |
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Over 11,500 documents obtained on USB drive allegedly provided by BCS Strata Management after their contract was terminated on 31 January 2017. Analysis is undergoing. Number of documents that should be in the strata files are MISSING. Examples of missing documents:
Full financial statements and reports for years 2013, 2014, 2015, 2016.
Many documents and periods are still missing details. Evidence was either destroyed by BCS Strata Management and/or EC members, or undisclosed by Waratah Strata Management, whose staff Mr. Simon Wicks and Mr. Robert Crosbie used to work at BCS Strata Management and Pica Group (parent company of BCS Strata management) respectively.
Waratah Strata Management still refuses to publish Special-By-Law 4 for Lot 3:
Number of outstanding items that Waratah Strata Management and EC members are still not responding to:
Examples of other failed document searches in SP52948 in period 2012-2016:
SP52948-SSMA1996-S108-Document-Viewing-Undislosed-Files-BCS-Strata-Management-Nov2012.pdf
SP52948-SSMA1996-S108-Document-Viewing-Undislosed-Files-BCS-Strata-Management-17Oct2013.pdf
SP52948-SSMA1996-S108-Document-Viewing-Undislosed-Files-17Nov2014.pdf
SP52948-SSMA1996-S108-Document-Viewing-Undislosed-Files-BCS-Strata-Management-18Dec2015.pdf
SP52948-BCS-Strata-Management-pretending-to-care-about-NSW-SSMA-1996-S108-Jan2016.pdf
Hi Robert,
Thank you. Your comments are noted. Let's concentrate on matters related to strata.
As it is officially confirmed by you and witnessed by EC members that owners corporation does not want me to pay for inspection of strata documents before the visit, here is the date:
Tuesday, 13 June 2017 at 10:00 hours
Your written permission is now on record.
All strata documents are scanned or created in electronic form, so as long as they are fully available, I foresee no problems. Other documents, if they still exist in paper form, must be made available in any case.
Good strata agencies that I know and have impeccable reputation provide access to documents to owners without being asked. That ensures transparency and makes management easy, friendly, and smooth.
SSMA 2015 Section 43 is clear about duties of the Secretary of the EC, including document inspection:
http://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s43.html
And duties of the Treasurer:
http://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s44.html
SSMR 2016 Section 42 is also very clear:
QUOTE
Inspection of records
For the purposes of section 182 (3) (k) of the Act, the owners corporation must make available for inspection the accounting records and other records relating to the strata scheme that are kept by the strata managing agent.
END QUOTE
Finally, Strata Management Agency has duties and functions as described in the Property, Stock & Business Agents Regulations (Schedule 6 Clause 6).
At the end of the inspection, either you or Secretary of the EC will be requested to sign my summary of what I find so that there is record of what I say on the day and nobody can question or doubt. You then can decide to prove that the documents are available, or take no further action to help me get access to files that I and other owners share and own (and pay money for).
I forced Solicitor Mr. Adrian Mueller to do the same several years ago and have a document that is now becoming very valuable. If EC or you are not prepared to do it or refuse to do it, just provide an answer to this email.
Regards,
On 16/05/17 16:52, Robert Crosbie wrote:
Firstly, please have the courtesy to put your name at the end of your correspondence so we know who it is that is writing to us. You have used a number of different email addresses and it is not our responsibility to know who you are just from an email address that does not include your name.
At this point of time both of that dates you have requested are available for you to inspect the strata records. Please confirm which date you plan to attend.
As stated the inspection fees are $31 for the first hour and $16 per half hour thereafter. As the strata plan is registered for GST, GST will be charged on top of the stated fees. We charge $0.50 +GST per page of photocopying/printing. We are unable to provide you with an invoice at this time as the cost of your inspection is not currently known. You can pay by cheque or EFT at the conclusion of your inspection and we will then be provide with a payment receipt.
We will be making available all of the paper and electronic records provided to us by BCS. We have no knowledge of the completeness or accuracy of the records provided by BCS. We will also provide all of the paper and electronic records held by Waratah Strata Management. We will not be preparing any of the information you have requested below. This is up to you to extract that information from the strata records.
Regards,
Robert Crosbie
Waratah Strata Management
P.O. Box 125, Eastwood NSW 2122
-----Original Message-----
From: SP52948 owner
Sent: Monday, 15 May 2017 9:51 PM
To: Robert Crosbie
Subject: OFFICIAL SUBMISSION: SP52948 Request for inspection of records on 15May2017
In compliance with SSMA 2015 Section 182, I submit notice to the owners corporation with requests for inspection of records of owners corporation on one of the dates listed below:
Tuesday, 13 June 2017 at 10:00 hours
Friday, 16 June 2017 at 10:00 hours
Document viewing is requested through electronic access, as per SSMA 183(3).
As per SSMA 183(2), owners corporation must immediately give a written notice fixing a specified time within three days after receiving the application and no latter than 10 days after receiving the application.
For any document that owners corporation is not willing to provide, or plans to refuse my access to, I need a written statement.
Please send me PROMPTLY the invoice for the fee prescribed by the regulations so that payment can be made without delay. SSMR 2016 Schedule 4 lists fees at:
$31.00 and an additional $16.00 for each half-hour or part of half-hour after the first hour of inspection. I envisage two hours would be sufficient and any possible delays orchestrated by the strata agency will not be counted for payments.
Request to access strata documents:
1. Full accounting documents as audited by certified accountants for last five financial years ending 31 August in each year:
Debtor Financial Status
Cash Book Receipts
Cash Book Payments
Bank Reconciliation
Detailed Expenses (Transaction Records) for Admin and Sinking/Capital Works
Funds Cash Management Statement of Financial Position (electronic copy of bank statements of all strata accounts on the day of my visit for document viewing)
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Over 11,500 documents obtained on USB drive. Analysis is undergoing. Number of documents that should be in the strata files are MISSING. Examples of missing documents:
Full financial statements and reports for years 2013, 2014, 2015, 2016.
One of the shocking discoveries is the fact that second gas connection levies were not applied correctly for 17 years, which directly benefited selective owners and members of the Executive Committee:
SP52948-second-gas-connection-levies-unmanaged-for-17-years-as-of-Jun2017.pdf
BCS Strata Management managed strata files very poorly and seemingly destroyed or removed many files that belong to SP52948.
2. Full accounting documents for the current financial year up to the date of the inspection (counting backwards from June 2017):
Debtor Financial Status
Cash Book Receipts
Cash Book Payments
Bank Reconciliation
Detailed Expenses (Transaction Records) for Admin and Sinking/Capital Works
Funds Cash Management Statement of Financial Position
For the purposes of section 96, the 2016 Management Regulation prescribes additional accounting records that an owners corporation must keep, including consecutively numbered receipts, a statement of deposits and withdrawals for the owners corporation accounts, a cash record and a levy register (Clause 22).
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Over 11,500 documents obtained on USB drive. Analysis is undergoing. Number of documents that should be in the strata files are MISSING. Examples of missing documents:
Full financial statements and reports for years 2013, 2014, 2015, 2016.
BCS Strata Management managed strata files and accounting data very poorly and seemingly destroyed or removed many files that belong to SP52948.
3. Evidence that owner of Lot 3 Mrs. Lorna Zelenzuk reimbursed owners corporation in amount of $121.00 for water leak inspection, as per letter from BCS Strata Management dated 9 August 2012 in NCB Plumbing invoice number 30162 dated 26 July 2012.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Evidence of reimbursement by Lot 3 (current Secretary of the EC) not found in any document.
BCS Strata Management managed strata files and accounting data very poorly and seemingly destroyed or removed many files that belong to SP52948.
Details of secret Special By-Law, undislsoed to all owners and investors for 14 years:
This is what BCS Strata Management and Waratah Strata Management provide to owners and investors:
This is what Director of Wraratah Strata Management Mr. Robert Crosbie provided exclusively to me in March 2017 (it includes Special By-Law 4). However, Waratah Strata Management and EC members refuse to publish it for all owners and investors:
4. Invoices and payments for all insurance claims made for or on behalf of owners corporation in last five years (counting backwards from June 2017).
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Over 11,500 documents obtained on USB drive. Analysis is undergoing. Number of documents that should be in the strata files are MISSING.
BCS Strata Management managed strata files and accounting data very poorly and seemingly destroyed or removed many files that belong to SP52948.
5. Evidence of public liability insurance by owner of Lot 3 Mrs. Lorna Zelenzuk as per Special By-Law 4 for the last five years (counting backwards from June 2017).
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Apart for details in 2012 that I forced Lot 3 to provide through CTTT case, no other evidence was found for any other period.
Not only the evidence does not see to exist, but BCS Strata Management, Waratah Strata Management, and EC members fail to issue Notice of Non-compliance, which in other events they are happy to report:
SP52948-issue-notice-of-non-compliance-By-Law-1-EC-meting-10Sep2014.webp
BCS Strata Management promised to follow it up with Lot 3 several times and never delivered any outcome.
Current lack of evidence to prove to the contrary suggests that Lot 3 has been in non-compliance with Special By-Law 4 for 13 years.
6. Correspondence provided by BCS Strata Management and the owners corporation in regards to Department of Fair Trading file 7563482 in 2015, in which allegedly they notified DFT about full compliance with SSMA 1996 S108.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Found in "Dispute Management or Special" folder. Finally confirmed that BCS Strata Management provided false statements to the Department of Fair Trading repeatedly:
The same request was silently denied whilst BCS Strata Management was in office in 2015 and repeadly requested in 2016 too:
SP52948-SSMA1996-S108-Document-Viewing-Undislosed-Files-BCS-Strata-Management-18Dec2015.pdf
7. All invoices with fully itemised billing by Solicitor Mr. Adrian Mueller in period 2012 till June 2017.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Number of invoices contain no itemized billing details.
Some invoices and correspondence, including Standard Cost Agreements, are missing.
8. Register of owners with additional gas connections in buildings and townhouses and dates since the levies for them should apply.
9. Evidence of repayments for additional gas connections for previous years from all owners in buildings and townhouses for whom this applies. Of special interest are current and previous EC members:
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 (since 1999)
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
One of the shocking discoveries is the fact that second gas connection levies were not applied correctly for 17 years, which directly benefited selective owners and members of the Executive Committee:
For some of them, the details of the installation of the second gas connection are unknown, so it is difficult to ascertain if the specific EC member was involved in avoiding levies and for how long (for example Lot 192).
Mrs. Lorna Zelenzuk, Lot 3 (Ex-Chairperson and current Secretary)
Mr. Upali Aranwela, Lot 62 (Ex-Treasurer)
Mr. Stephen Luxmoore, Lot 144
Mr. Moses Levitt, Lot 147
Mr. Ron Craig, Lot 163 (deceased)
Mr. Stan Pogorelsky, Lot 181 (current Chairperson)
Mrs. Marianna Paltikian, Lot 88
Mr. Kosta Akanis, Lot 192
The four EC members alone (Mrs. Lorna Zelenzuk Lot 3, Mr. Upali Aranwela Lot 62, Mr. Moses Levitt Lot 147, and Mr. Stan Pogorelsky Lot 181) owe to owners corporation around $10,000.00 (plus 10% interest applied in each year) in UNPAID GAS LEVIES for the period of at least 15 years. It also means they were UNFINANCIAL and could not make any decisions at general meetings.
SP52948-second-gas-connection-levies-unmanaged-for-17-years-as-of-Jun2017.pdf
BCS Strata Management managed strata files very poorly and seemingly destroyed or removed many files that belong to SP52948.
10. Evidence of responses to BCS request dated 14 April 2014 in regards to owners who had to complete a form with information about presence or absence of gas heating connection in their residence, including when the installation was completed and the capacity of the appliance attached to the connection.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Evidence finally obtained, after six years of requetsion it continuously.
Only four owners declared the second gas connection, although around 20 have been found to have it.
Some invoices and correspondence, including Standard Cost Agreements, are missing.
12. Evidence of list of owners with additional gas connections as confirmed in the minutes of EC meeting held on 10 September 2014.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Undeclared to owners. Only three owners listed and details provided only to EC members.
13. Evidence that the following owners disconnected second gas connection, as per audited accounting data for period 1 September 2009 to 31 September 2010:
Lot 62
Lot 102
Lot 147
Lot 148
Lot 175
Lot 192
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Such evidence is missing in strata files.
14. Evidence that owner of lot 88 does not have active second gas connection, as approved on 19 September 2013 to Ms. M Gaits.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Such evidence is missing in strata files.
15. Evidence that owner of lot 168 Mr. Peter Friede reimbursed owners corporation correct amount for second gas connection ($220.00 GST inclusive per annum) as documented in all official correspondence except incorrect minutes of EC meeting held on 28 August 2013 which wrongly stated that the levy was $55.00 per annum.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Evidence shows that Lot 168 did not reimburse owners corporation the correct amount in levies.
16. Evidence of townhouses that have second gas connections but were receiving reimbursements for private gas usage for many years:
Lots 194, 199, 206, and 209
Evidence of repayments for claimed personal gas usage reimbursements claimed by these four townhouse owners for all years they should not have applied.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Evidence shows that townhouse owners did not repay owners corporation for illegal claims.
17. Evidence of all repayments for received private gas usage for townhouse 213. 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.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Evidence shows that townhouse 213 was paid for private gas usage from common funds illegally and without aproval by the owners corporation in all years since 1999.
18. Evidence of response by lot 194 who was fully informed about requirement to have second gas meter for the hot water tank, dated 28 March 2011.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Evidence shows that townhouse 194 ignored advice by Strata Managing Agent to install second gas meter for additional connection. In addition, townhouse 194 was ilegally reimbursed for private gas usage from common funds.
19. All monthly Building Manager’s reports as per contract signed by two EC members on behalf of owners corporation on 5 December 2014, including photo proofs of damages and faults.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Some monthly reports are missing. In majority of reports, no photos as proofs of damages are included in spite of many large damages of common property in the complex.
20. All Service Reports or full Six-Monthly Reports by ThyssenKrupp Elevators for the last five years (counting backwards from June 2017).
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
All reports since late 2014 are missing.
21. Paperwork for last five AGMs including proxy papers, and ballots. Of special interest is the calculation of valid owners to vote at general meetings who were financial at the time of the meeting in accordance with Clause 10(8) of Schedule 2 of the Strata Schemes Management Act 1996 (includes the settlement of all levies and dues to owners corporation).
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Financial documents show that most of EC members and number of other owners were unfinancial at general meetingrsa due to unpaid or incorrectly paid levies for second gas connection, water and gas reimbursements for private usage that were applied without disclosure and in inequitable manner.
It was also uncovered that undeclared and rigged ballots were run at general meetings, in non-compliance with strata laws.
22. Details of official signatories who can withdraw from SP52948 strata funds.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Not found in any document.
23. Proof that long-standing EC member from Lot 218 Mr. Jeffery Wang paid all levies, as per outstanding contributions letter sent to him on 20 October 2014 in amount of $1,450.40 before the AGM 2014.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Due to missing documents, this information is still outstanding.
24. The EC meeting held on 12 February 2014 stated that the service provider failed to install number of LEDs, although they had charged owners corporation for the work. Since that meeting, owners never received an update if Strata Manager resolved the issue of undelivered service.
EC member Mr. Moses Levitt was delegated duty to investigate it. Over the last four years, (2013-2017) undisclosed expenses for various lights replacements and “improvements” amounted to above $70,000.00.
Provide document with EC member from Lot 148 findings and actions.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Not found in any document.
25. Evidence of valid legal contract and earnings credited to owners corporation by "allowing" BigAir Group to run wireless services in our complex.
Proof of BigAir Group reimbursements for electricity usage in the complex.
All correspondence with BigAir in period 2012-2017, including undisclosed legal costs.
All correspondence with Office of Telecommunications Ombudsman and Australian Communications and Media Authority in period 2010-2017 (if applicable).
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Lot of documents missing or destroyed.
Latest email correspondence between Waratah Strata Management and BigAir shows that owners corporation continutes to allow BigAir to run unauthorised business on the premises:
26. Disclose all rebates and commissions for the renewal of electricity supply dated 8 July 2015.
Strata Manager Mr. Simon Wicks, who was removed from managing SP52948 in 2011, and has confirmed history of mismanagement, was approached by Energy Action to renew electricity supply contract for number of strata plans as early as 11 March 2015. Mr. Simon Wicks was not an official representative of SP52948 since 2011.
There is no evidence that any other EC member was involved in decision to engage Energy Action, and in period since 4 March 2015, EC conducted no official meetings that were reported to owners corporation (apart from short meeting on 4 November 2015, straight after the Annual General Meeting).
Strata Manager Mr. Gary Mills, without official decision at General Meeting, or official decision by the Executive Committee, signed the electricity supply contract for three-year period on 8 July 2015, two months before the expiration of the contract. No owner received any information about it.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
No details of such rebates or commissions found in any document, in spite of fact that Mr. Simon Wicks is now employed by Waratah Strata Management (moved from BCS Strata Management in February 2016).
27. Copies of three quotes and evidence of decision made by EC which provider to engage in regards to replacement of hot water tank in Block C in January 2017. Three quotes were confirmed by maintenance staff.
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.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Not found in any document.
At the meeting with Director of Waratah Strata Management Mr. Robert Crosbie nearly March 2017 current maintenance staff told us (in person) that he had three quotes for this work. I challenged him to provide them. I also followed it up via email. A reply was that EC members had copies. So far, his statements are not backed up by any evidence.
28. Evidence of multiple quotes for the following work:
Kintyre roof membranes in Blocks B and D that were completed at cost of close to $170,000.00 (GST inclusive),
Creditor Doc.No. Doc.Date Doc.Total Date Presented Comments
KINTYRE BUILDING SERVICES 42493A 11/12/2015 $7,785.00 11/02/2016 Block D: roof membrane fourth part
KINTYRE BUILDING SERVICES 42493 11/12/2015 $25,000.00 21/12/2015 Block D: roof membrane third part
KINTYRE BUILDING SERVICES 42215 2/11/2015 $32,786.00 23/11/2015 Block D: roof membrane second part
KINTYRE BUILDING SERVICES 42081 7/09/2015 $43,714.00 16/10/2015 Block D: roof membrane first part
KINTYRE BUILDING SERVICES 36682 27/02/2015 $35,613.60 10/03/2015 Block B: roof membrane second part
KINTYRE BUILDING SERVICES 38330 19/01/2015 $23,742.40 09/02/2015 Block B: roof membrane first part
KINTYRE BUILDING SERVICES 26576 27/03/2012 $28,892.00 05/04/2012 Block A, B, C, D and townhouses
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Not found in any document.
29. Evidence of who approved and managed secret cash advance from BCS parent company PICA Group before AGM 2014 and repayment on 25 March 2015, in amount of $20,745.50.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Not found in any document.
Previous evidence that I had collected two years ago was seemingly removed from strata files:
SP52948 secret cash advance from Pica Group (parent company of BCS Strata Management) in 2014/2015
30. All payments and correspondence in regards to CHU Insurance claim for "CTTT Defence of Lot 3" dated 19 October 2016, that was known to BCS Strata Management since 19 October 2016 and Mr. Robert Crosbie at Waratah Strata Management at least since 11 January 2017.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Single document obtained allegedly confirming that owners corporation repaid CHU Insurance in amount of $8,800.00.
31. Copies of all quotes, including warranties, for painting of buildings as reported at AGM 2016.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Documents obtained. Quotes do not contain details of warranties.
32. Copies of all quotes for painting supervisor engagement as reported at AGM 2016.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Incomplete documents obtained.
33. Evidence of all payments by owners and/or visitors who damaged common property for the last five years, like gate to the basement and recent fence near the garbage room.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Incomplete documents obtained.
34. Strata roll.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Document obtained.
35. Copies of all quotes for engagement of legal advice for preparation of new By-Laws.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Document obtained. EC members, through Waratah Strata Management, secretly requested it ONLY on 8 June 2017 from Jane Crittenden Lawyer, although they enagged the services beforehand.
36. Copies of Standard Costs Agreement and Disclosure for all legal engagements in last five years, including current review of the By-Laws.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Documents obtained.
37. Evidence that five private lattices in front of townhouses Lot 194, Lot 197, Lot 199, Lot 202, and Lot 216 were approved at any public EC or general meeting and that they meet the appearance of uniform look of the complex.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
No documents found.
38. Correspondence between EC and Ryan Strata which was not allowed to be listed in the agenda of AGM 2016 in spite of properly submitted quote for strata management contract four months earlier.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
No documents found.
39. All professional building reports for SP52948 commissioned and paid in the last five years (counting from June 2017 backward).
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
Documents obtained. All of them have been kept secret from owners corporationi.
40. Evidence of which members of the EC authorised these insurance claims for "CTTT Defence of Lot 3" on behalf of owners corporation:
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
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
No documents found. Evidence destroyed or removed from strata files.
41. Copy of register of items that are not common property any longer and dates from which they apply.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
No documents found.
Some of the items that BCS Strata Management, Waratah Strata Management, and EC members do not wish to dislose in register of items that are not common property any longer:
Special By-Law 4 for exclusive rights to common property granted to Lot 3 (ex-Chairperson and current Secretary of EC) in January 2003
Special By-Law 10 for exclusive rights to common property granted to Lot 136 and 137 in May 2012
Five private lattices in front of townhouses Lot 194, Lot 197, Lot 199, Lot 202, and Lot 216 (not approved at any meeting)
EC meeting 15 August 2007: Lot 135 application for solar film on windows
28 March 2011: Townhouse 194 requested new gas boiler and separate gas meter (not confirmed if the owner installed them)
EC meeting 4 February 1998: Lots 177 and 183 approved to install double-glaze windows (By-Law allegedly planned for general meeting but never eventuated)
EC meeting 17 March 1998: Lot 62 approved to install double-glaze windows (By-Law allegedly planned for general meeting but never eventuated)
EC meeting 17 March 1998: Townhouse 219 approved to install polycarbonate sheeting as pergola cover and installation of air-conditioning unit
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
EC meeting 19 August 1998: Townhouse 206 approved to install polycarbonate sheeting as pergola cover
EC meeting 14 February 2001: Application by owner of Townhouse 210 and EC decision for gas connection not to pay for future connection (service) fees
and much more
42. Evidence of which members of the EC approved to extend the owners corporation QBE insurance policy through Gallagher Broking Services on 1 August 2012 and submit the first claim for "CTTT Defence of Lot 3" one week later.
Comments by SP52948 owner after visiting Waratah Strata Management on 13 June 2017:
No documents found.
Thank you.
PS. Waratah Strata Management and its staff are personally responsible for contents published on their web site. Refusal to publish correct version of SP52948 By-Laws cannot be passed to any other party.
On 04/05/17 16:43, Robert Crosbie wrote:
We advise the following correspondence will be tabled and discussed at the next available committee meeting. We will provide a further response once instructions have been obtained from the committee at that meeting.
Regards,
Robert Crosbie
Waratah Strata Management
P.O. Box 125, Eastwood NSW 2122
-----Original Message-----
From: SP52948 owner
Sent: Sunday, 30 April 2017 10:32 AM
To: Robert Crosbie
Subject: REMINDER: SP52948 Still Missing Special By-Law 4 on Waratah Strata Management web portal on 30Apr2017
Short reminder:
Your note in the minutes of the EC meeting held on 20 April 2017 in regards to updated By-Laws of SP52948 is misleading and deliberately misconstrued.
It affects all owners who allegedly have access to strata documents and also potential investors who need to have correct information before purchase.
I am not going to allow ANYONE to use my name or be part of the efforts for misleading or dishonest representation of the complex. In addition, consumers' laws are very clear:
https://www.accc.gov.au/consumers/misleading-claims-advertising/false-or-misleading-claims
Even if there were no laws in this regards, there is still something called human decency and respect for others (taught in schools, all religions, and so on).
Your website is one of the worst in regards to amount of information given to owners.
It does not include any scans of invoices, receipts, quotes, tenders, EC members' correspondence, owners' inquiries and complaints, monthly or at least six-monthly financial reports, income and expenditure reports, legal costs disclosures, and much more. And that is not OK for a complex that collects million dollars a year in levies alone!
In spite of THREE reminders to EC members and you, your web site still does not include Special By-Law 4 in regards to Lot 3 (EC Secretary, Mrs. Lorna Zelenzuk). The question is who is being protected and why?
Ordinary user can make up their mind about it.
Here are proofs:
a) Status of documents for SP52948 on 30 March 2017:
b) Status of documents for SP529458 on 3 April 2017:
c) Status of documents for SP529458 on 30 April 2017:
It can easily be seen that latest updates to By-Laws were on 6 March 2017.
Apart from giving me a new copy that included Special By-Law 4, and putting them on notice boards in the complex, the By-Laws on your web site are still wrong. Plain and simple.
Since EC members failed to enforce this, I kindly ask that you make the website update immediately.
