Hi,
1. The minutes of EC meeting held on 20 July 2017 just got
published.
In spite of warnings, EC members and Waratah Strata Management
again failed to comply with strata laws.
In June 2015, I had to make drastic step and ask maintenance staff
member, who kept following my wife in insecure areas
of the complex. In March 2017, I mentioned it to EC member Lot 88,
who took no action (in fact, she personally told me she had
employed him elsewhere).
2. On 25 June 2017, I submitted official request for Extraordinary
General Meeting to EC members and Waratah Strata Management, along
with Motions, proposed new By-Laws that enforce equal rights for
all owners, and right to inspect all strata files for all
owners.
They had duty to respond with positive or negative comments. So
far: silence from them.
The request for EGM is based on fact that most of current EC
members are ILLEGAL and the fact that AGM 2016 was conducted in
non-compliance with strata acts, including undisclosed and
irregular ballot paper prepared in advance.
3. The outcome of my visit to Waratah Strata Management on 13 June
2017 proved that EC members (especially Secretary of the EC Lot 3)
and strata agency failed to provide access to all documents. Only
two possibilities exist:
The documents are hidden, or
The documents are destroyed
http://www.nswstratasleuth.info/SP52948-Outcome-of-request-for-inspection-of-records-at-Waratah-Strata-Management-on-13Jun2017.html
4. There was a secret EC meeting on 30 June 2017 that failed to
comply with SSMA 2015 (see details below). EC members and Mr.
Robert Crosbie decided not to disclose it to owners.
Even if the meeting had been rushed, they had legal obligation to
publish minutes of such meeting within seven days, which they
failed too (and you did not receive a copy of it so far).
The agenda of the meeting scheduled on 20 July 2017 had to be
comprehensive and informational for all owners.
This is third EC meeting that fail various strata act sections
since 1 February 2017 when Waratah Strata Management took
office.
5. Current appearance of the complex:
http://www.nswstratasleuth.info/Macquarie-Gardens-photos/gallery/index.php?/category/64
...along with how complex looked when the building painting
started:
http://www.nswstratasleuth.info/Macquarie-Gardens-photos/gallery/index.php?/category/62
Questions raised to Waratah Strata Management and EC members are
still open:
http://www.nswstratasleuth.info/Waratah-Strata-Management/ANNOTATED-SUMMARY-for-Waratah-Strata-Management-on-SP52948-Open-Issues-and-still-undisclosed-Special-By-Law-for-Lot-3-and-photos-of-the-complex-17Mar2017.html
For the record, I still claim I am the one pushing for repairs and
proper management for years.
http://www.nswstratasleuth.info/SP52948-Special-Levies-Looming-Due-to-Mismanagement-by-BCS-Strata-Management-May-2015.pdf
6. EC members and Waratah Strata Management conveniently refuse to
let you know that levies for second gas connections were $220.00
since 1999 (see attachment). Hence, their avoidance to pay back is
directly affecting the budgets that they expect other owners to
cover.
One of the occasional EC members, Mrs. CG, for example, did not
want you to know that she paid for her gas levies in 2016 for years
2012 and 2013.
7. Special By-Law 4 for EC member Lot 3 is still not published.
Four insurance claims for alleged "CTTT defence of Lot 3" were
logged without owners corporation knowledge or approval during
2012, and 2013, although there was no such case at CTTT:
$367.64 on 31 August 2012
$12,714.65 on 7 December 2012
$1,320.00 on 26 April 2013
$10.517.02 on 4 June 2013
All four insurance claims are alleged to be fraudulent as owners
corporation did not defend or even wished to defend a private owner
(in this case an EC member who benefited from exclusive rights to
common property).
The insurance policy for my strata complex was changed secretly by
BCS Strata Management and EC members and first claim made with CHU
Insurance within a month in late August 2012.
Four years later, CHU Insurance forced onwrs corporation to pay
back $8,800 for Lot 3.
Lot 3 obtained exclusive rights to common property in 2003 through
what is alleged to be fraudulent count of proxy votes (paper
meeting, attended by no owner in person) and Special By-Law
registered with the Department of Land NSW several months
later.
Lot 3 hid evidence that she did not pay second gas connection
levies for 15 years until 2015 and even then, not full settlement
of levies was completed. That made her invalid to vote at any
general Meeting since 1998 when she installed her second gas
connection without evidence of approval.
Similar applies to number of other EC members and owners.
8. Preventing my proposals for By-Laws is actually not what
Solicitor Adrian Mueller advised. Here is an extract from 2014.
Waratah Strata Management and EC members keep on wasting owners
corporation funds for one reason only: to prevent investigations
against them.
Waratah Strata Management and EC members "approved" legal costs for
review of By-Laws three months after EC meeting, one week before my
visit to check strata documents. This is an example of how little
owners know about management of the complex.
9. Up to now, EC members and strata managers claimed we are
"floating" in abundance of funds.
As I proposed to decrease levies for owners who pay on time by 10%,
they are now claiming it would endanger the complex.
The fact is, if the funds had been properly managed, we would have
been in perfect financial position.
One way or another, proposal for 10% decrease in levies must go to
AGM.
10. I was a member of EC for several years, and had full trust in
colleagues. Most of them claimed they had great "business acumen"
and I believed it without checking in detail. That was my mistake.
Once I found out holes in their actions, I became persistent in
verifying them.
Evidence speak for itself:
http://www.nswstratasleuth.info/SP52948-BCS-Strata-Management-persistent-bullying-of-owner-in-order-to-prevent-investigations-against-their-mismanagement.pdf
Regards,
On 16/07/17 17:04, SP52948 owner wrote:
Forgot to add for the pending EC meeting next week.
I request an official response by the Secretary of the EC in the
minutes of the meeting on 20 July 2017. That is on top of
unanswered items in:
http://www.nswstratasleuth.info/Waratah-Strata-Management/ANNOTATED-SUMMARY-for-Waratah-Strata-Management-on-SP52948-Open-Issues-and-still-undisclosed-Special-By-Law-for-Lot-3-and-photos-of-the-complex-17Mar2017.html
1. Agenda for the EC meeting to be held on 20 July 2017 fails to
provide detailed information - in non-compliance with SSMA 2015,
Schedule 2, Part 2, Section 7.
2. Agenda for the meeting on 20 July 2017 deliberately withheld
information of the LAST EC meeting, which was held on 30 June
2017.
3. The agenda for that meeting was NOT SENT to all owners - in
non-compliance with SSMA 2015, Schedule 2, Part 2, Section 4(1) and
(2), and Section 7.
4. The minutes of this EC meeting were NOT DISTRIBUTED to all
owners -in non-compliance with SSMA 2015, Schedule 2, Part 2,
Section 17(3).
In fact, by not providing all owners with the agenda, Waratah
Strata Management and EC members ensured that such owners could not
even request minutes of the meeting!
5. For the record in the minutes of the meeting on 20 July 2017, I
vote against all Motions due to lack of information. As an
example:
Details of the elevator maintenance contract with Liftronic that
was already "approved" without owners corporation knowledge at
paper EC meeting on 30 June 2017:
LIFT CONTRACT
Resolved that the Lift Maintenance Tender summary report provided
by Thomson Elevator
Consultancy Services was tabled and accepted.
Further resolved that the (lift maintenance) quotation provided
Liftronic Pty Ltd at a cost of
$24,400 + GST be accepted.
6. The minutes of the EC meeting on 20 July 2017 must record that
ONLY five EC members attended the paper meeting and approved :
Carlos Fornieles Montoya
Moses Levitt
Maureen McDonald
Stan Pogorelsky
John Gore
On 14/07/17 18:24, SP52948 owner wrote:
