Waratah Strata Management, with co-operation by Uniqueco Property Services, organised number of major renovations in SP52948 either without approvals at general meetings, or with approvals which did not comply with strata laws, causing excessive nuisance to owners, including noise and OH&S risks (dust, pollution).
All attempts to reason with Waratah Strata management and Uniqueco Property Services were ignored by them.
Since 2017, Waratah Strata Management mismanaged owners' funds to register updated SP52948 Consolidated By-Laws four times:
SP52948-Consolidated-By-Laws-30Oct2017
SP52948-Consolidated-By-Laws-Including-Special-By-Law-11-Unreasonable-Communications-26Oct2018
Special By-Law 12 for renovations was itself changed three times:
SP52948-Special-By-Law-12-renovations-registered-26Oct2018
Special By-Law 12 was updated and new Special By-Law 13 added in early February 2021:
SP52948-Special-By-Law-12-and-13-renovations-registered-1Feb2021
Special By-Law 13 was updated in November 2022:
In 2018, Lot 158 questioned Crittenden Lawyers about their involvement in SP52948 by-laws review in 2017 and 2018. They never replied:
Lot 158 obtained information about their paid invoices in 2018, although figures for their work in 2017 were kept secret by Waratah Strata Management until Lot 158 conducted paid document search on 31 May 2019 and finally found figure for 2017:
30 October 2017: $1,972.60 (excl GST)
2 October 2018: $1,537.60 (excl GST)
12 November 2018: $168.73 (excl GST)
For the record, Solicitor Adrian Mueller was also heavily involved in by-laws review and activities to illegally disallow Lot 158 Motions at AGM 2017, and even prevented Police investigations in 2018:
11 December 2017: $750.00 (excl GST)
11 December 2017: $1,750.00 (excl GST)
11 December 2017: $2,700.00 (excl GST)
28 May 2018: $350.00 (excl GST)
Solicitor Adrian Mueller has special privileges in SP52948, whilst preventing Police, NSW fair Trading, CTTT (now NCAT), and Office of Legal Services Commissioner to investigate his criminal conduct and professional misconduct:
Every major renovation since February 2021 imposed some costs to owners requiring it:
Application fee in amount of $120.00 (plus GST) for the strata manager to review the application, search by-laws and obtain instructions from the strata committee
Bond in amount of:
$1,000.00 if total cost of works is less than $20,000.00
$5,000.00 if total cost of works is less than $20,000.00
Consolidated By-Laws allegedly approved and registered on 17 November 2022,require Lot owners to remove all tools, building materials and debris from common property at the end of each day and during the course of the works. The By-Laws also require such owners to clean all dirt, dust and debris from common property at the end of each day during the course of the work, and at the conclusion of the works:
Evidence exist that Waratah Strata Management and Uniqueco Property Services failed to enforce the By-Laws, as example of rubbish bin during Lot 72 renovations on 31 August 2023 showed:
Evidence exist that Waratah Strata Management and Uniqueco Property Services failed to enforce the By-Laws, as example of rubbish bin during Lot 7 renovations on 22 January 2024 showed:
Every major renovation since November 2022 imposed additional costs to owners requiring it. To summarise:
Application fee in amount of $120.00 (plus GST) for the strata manager to review the application, search by-laws and obtain instructions from the strata committee
Bond in amount of:
$1,000.00 if total cost of works is less than $20,000.00
$5,000.00 if total cost of works is less than $20,000.00
Legal costs in amount of $500.00 for registering updates to Consolidated By-Laws
Strata manager's reasonable costs for holding a general meeting to approve the major renovation (including printing and postage of agendas and minutes) and the costs of preparation and attendance at that meeting
Waratah Strata Management and committee members did not provide evidence that such fees were ever paid by owners requiring major renovations. This is especially impoirtant due to fact that owners corporation suffers from extreme financial problems:
SP52948-negative-trends-with-Admin-Fund-under-Waratah-Strata-Management
At Extraordinary General Meeting on 30 November 2023, Waratah Strata Management deliberately disallowed Lot 158 Motions for being considered by owners. Such actions by the strata manager Mr. Heath Crosbie assisted in criminal activities, supported fraudulent tender for building management contract, hid serious financial mismanagement, and continued with poor maintenance of the complex (including OH&S and fire safety issues):
Updated Consolidated By-Laws were allegedly approved at Annual General Meeting on 22 October 2020 but not registered until 1 February 2021, allowing Lot 157 to proceed with majore renovations against new by-laws.
General meeting did not satisfy requirements for quorum and allowed unfinancial owners to vote and be elected as committee members; Waratah Strata Management complied with plan by Solicitor Adrian Mueller to prevent Lot 158 Motions at the general meeting, coercing owners to vote against ratification of past events; Admin Fund had positive balance of only $14,411.82, but three days later on 31 October 2020 it showed balance of only $8,368.92 without disclosure to owners; Waratah Strata Management prevented the following competitive quotes from tenders for strata and building management: Strata Excellence, Strata Title Management, Netstrata, Curtis Strata Cleaning, Forte Asset Services, Clean and Secure Building Management, Jim's Mowing).
Lot 157 extended major renovations three times: from 4 to 29 January 2021, from 23 to 26 February 2021, and from 1 to 5 March 2021:
Emails sent to Waratah Strata Manegement were met with their silence:
Prolonged noise during Lot 140 major renovations in November 2022 without decision at general meeting:
On 10 January 2022, ex-committee member Lot 151 (Ms. Maureen MacDonald) installed gate with lock on colorbond fence towards external gardens. Since this is a fence dividing the owner's Lot and common property, the responsibility for this fence is shared equally between that particular Lot 151 and the owners corporation – gates located in this area are treated in the same way.
The new colorbond door was prepared on 21 December 2021:
The common property attached to Lot 151 was changed with the installation of a new colorbond door as shown on 10 January 2022:
Lot 151 reguarly opens her new colorbond door, towards backyard area of Block A where children play on most days and other occupants walk as shown on 10 March 2022. This door also allows unregistered visits to her properly by maintenance staff and others without being recorded on CCTV which applies when going through foyer of the building:
There was no pressing need to install the gate in Lot 151, whilst in other areas around the complex, long-term neglect is ignored. Example of colorbond fence disconnected from the wall and leaning outwards in Lot 147 (ex-committee member Mr. Moses Levitt):
Lot 151 must be invoiced for at least 50% of agreed total cost. In addition, approval to change common property for Lot 151 was not documented in any Minutes and such decision was not made at any legally convened meeting. That is especially important due to fact that Admin Fund balance had negative balance of $53,036.39 three days earlier, on 7 January 2022:
That balance further worsened:
SP52948 had Admin Fund negative balance of $203,914.85 on 27 October 2022 - day of Annual General Meeting, and Lot 158 provided these instructions to its proxy, Lot 151 (Ms. Maureen McDonald) how to vote on 27 October 2022 (it is important to highlight that Waratah Strata Management did not provide Auditor's Report in agenda for the general meeting and even as late as one day before the meeting such report was not made available on Waratah website; at the same time Waratah Strata Management was asking for its contract renewal without any tender or disclosure that three previous contracts had been signed by unfinancial owners who were allowed to vote and be on the committee in full non-compliance with strata laws and regulations):
SP52948-Lot-158-proxy-form-with-voting-instructions-for-AGM-2022
Instead, Waratah Strata Management published first version of the Motions, which was incomplete due to lack of data for insurance premiums and Admin Fund balances:
At Annual General Meeting on 27 October 2022, based on flawed advice by Solicitor Adrian Mueller, Waratah Strata Management denied owners to vote on irrefutable evidence of terrible financial status and other issues in spite of irrefutable evidence:
Lot 151 not only did not offer any proof of her alleged payment, but also did not prove decision to install gate was made at any legally-convened meeting, did not prove (and cannot) that such decision was recorded in Minutes of any meeting, and did not prove (and cannot) that such change of common property was registered with Department of Land.
Lot 151 now often opens gate towards common area where children play and others walk:
SP52948-Lot-151-gate-opened-on-common-property-25Mar2022.mp4
It also means that Lot 151 and her visitors are the only persons in four buildings with 192 units who can enter/leave building without being recorded by CCTV (they can exit the building without going through foyer).
On 8 February 2022, drainage cleaning was witnessed within Lot 151 courtyard, which, in the past was declined to be done for other owners on ground floor.
Mrs. Maureen McDonald changed common property and installed gate on colorbond fence without special resolution at any general meeting, and without registration of the By-Law. She is the only owner of such gate which allows her to enter/exit her property without using main entrances in the complex.
When change or damage has been caused by work undertaken by an owner who did not receive consent from the owner’s corporation, it is the owner’s own responsibility. Courts have held that when considering maintenance and reparation to be the owners corporation’s responsibility, it must be in relation to the ORIGINAL common property, not in relation to alterations or additions that have been made by an owner without permission. This was concluded in The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 and the case of Krimbogiannis.
If an owner wants to keep the unauthorised alterations, a by-law needs to be made to permit this (full costs of organising Extraordinary General Meeting and by-law registration must be borne by Mrs. Maureen McDonald). This new by-law should impose on the owner the obligation to maintain and repair the works. If the owners corporation does not want the work to remain, an order by NCAT should be made to require the owner to remove the work, or for the owner to allow the owners corporation to remove the work. Section 132 of the SSMA allows for NCAT to make an order that the owner that performed the work takes steps to repair the damage, or an order that the owner pays the owners corporation the cost of repairs of the damage.
Prolonged noise during Lot 87 major renovations in May 2023 without decision at general meeting. The renovations were announced for period 3 May 2023 to 2 June 2023:
On 5 June 2023, the renovations were still ongoing:
Major renovations in Lots Lot 27 and 103 as allegedly approved at Strata Plan SP52948 Extraordinary General Meeting dated 27 April 2023, as organised by Waratah Strata Management, did not satisfy requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 2, Section 4 (1) and (2), and section 7, and Interpretation Act 1987 (NSW).
Waratah Strata Management organised non-compliant ordinary committee meetings since 2017
Extraordinary General Meeting was exclusively related to two owners requesting major renovations: Lot 27 and Lot 103. There is no information if these two owners will cover all costs for this special meeting which benefits only them:
What owners are not told was also the fact that Lot 27 and 103 started with major renovations without approval at general meeting, as photos in elevators of Block B and D taken on 23 and 25 April 2023 show:
Even as late as 25 April 2023 (just two days before the meeting), at around 18:30 hours, six notice boards in the complex had no information about Extraordinary General Meeting scheduled for 27 April 2023:
Photo evidence was taken on the day of EGM, 27 April 2023, showing that none of six notice boards had any information about the Extraordinary General Meeting at any time before the event.
Minutes of the Extraordinary General Meeting were published on Waratah Strata website day later, on 28 April 2023, sometime after 16:22 hours, at record efficiency as no other meeting has ever had such success with published minutes:
The meeting was attended by only 17 owners (out of 218 in the complex), and initially failed to establish a quorum. Of those 17, two were owners who requested approvals for major renovations (Lot 27 and 103), and two were from Lots 136 and 137 who in 2013 obtained approval to connect the two lots (exclusive rights to common property) without properly organised Extraordinary General Meeting whilst failing to cover full costs of the general meeting and Special By-Law registration:
Minutes of the meeting did not confirm that Lot 27 and 103 would cover costs of general meeting and updates of the Special By-Law 13, because these costs only benefit the two owners - this is even more crucial since Admin Fund for the whole complex had negative balance above $170,000.00 on the day of the meeting.
It means that "approval" for the major repairs was completed by only 8.37% of owners.
This fits very well with discrimination attitude by SP52948 committee and Waratah Strata Management, as two (of many) examples can prove:
Submission by now-deceased committee member Mrs. Elizabeth Saulits to CTTT in file SCS 11/00711 dated 14 February 2011:
"Also as Australia is a democracy it is a free decision of each owner whether to attend the meetings or not, not a dictatorship Lot 158 was educated under by Marshall Tito of Yugoslavia."
In secret email to Fair Trading NSW on 17 May 2019, Waratah Strata Management stated the following, suggesting to Fair Trading not to waste time on investigating Lot 158 complaints:
"An Owners Corporation is a democracy - everyone has a say and everyone a vote and the majority rules.... One owner thinks all of the other owners are idiots or thieves. Why should the OC and SC have to continue to respond to and waste its time and resources on one recaltricant, obsessive owner?"
Four out of nine committee members did not attend:
Mrs. Marianna Paltikian (Lot 88)
Mr. Andrew Ip (Lot 133)
Mrs. Kathryn Warn (Lot 170)
Mr. Jeffrey Wang (Lot 218)
Notice in Block B for Lot 27 renovations which were originally allegedly approved until 16 June 2023, extended work with exposure to noise for another month to 6 July 2023:
Notice in Block B for Lot 27 renovations which were originally allegedly approved until 16 June 2023, extended work with exposure to noise for another month to 6 July 2023, extended work for second time to 16 July 2023:
Minutes of this EGM were not published on any of six notice boards within the complex. Photo evidence was collected.
Copy of the updated Consolidated By-Laws was not sent to any tenant in the complex, not sent to any owner, and not published on Waratah Strata website as of 28 July 2023.
Major renovations in Lot 72 as allegedly approved at Strata Plan SP52948 Extraordinary General Meeting dated 17 August 2023, as organised by Waratah Strata Management, did not satisfy requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 2, Section 4 (1) and (2), and section 7, and Interpretation Act 1987 (NSW).
PDF metadata shows notice was created on 3 August 2023 at 14:33 hours:
Day/Date Weekday Service Calculation Event 1, 03/08/2023 Thursday Notice posted? (postage date must not be counted) 2, 04/08/2023 Friday First working day 3, 05/08/2023 Saturday Weekend 4, 06/08/2023 Sunday Weekend 5, 07/08/2023 Monday Second working day 6, 08/08/2023 Tuesday Third working day 7, 09/08/2023 Wednesday Fourth working day 8, 10/08/2023 Thursday Fifth working day 9, 11/08/2023 Friday Sixth working day 10, 12/08/2023 Saturday Weekend 11, 13/08/2023 Sunday Weekend 12, 14/08/2023 Monday Seventh working day - notice effective 13, 15/08/2023 Tuesday First notice day 14, 16/08/2023 Wednesday Second notice day 15, 17/08/2023 Thursday Date of meeting (must not be counted) (third, fourth, fifth, sixth, and seventh notice day are missing!)
Owners and investors did not receive any information about balances in Admin and Capital Works Funds. Balance in Admin Fund on 17 August 2023 amounted to $49,524.49 but did not yet include amount of $28,877.00 for monthly expense for building management contract (and possibly some other unpaid invoices).
Extraordinary General Meeting was exclusively related to one owner requesting major renovations: Lot 72. There is no information if this owner will cover all costs for this special meeting which benefits only them:
Even as late as 16 August 2023 (a day before the meeting), six notice boards in the complex had no information about Extraordinary General Meeting scheduled for 17 August 2023:
Photo evidence was taken for each day between 3 and 17 August 2023, showing that none of six notice boards had any information about the Extraordinary General Meeting at any time before the event.
Photo evidence was taken on the day of EGM, 17 August 2023, showing that none of six notice boards had any information about the Extraordinary General Meeting.
Minutes of the Extraordinary General Meeting were published on Waratah Strata website the SAME day, on 17 August 2023, sometime after 18:34 hours (four minutes after the meeting), at record efficiency as no other meeting has ever had such success with published minutes:
The meeting was attended by only four owners (out of 218 in the complex), and initially failed to establish a quorum. Of those 4, one was owner who requested approval for major renovations (Lot 72), two were from Lots 136 and 137 who in 2013 obtained approval to connect the two lots (exclusive rights to common property) without properly organised Extraordinary General Meeting whilst failing to cover full costs of the general meeting and Special By-Law registration, and one was a committee member:
Minutes of the meeting did not confirm that Lot 72 would cover costs of general meeting and updates of the Special By-Law 13, because these costs only benefit the owner - this is even more crucial since Admin Fund for the whole complex has extreme problems with cash flows:
SP52948-first-time-in-history-Admin-Fund-continuous-negative-balances-for-two-FY-quarters-Apr2023
It means that "approval" for the major repairs was completed by only 2.29% of owners.
Eight out of nine committee members did not attend:
Mrs. Marianna Paltikian (Lot 88)
Mrs. Genelle Godbee (Lot 142)
Mr. Andrew Ip (Lot 133)
Mr. Carlos Montoya (Lot 112)
Mr. Ramesh Desai (Lot 159)
Mrs. Kathryn Warn (Lot 170)
Mr. Stan Pogorelsky (Lot 181)
Mr. Jeffrey Wang (Lot 218)
Copy of the updated Consolidated By-Laws for previous Extraordinary General Meeting on 27 April 2023 was not sent to any tenant in the complex, not sent to any owner, and not published on Waratah Strata website as of 17 August 2023:
On 21 August 2023, Block C notice board published information about Lot 72 major renovations, whilst minutes of EGM were still kept undisclosed to owners:
Photos of notice boards taken from letterbox area, Block A, Block B, Block C, and Block D, prove, without any possibility of error, that none of the owners were notified about the alleged Extraordinary General Meeting:
On 30 January 2024, Lot 72 continued with another major renovation:
Major renovations in Lots Lot 7 and 39 as allegedly approved at Strata Plan SP52948 Extraordinary General Meeting dated 30 November 2023, as organised by Waratah Strata Management, did not satisfy requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 2, Section 4 (1) and (2), and section 7, and Interpretation Act 1987 (NSW).
First page of minutes of EGM on 30 November 2023, with Lot 7 counted as valid.
Lot 7 extended their renovations in two periods: from 11 to 22 December 2023 and from 15 January 2024 without defined end-date:
On 18 January short recording of level of noise on ground floor of Block A was taken, showing excessive noise pollution. Lot 2 told us that their children were very restless, crying, and unhappy about the noise:
SP52948-Block-B-Lot-2-complaining-about-excessive-renovation-noise-from-Lot-7-18Jan2024 (video)
It appears that Lot 7 used sunroom for air conditioning or dust extraction outside of property:
Similar issue was recorded in two units in Block B during 2021:
As of mid-February 2024, notice of major renovations of Lot 39 has never been published on notice boards.
There are many reasons why EGM on 30 November 2023 was illegal. Pending legal case to cancel contract with Uniqueco Property Services describes them:
On 18 February 2024, four days before another Extraordinary General Meeting, Lot 158 sent email to Waratah Strata Management and committee members, with details of discrimination againts owners, which benefited some owners, like Lot 7:
At pending EGM on 22 February 2024, one of the Motions was to waive interest for overdue levy payments for Lot 7.
Lot 7 sent email with complaint to Waratah Strata Management on 14 December 2023 at 10:47 hours.
On 19 December, at 15:12 hours, Waratah Strata Management responded to Lot 7 stating that their request would be added as Motion for next general meeting.
This highlighted another problem: at EGM on 30 November 2023, Lot 7 was counted as valid owner who did not have overdue levies, allowed to attend and vote. Waratah Strata Management withheld information that SSMA 2015, Part 4 - Voting rights and voting procedures, Division 1 - General rights to vote, 23 Persons entitled to vote at general meetings in paragraph (8) stated:
Voting rights cannot be exercised if contributions not paid - A vote at a general meeting (other than a vote on a motion requiring a unanimous resolution) by an owner of a lot or a person with a priority vote in respect of the lot does not count if the owner of the lot was an unfinancial owner at the date notice of the meeting was given and did not pay the amounts owing before the meeting.
On 29 and 30 January 2024, Waratah Strata Management did not give such option to Lot 104 (see below). This is an absolute and irrefutable evidence of discrimination.
We will vote against this proposal on grounds of clearly-defined NSW strata laws, long-term negative balance in Admin Fund (we need to collect overdue levies from all owners equally), and discrimination against some owners that Waratah Strata Management (and its predecessor BCS Strata Management) allowed in the past (they selectively waive overdue costs for some owners, causing financial losses in owners funds):
1. Strata levies must be paid even when receipt of levy notice is missing - Section 83(4) of SSMA 2015 provides, in similar terms to Section 78(6) of the SSMA 1996, that regular periodic contributions are taken to have been duly levied on an owner of a lot even though notice levying the contributions was not given to the owner.
2. As regulated by Fair Trading:
Each owner and/or property manager needs to be aware of their owners corporation levy cycle.
If money is not received to the trust account at the end of one month after it is due and payable, it bears interest at the rate of 10% (as prescribed by the regulations) from the due date until it is paid.
Owners corporation may, by special resolution at general meeting, determine (either generally or in particular case) that a contribution is to bear no interest.
Strata manager does not have authority to waive the interest as it is not money owing to the strata manager.
The Courts have determined that non-receipt of a levy notice is not a sufficient reason for non-payment.
If a lot is sold and there are unpaid levies, then both the owner at the time the contributions were levies and the new owner are jointly and severally liable for the payment of the contribution and the interest payable.
If a lot is sold and there are unpaid levies, then both the owner at the time the contributions were levies and the new owner are jointly and severally liable for the payment of the contribution and the interest payable.
3. Some of irrefutable facts about SP52948 financial mismanagement that Waratah Strata Management ignored since 1 February 2017 when Waratah took office:
Waratah-Strata-Management-non-compliance-of-SP52948-Auditor-reports
SP52948-negative-trends-with-Admin-Fund-under-Waratah-Strata-Management
SP52948-dubious-utility-expenses-and-financial-accounting-data-generated-by-Waratah-Strata-Management-for-FY2018-two-days-before-strata-document-search-29May2019
SP52948-Waratah-Strata-Management-and-Uniqueco-Property-Services-repeatedly-allow-excessive-noise-and-pollution-during-renovations-that-were-not-properly-approved-at-general-meetings
As of late February 2024, negative balance in Admin Fund is $88,213.61 (attachment "SP52948-Income-and-Expenditure-Report-1Sep2023-to-17Feb2024.pdf") and one-monthly salary for building manager is still unpaid. Many other overdue expenses are awaiting, including City of Ryde Fire Safety Orders which Waratah Strata Management hid since 2019.
SP52948-continuous-delays-with-fire-and-OHS-problems
In FY 2024 (financial year starting on 1 September 2023), SP52948 Admin Fund reached record negative balance (deficit) of $312,113.03 on 31 October 2023.
4. Waratah Strata Management deliberately shaming selective owners for overdue levies. As of late February 2024, out of 186 strata documents on Waratah Strata Management website, only four owners were singled out and their late levy payments exposed to all owners, which is very unsettling:
Lot 40
Lot 104
Lot 169
Lot 178
There are many more owners with outstanding levies but they are not listed. It is questionable why only four owners were published.
5. Waratah Strata Management is aware of secret overdue gas heating levies for FY 2012 and FY 2013 sent to 13 owners on 1 August 2016 without applying correct yearly levy and 10% simple interest per year.
Waratah Strata Management is aware of secret overdue gas heating levies for FY 2012 and FY 2013 sent to 13 owners on 1 August 2016 without applying correct yearly levy and 10% simple interest per year. Attachment "SP52948-BCS-Strata-Management-trying-enforce-overdue-gas-heating-levies-without-disclosure-to-owners-1Aug2016.webp".
6. Long-term committee member Mr. Stan Pogorelsky (Lot 181) even admitted it in 2015 (to BCS Strata Management) and 2017 (to Waratah Strata Management) that he did not pay any gas heating levies in 2012 and 2013 and full gas heating levies in in period from 1999 to 2016. Attachment "SP52948-Lot-181-gas-levy-payments-self-assessment-miscalculated-10Jun2015.webp".
Waratah Strata Management never collected correct gas heating levies from Lot 181 and selected group of owners.
7. Four committee members were allowed to attend meeting and vote on 20 July 2017, which is strictly against the law (note that levies were due almost three months earlier on 1 May 2017). Further more, none of them paid late payment fees, or legal costs.
8. At AGM on 18 October 2018, owners voted against interest charges and arrears fee be waived for Lot 90 who did not receive levy notices. So, Lot 90 was forced to pay late fees, as prescribed by law.
9. That special benefits given to some owners is persistent was shown in 2022, when Waratah Strata Management waived late fees and debt recovery charge to Lot 167:
10. In 2017, by own admission, Waratah Strata Management waived levy arrears fees for Lot 87:
11. On 29 January 2024, Lot 104 sent email to Waratah Strata Management at 11:45 hours, asking for overdue levies to be waived.
On 29 January 2024, at 12:33 hours, Waratah Strata Management declined to waive fees for Lot 104.
On 30 January 2024, at 09:20 hours, Waratah Strata Management forced Lot 104 to pay all fees.
Further more, probably in attempt to shame Lot 104, they published two emails related to Lot 104.Block C Lot 72 had renovations as published in elevator (not on notice board) on 20 January 2024, without any decision at general or any other meeting:
Block C Lot 86 had renovations as published in elevator (not on notice board) on 20 January 2024, without any decision at general or any other meeting:
Lot 86 did not finish the renovations in announced period, and additional work was announced on 9 February 2024:
This owner enjoyed special privileges as shown by secret email dated 9 May 2022, where Waratah Strata Management confirmed that levy arrears fee had been waived in 2017 (strictly forbidden by strata laws unless such decision was made at a meeting, as per SSMAS 2015 Section 85(3) - special resolution is no longer necessary; a simple resolution would suffice; executive committee is able to pass a resolution agreeing to a request for the waiver of interest; the executive committee can convene a meeting and resolve that the OC will waive interest either generally or in a particular case):
After Lot 158 requested document search fourth time on 30 January 2024, Waratah Strata Management urgently organised another Extraordinary General Meeting on 31 January 2024, with motions for major renovation applications by Lots 8, 86, and 116, without disclosure that Lot 86 already started it without approval:
SP52948-Lot-158-fourth-attempt-to-obtain-access-to-strata-documents-31Jan2024
SP52948-Lot-158-requested-access-to-strata-documents-Feb2024
SP52948-extract-from-agenda-EGM-31Jan2024
Numerous problems with these renovation applications.
Lot 8
Motion must be ruled as "out of order" as they conflicted with the Act, were unlawful, and unenforceable. According to Strata Community Association (NSW), definition of a Motion:
A proposal put forward for consideration at a meeting. A well written motion will enable the lot owner or committee member to vote yes (for) or no (against) on the matter.
A motion must clearly state the proposal to be considered at the meeting.
Motion must clearly state if an ordinary, special, or unanimous resolution is required.
The notice must also:
State the intention to propose the resolution as a ordinary, special, or unanimous resolution; and
Set out the proposed resolution in full.
Application provides expired dates for the work:
Proposed start date: 15/Jan/2024
Proposed finish date: 19/Jan/2024
No evidence that Lot 8 paid application fee in amount of $120.00 (plus GST) for the strata manager to review the application, search by-laws and obtain instructions from the strata committee
No evidence that Lot 8 paid bond in amount of:
$1,000.00 if total cost of works is less than $20,000.00
$5,000.00 if total cost of works is less than $20,000.00
No evidence that Lot 8 paid or will pay legal costs in amount of $500.00 for registering updates to Consolidated By-Laws
No evidence that Lot 8 paid strata manager's reasonable costs for holding a general meeting to approve the major renovation (including printing and postage of agendas and minutes) and the costs of preparation and attendance at that meeting
No evidence that Lot 8 provided a dilapidation report as to the condition of the common property and each Lot that is immediately adjacent to (above, below, or beside) the owner's cost
Lot 8 continued with upgrades in March and April 2024:
SP52948-Block-B-Lot-8-installing-air-conditioning-with-drilling-noise-25Mar2024
SP52948-Block-B-Lot-8-replacing-carpet-8Apr2024
SP52948-Block-B-Lot-8-removing-floor-tiles-17Apr2024
SP52948-Block-B-Lot-8-installing-timber-flooring-24Apr2024
SP52948-Block-B-Lot-8-extended-installation-of-timber-flooring-27Apr2024
Lot 8 continued with upgrades in May 2024:
SP52948-Block-B-Lot-8-again-extended-installation-of-timber-flooring-29Apr2024
Lot 86
Motion must be ruled as "out of order" as they conflicted with the Act, were unlawful, and unenforceable. According to Strata Community Association (NSW), definition of a Motion:
A proposal put forward for consideration at a meeting. A well written motion will enable the lot owner or committee member to vote yes (for) or no (against) on the matter.
A motion must clearly state the proposal to be considered at the meeting.
Motion must clearly state if an ordinary, special, or unanimous resolution is required.
The notice must also:
State the intention to propose the resolution as a ordinary, special, or unanimous resolution; and
Set out the proposed resolution in full.
Application does not provide any dates dates for the work.
No evidence that Lot 86 paid application fee in amount of $120.00 (plus GST) for the strata manager to review the application, search by-laws and obtain instructions from the strata committee
No evidence that Lot 86 paid bond in amount of:
$1,000.00 if total cost of works is less than $20,000.00
$5,000.00 if total cost of works is less than $20,000.00
No evidence that Lot 86 paid or will pay legal costs in amount of $500.00 for registering updates to Consolidated By-Laws
No evidence that Lot 86 paid strata manager's reasonable costs for holding a general meeting to approve the major renovation (including printing and postage of agendas and minutes) and the costs of preparation and attendance at that meeting
No evidence that Lot 86 provided a dilapidation report as to the condition of the common property and each Lot that is immediately adjacent to (above, below, or beside) the owner's cost
Lot 86 already started renovations without approval:
Lot 116
Motion must be ruled as "out of order" as they conflicted with the Act, were unlawful, and unenforceable. According to Strata Community Association (NSW), definition of a Motion:
A proposal put forward for consideration at a meeting. A well written motion will enable the lot owner or committee member to vote yes (for) or no (against) on the matter.
A motion must clearly state the proposal to be considered at the meeting.
Motion must clearly state if an ordinary, special, or unanimous resolution is required.
The notice must also:
State the intention to propose the resolution as a ordinary, special, or unanimous resolution; and
Set out the proposed resolution in full.
Application does not provide any scope for the work.
Application does not provide any dates dates for the work.
No evidence that Lot 116 paid application fee in amount of $120.00 (plus GST) for the strata manager to review the application, search by-laws and obtain instructions from the strata committee
No evidence that Lot 116 paid bond in amount of:
$1,000.00 if total cost of works is less than $20,000.00
$5,000.00 if total cost of works is less than $20,000.00
No evidence that Lot 116 paid or will pay legal costs in amount of $500.00 for registering updates to Consolidated By-Laws
No evidence that Lot 116 paid strata manager's reasonable costs for holding a general meeting to approve the major renovation (including printing and postage of agendas and minutes) and the costs of preparation and attendance at that meeting
No evidence that Lot 116 provided a dilapidation report as to the condition of the common property and each Lot that is immediately adjacent to (above, below, or beside) the owner's cost
Six notice boards in the complex published agenda for EGM scheduled for 22 February 2024 as late as morning of 20 February 2024, and failed to meet requirement the Secretary must put a notice about the meeting on the noticeboard at least 3 days before a meeting is held:
SP52948-Block-A-notice-board-no-agenda-for-EGM-scheduled-for-22Feb2024-photo-3-19Feb2024
SP52948-Block-B-notice-board-no-agenda-for-EGM-scheduled-for-22Feb2024-photo-1-19Feb2024
SP52948-letterbox-notice-board-no-agenda-for-EGM-scheduled-for-22Feb2024-photo-1-19Feb2024
Without any offical approval, Lot 104 started kitchen renovations on 1 May 2024:
Walk through complex on 6 February 2024 uncovered empty rooms in Lot 145, open doors with loud music on level 7 of Block D, and it appeared some major renovations were underway without any notices for owners.
EGM on 22 February 2024 had many problems, but Waratah Strata Management chose to hide them from owners:
Waratah Strata Management, with support of present owners, refused to provide names of valid owners as requested by Lot 158 at the meeting, as per SSMA 2015 Section 13 - Chairperson to announce names of persons entitled to vote: if requested to do so by a person present and entitled to vote at a meeting, the chairperson must, before submitting a motion to the meeting or the holding of the election of members of the strata committee, announce the names of the persons who are entitled to vote on that motion or at that election; Mr. Heath Crosbie claimed the list was long and when offered to provide it in Zoom chat instead of pronouncing the names, he refused that option too,
As the quorum was not satisifed, Waratah Strata Management should have waited 30 minutes before proceeding; SSMA 2015 Section 17 changed the conditions for quorums of general meetings: meeting can be declared once a quorum is in attendance within the first 30 minutes of the declared starting time of the meeting but if a quorum is not present the chairperson must wait for the 30 minutes to elapse,
Waratah Strata Management made accidental admission that 30-minute wait was not satisfied because they declared meeting closed at 18:30 hours, which meant that the whole general meeting lasted less than one minute (original start was at 18:00 hours with declaration that it was a valid meeting several minutes afterwards, and with compulsory delay of 30 minutes due to lack of quorum, the new start time had to be 18:30 hours):
SP52948-evidence-from-Zoom-chat-that-EGM-started-at-6pm-22Feb2024
SP52948-evidence-from-Zoom-chat-request-to-announce-names-of-valid-owners-to-vote-EGM-22Feb2024
SP52948-evidence-from-Zoom-chat-Lot-158-concerns-ignored-EGM-22Feb2024
SP52948-evidence-from-Zoom-chat-Lot-158-concerns-ignored-screenshot-2-EGM-22Feb2024
Amendments of previous EGM and AGMs as submitted by Lot 158 were ignored:
SP52948-Motions-by-Lot-158-AGM-2023-short
SP52948-Motions-by-Lot-158-EGM-public-30Oct2023
SP52948-AGM-2023-misconducts-and-risks-24Oct2023
SP52948-AGM-2023-dubious-invoices
SP52948-pending-legal-case-to-terminate-contract-with-Uniqueco-Property-Services-detailed-summary
SP52948-request-to-Waratah-Strata-Management-to-provide-financial-documents-for-EGM-2023-13Nov2023
SP52948-committee-members-failed-to-respond-to-Lot-158-complaints-about-EGM-2023-29Nov2023
Lot 200 was admitted and counted as valid owner at exactly 18:28 hours, with his ID displayed as "Google Pixel 7 Pro" in Zoom screen (omne of the owners Mr. Zach Zuravle from Lot 7 published this for Lot 200 at that time "Welcome to the community",
Evidence of discrimination of owners (that benefited selective owners and committee members) was ignored:
SP52948-discrimination-and-special-privileges-for-selective-owners-18Feb2024
None of the three Motions for renovations provided any evidence of paid fees to support their applications,
None of the three Motions for renovations provided clear voting instruction if they required ordinary, special, or unanimous decisions,
None of the previous renovations in 2023 provided evidence that Annexure-B of the Special By-laws were amended and provided to any owner or tenant,
Waratah Strata Management hid information that Lot 86 proceeded with renovations without approval at any meeeting, well before EGM on 22 February 2024:
SP42948-Block-C-Lot-86-renovations-without-approval-at-general-meeting-20Jan2024
Lot 86 did not finish the renovations in announced period, and additional work was announced on 9 February 2024:
SP42948-Block-C-Lot-86-renovations-without-approval-at-general-meeting-9Feb2024
And more upgrades on 25 February 2024:
