| From: |
SP52948 owner |
| To: |
Robert Crosbie Waratah Strata Management, SP52948 committee members |
| Subject: |
FOR SP52948 OWNERS NOTICE: Examples of continuous discrimination of owners and lack of proper care of the complex on 26Aug2018 |
| Date: |
26/8/18, 8:31 pm |
For SP52948 owners'
attention. Please let us know if you wish not to be notified about
what is happening in the complex.
All attempts to reason with Waratah Strata Management and EC
members were met with silence and refusal to act with duty of
care.
The email shows some of many examples of continuous discrimination
and lack of duty of care at owners corporation expense:
- Lack of quorum at Annual General Meeting 2017 (details can be
provided upon request, and will be presented by a specific owner at
AGM/EGM 2018)
- Waratah Strata Management and maintenance staff refuse to confirm
or deny that two members of Executive Committee have special
privilege for electricity connections in their garages without
disclosure, whilst Lot 83 was denied the same rights at EC meeting
on 21 June 2018
- Undisclosed costs, warranties, and work completed in complex
painting project in 2017 – unexplained alleged costs for townhouses
in amount of $92,950.00 whilst the same townhouses were repainted
six years ago in 2011 at cost of $61,490.00 without proper tender
or disclosure
- Roof membrane - secret quote with competitive price never
disclosed to owners. A saving of around $30.000.00 would have been
achieved had that quote been presented to owners for a roof on a
single building in 2014
- Huge losses to owners corporation for poor management of
contract with BigAir ISP, their illegal operation since 31 January
2014 and without benefits to owners corporation since 2004 - owners
not told about the size of losses and Australian Taxation Office
Ruling TR 2015/3
- Carpet is a common property, for selective owners. Lot 157 had
their carpet repaired from owners corporation funds in amount of
$3,025.00 (GST inclusive) in 2014
- Exhaust fans in buildings are secretly managed from common
funds for selective owners
- Exhaust fan in Block A not operating properly since May 2018.
Video evidence ignored, in spite of strong concerns about OH&S.
health hazard but also breach of SSMA 2015 Section 106
- 24 repairs due to water damages and leaks in Lot 191 in last
seven years, costing owners corporation above $20,000.00 and
causing shutdown of water supply to owners in Block A around 30
hours in cumulative terms
- Lot 158 web account with Waratah Strata Management deliberately
blocked since March 2018, with full video evidence presented to
Waratah Strata Management
- Waratah Strata Management has access to each and everybody's
password on their web site, even when owners change it from
defaults
- In one year, without owners corporation approval, or knowledge,
base contract value for Waratah Strata Management raised by around
11.5%, whilst preventing competition
- For four months, in period between AGM 2017 in October and EC
meeting on 15 February 2018, the complex did not have legally
elected Chairperson, Secretary, and Treasurer, making Waratah
Strata Management fully responsible for all roles without
transparency and disclosure
- Consolidated By-Laws registered by Mr. Robert Crosbie on 30
October 2017, without disclosure to owners and still listing
Special By-Law 13, in spite of opposite decision at AGM 2017
- Lot 201, EC member Mr. John Gore failed to disclose before AGM
2017 or at any other time conflict of interest for getting
reimbursements for private water and gas usage, in non-compliance
strata laws. A member of the strata committee must disclose any
direct or indirect financial interest the member has in a matter to
be considered by the strata committee where that interest appears
to raise a conflict with the member’s duties (clause 18(1) of
Schedule 2). The member must not be present during the deliberation
of the matter or take part in a decision, unless the strata
committee otherwise determines (clause 18(4) of Schedule
2)
- Electricity supply contract expired on 8 July 2018 and details
of the renewal and conditions never published for owners
- Insurance renewal expires on 21 September each year and details
of the renewal and conditions never published for owners before the
renewal is approved
- Lot 158 not receiving Agenda and Minutes of meetings
- Owners Corporation not having all Agendas and Minutes of
meetings published on Notice Boards
- Validity of strata and building management
contracts
- Many OH&S, safety, and other issue with management of the
complex
a) Annual General Meeting 2017, like others before, failed to
satisfy quorum.
b) Two members of Executive Committee having special privilege for
electricity connections in their garages without disclosure, whilst
Lot 83 was denied the same rights at EC meeting on 21 June
2018.
Waratah Strata Management refuses to deny or confirm
the following:
Lot 147, EC member Mr. Moses Levitt, has been using his garage as
work-space for many years,
Lot 151, Mrs. Maureen McDonald, a long serving EC member is the
only owner in the complex who has four fluorescent tubes in her
garage in the basement - all other owners have maximum of two
fluorescent tubes.
Lot 114 has non-standard housing for lights in garage.
More details in the attachment.
c) Townhouses, with four Executive Committee members in various
periods since 1996, had four major painting projects so far.
Minutes of EC meeting on 13 April 2011 confirmed that owners
corporation paid $61,490.00 was approved without evidence of tender
(strata searches never found any competitive quotes).
In 2017, unexplained alleged costs for townhouses in amount of
$92,950.00.
Details of the contracted values for the painting, including
undisclosed details what painting was done on 26 townhouses which
already had THREE paintings of pergolas over 20 years (against one
poorly-done painting of buildings). In spite of all efforts, EC
members and Waratah Strata Management could not provide any valid
justification why painting of 26 townhouses that do not even have
render cost owners corporation $84,498.00 (plus GST) against each
seven-storey building (including roof tops) which required minimum
two coats of Dulux paint, massive number of repairs for cracks and
paint blistering at cost of $107.000.00 (plus GST).
In addition, five lattices in townhouses were erected without
approval by owners corporation and are not part of common property:
Lot 194, Lot 197, Lot 199, Lot 202, and Lot 216.
More details in the attachment.
d) Roof membrane - secret quote with competitive price was never
disclosed to owners. A saving of around $30.000.00 would have been
achieved had that quote been presented to owners for a roof on a
single building in 2014.
On 9 June 2014, Dural Building Services (DBS) submitted the quote
DBS Q14-048 for SP52948 roof repairs on Block B to BCS Strata
Management. That information was known to maintenance staff.
BCS Strata Management paid their invoice in amount of $385.00 six
months after it was submitted.
DBS quote reported that complete roof of Block B (above unit 47)
would be properly waterproofed and repaired at cost of $74,800.00
(GST inclusive).
That quote was never presented to owners and was not even included
at General Meeting on 26 November 2014.
The only "competitor" was Kintyre Building Services, which "won"
the contract through deliberately misleading Motion at the General
Meeting, without stating that their quote for HALF ROOF repairs on
lock B would cost $53,960.00 plus GST, which would make that quote
MUCH MORE EXPENSIVE THAN DBS.
In addition, owners were not told in clear terms that:
Kintyre's quote provided ONLY FIVE YEAR warranty for the work due
to long-term neglect of roofs in the complex.
Waterproofing one whole roof in a building cost SP52948 around
$107,000.00 (GST inclusive). The same work, by DBS would have cost
around $74,800.00 (GST inclusive).
More details in the attachment.
e) Undisclosed huge losses to owners for illegal operation of
BigAir ISP in the complex since 31 January 2014 and attempts to
disregard owners decision at AGM 2014.
In addition, the sum of $12,000.00 allegedly agreed by owners
corporation (without any knowledge of the contract), has two
additional problems, apart from the fact that the sum is negligible
and does not cover market values for renting common property,
solicitor's costs, electricity costs, 5% of all earnings by BigAir
since 2004, and similar:
Expenses paid to Grace Lawyers who were approved to deal with
removal of BigAir in 2013/2014 without decision to general meeting,
then failing to meet the expected tasks and causing expenses in
amount of $4,171.95 (GST inclusive).
On 25 November 2015, The Australian Taxation Office issued Taxation
Ruling TR 2015/3. Of special importance to owners is their personal
liability for tax:
Income from common property (other than personal property) is
taxable in the hands of the individual proprietors in proportion to
their unit entitlements.
f) Carpet is a common property, for selective owners. Lot 157, who
suffered major water flooding in December 2014, was allegedly
caused by water leak in Lot belonging to Executive Committee member
Mr. Stan Pogorelsky (Lot 181), had their carpet repaired from
owners corporation funds in amount of $3,025.00 (GST inclusive) in
2014.
Lot 201 was notified that that carpet maintenance could not be paid
from common funds on 9 September 2013.
Lot 123 was notified that carpet maintenance could not be paid from
common funds on 9 January 2015.
More details in the attachment.
g) Exhaust fans in Lots in four buildings are secretly managed from
common funds for selective owners. An example for Lot 88 in 2012,
when owners corporation paid for their repairs in amount of
$512.00.
More details in the attachment.
h) Exhaust fan in Block A not operating properly since May 2018.
Video evidence ignored, in spite of strong concerns about OH&S
and breach of SSMA 2015 Section 106.
Video evidence provided to Waratah Strata Management.
Ignored so far.
More details in the attachment.
i) 24 repetitive repairs due to water damages and leaks in Lot 191
in last seven years, costing owners corporation above $20,000.00
and causing shutdown of water supply to owners in Block A around 30
hours in cumulative terms.
More details in the attachment.
j) Lot 158 web account with Waratah Strata Management deliberately
blocked since March 2018, with full video evidence presented to
Waratah Strata Management. This:
Discriminates against my family and me,
Prevents us from accessing strata files that are published on
website,
Prevents us from accessing invoices for levy payments,
Prevents us from reviewing current balance sheet of strata
plan,
Prevents us from reviewing current payments for our levies,
Possibly provides out web account details to third-party as there
is
no evidence of proper keeping private information at Waratah
Strata.
In addition, Waratah Strata Management has confirmed that they have
full knowledge of every owner's password,even when it is changed by
an owner.
k) In one year, without owners corporation approval, or knowledge,
base contract value for Waratah Strata Management raised by around
11.5%:
Base value of $21,800.00 (GST inclusive) as approved at AGM on 14
November 2016, whilst preventing superior quote by Ryan Strata to
be included in the agenda for the meeting.
Base value $23,110.00 (GST inclusive) plus rebates, discounts, and
commissions disclosed in Disclosure Schedule, signed by EC members
Mr. Moses Levitt and Stan Pogorelsky without evidence that they
settled areas for unpaid levies for second gas connections on 14
December 2016.
Base value $24,310.00 (GST inclusive) plus rebates, discounts, and
commissions disclosed in Disclosure Schedule C1 and C2, signed by
EC members Mr. Moses Levitt and Stan Pogorelsky without evidence
that they settled areas for unpaid levies for second gas
connections straight after AGM on 24 October 2017. Competitive bid
by Complete Building Management Group was not allowed to be
presented to owners in the agenda for the meeting.
i) For four months, in period between AGM 2017 in October and EC
meeting on 15 February 2018, the complex did not have legally
elected Chairperson, Secretary, and Treasurer, making Waratah
Strata Management fully responsible for all roles without
transparency and disclosure.
j) Consolidated By-Laws registered by Mr. Robert Crosbie on 30
October 2017, without disclosure to owners and still listing
Special By-Law 13, in spite of opposite decision at AGM 2017.
k) Electricity supply contract expired on 8 July 2018. 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.
Strata Manager Mr. Simon Wicks, who was removed from managing
SP52948 in 2011, 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.
Current renewal process was not disclosed to any owner and the
process of who and how approved the latest contract not made at any
general meeting.
l) Minutes of EC meetings and agendas deliberately not sent to Lot
158. Investigation was opened with Australia Post who confirmed
that Waratah Strata Management did not send the letters via
post.
Agenda for the Executive Committee (EC) meeting on 30 June 2017
(must arrive at least 72 hours before the meeting).
Minutes of the EC meeting held on 30 June 2017 (must arrive within
seven days after the meeting).
Agenda for the Annual General Meeting on 24 October 2017 (must
arrive at least seven days before the meeting).
Agenda for the EC meeting on 15 February 2018 (must arrive at least
72 hours before the meeting).
Minutes of EC meeting on 15 February 2018 (must arrive within seven
days after the meeting).
Agenda for the EC meeting on 12 April 2018 (must arrive at least 72
hours before the meeting).
Minutes of EC meeting on 12 April 2018 (must arrive within seven
days after the meeting).
Agenda for the EC meeting on 21 June 2018 (must arrive at least 72
hours before the meeting).
m) Some minutes of EC meetings and agendas not published on notice
boards.
n) Elevator maintenance contract not disclosed to owners. Mr.
Robert Crosbie is on record for saying that he would not provide a
copy of it in February 2018.
o) Selective townhouse owners receiving reimbursements for private
water and gas usage in inequitable manner and without since 1999,
including four members of the Executive Committee in different time
periods. Special attention is given to ANN payments since AGM 2017
as owners did not approve renewal of Special By-Law 13.
p) Refer to attachment for photo or video evidence of other issues
and concerns.
Regards,