Investigative Journalism and Learning Hub - Waratah Strata Management and continuous delays of fire and OHS rectification works

Welcome to the blog of NSW strata investigative journalism

Artificial Intelligence (AI) was NOT involved in investigations of strata issues in Australia (primarily NSW). We never used or relied on AI, and instead deployed classical methods: thorough due diligence, mitigating bias, abiding by ethical principles, clear and transparent documentation, mitigating risk, continuous monitoring, and legal compliance.

Primary audience on the website are owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948. Attempts to get Waratah Strata Management to keep all parties informed has been ignored since 1 February 2017. Strata files are kept undisclosed and even events like mediation at Fair Trading NSW, NCAT case SC 20/33352, Police Events, and OLSC reports about professional misconduct of Solicitor Adrian Mueller are not provided to owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948. Committee members and Waratah Strata Management refused to offer assistance to these organisations.

Number of SP52948 owners, tenants, and investors expressed gratitude towards this website as that was the only way to gain access to lot of critical information, which is not available in minutes and notices of meetings, or on Waratah Strata website.

The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...

This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere. All files on this website were provided to Fair Trading NSW, Office of legal Services Commissioner, NCAT, Supreme Court, and Police. The same files were repeatedly sent to Solicitor Adrian Mueller, committee members and strata managers - silence is their response.

Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of services provided by those who should enforce laws are common and frequent - examples: NSW-Civil-Tribunal-failing-to-deliver-services

Solicitor Adrian Mueller created dangerous precedence in two CTTT/NCAT cases (SCS 12/32675 and SC 20/33352) which, based on Australian legal system, allow other parties to use as valid defence (legal precedents). CTTT/NCAT fully co-operated with the Solicitor and effectively rendered NSW strata laws useless, and even allowed Solicitor's reprentation of large strata plan SP52948 without having any evidence of being approved by owners corporation (in fact, Solicitor was not approved at any legally-convened meeting).

CTTT/NCAT actively supported Solicitor Adrian Mueller’s predictive behaviour, contempt of court, falsified documents, and insurance claims in two cases in 2012/2013 (SCS 12/32675 and SCS 12/50460, conducted by Tribunal member M. Harrowell) and 2020/2021 (SC 20/33352, conducted by Tribunal member G.J. Sarginson). The precedence means that all evidence of the Applicant can be ignored if the Respondent fails to attend Hearings.

Tribunal had full knowledge of the Applicant's submissions about Solicitor Adrian Mueller, including ones dated 8, 27 February 2022, and 22 June 2022, which they completely ignored.

Democracy should be the leading avenue for managing strata complexes. But, democracy requires high level of sense and ethics, and right for all owners to have full access to strata files in order to make informed decisions. And when that does not happen, how to proceed? One way is to educate public and rise awareness that license to be a strata manager is one of the easiest in any industry: Strata Community Australia (SCA) are offering a three-day course on qualifying to be a strata manager with no prior educational requirements (apparently educational requirements are fulfilled by completing the course).

  1. Fire and OH&S Safety concerns are repeatedly ignored and owners not notified about them. BCS Strata Management, and since 2017 Waratah Strata Management, ignored many complaints about fire safety in large strata complex SP52948. Building manager since 2014 is Uniqueco Property Services.

    Waratah Strata Management and Uniqueco Property Services are continuously reminded about risks with non-compliance.

    Death of Connie Zhang in September 2012, forced to jump to her death from the building on West Terrace Bankstown when the fire in her unit became so ferocious it melted the aluminum window frames. Deputy NSW Coroner Hugh Dillon found that Connie's death could have been prevented if the developer of the unit block had installed a sprinkler system as required by fire safety laws. He found that this was just one of a litany of individual and systemic failures that contributed to the fire, including the building developer and strata manager's lax attitude to safety, the lack of resources in the compliance section of the local council, and failures in the process of fire safety checks and building certification: inquest into the death of Connie Zhang due to fire at Unit 53, 4 West Terrace, Bankstown. Strata manager, Peter Poulos of RW Realty, allegedly failed to properly inform the owner’s corporation about the breaches or effectively address many of them. The inquest heard that Fire and Rescue NSW and Bankstown Council had written to Mr. Poulos on multiple occasions prior to 2012 ordering that such defects be fixed, but that he did not give a copy of the written orders to the owners’ corporation.

    The City of Sydney issued a fire order in 2015 for the Gazebo, located at 2 Elizabeth Bay Road. The tower's strata manager StrataChoice approved an initial $2.4 million in costs to comply with the early stages of the fire safety requirements. Gazebo apartment tower in Sydney's Potts Point were informed in 2017 they would need to stump up almost $7.5 million to render the building safe from fires. Fines of up to $100,000 per week could be imposed for non-compliance.

    In July 2022, International student, Raunak, 27, died after a blaze broke out in his Sydney unit in the Parramatta complex. Authorities revealed not one unit in the burning complex was fitted with a working smoke alarm. Smoke alarms must be installed in every unit in NSW under strict laws to protect residents.

  2. BCS Strata Management (predecessor to Waratah Strata Management until 1 February 2017) and Uniqueco Property Services had history of continuous non-compliance with fire and OH&S regulations.

    Here is an extract from complaint by City of Ryde Council to BCS Strata Management on 3 November 2016 about not receiving any comments about serious fire safety breaches for three months:

    SP52948-Ryde-Council-complaining-to-BCS-Strata-Management-about-repeatedly-not-responding-to-fire-safety-issues-3Nov2016

    Building manager was Uniqueco Property Services.

  3. Waratah Strata Management and Uniqueco Property Services had history of continuous non-compliance with smoking in the complex.

    SP52948-continuous-problems-with-smoking-and-health-hazards

  4. Here is an example of Lot 158 summary on various issues which Waratah Strata Management and Uniqueco Property Services ignored on 25 August 2018:

    Building-Manager-ongoing-issues-including-fire-and-health-safety-security-maintenance-25Aug2018

  5. Here is an example of Lot 158 summary on various issues to Waratah Strata Management on 19 May 2019:

    SP52948-Waratah-Strata-Management-ignored-fire-door-safety-risks-and-some-lots-still-not-checked-for-fire-safety-as-of-19May2019

    SP52948-ongoing-issues-fire-safety-maintenance-19May2019

    Waratah Strata Management and Uniqueco Property Services were given an opportunity to see videos of how badly they managed fire safety in the complex (this evidence Waratah Strata Management and Solicitor Adrian Mueller prevented the Tribunal officer to view in NCAT case SC 20/333352, with full assistance by Uniqueco Property Services). Fire door jamming and other problems in the gasement of the complex was not just an accidental neglect, it was a CRIMINAL LONG-TERM NEGLECT:

    SP52948-Fire-Door-1-push-bar-not-operational-door-jammed-not-closing-19May2019.mp4

  6. Here is an example of Lot 158 summary on various issues which Waratah Strata Management and Uniqueco Property Services ignored on 25 August 2018:

    Building-Manager-ongoing-issues-including-fire-and-health-safety-security-maintenance-25Aug2018

  7. Here is an example of Lot 158 summary on various issues to Waratah Strata Management on 19 May 2019:

    SP52948-Waratah-Strata-Management-ignored-fire-door-safety-risks-and-some-lots-still-not-checked-for-fire-safety-as-of-19May2019

    SP52948-ongoing-issues-fire-safety-maintenance-19May2019

    Waratah Strata Management and Uniqueco Property Services were given an opportunity to see videos of how badly they managed fire safety in the complex (this evidence Waratah Strata Management and Solicitor Adrian Mueller prevented the Tribunal officer to view in NCAT case SC 20/333352, with full assistance by Uniqueco Property Services). Fire door jamming and othe rproblems in the gasement of the complex was not just an accidental neglect, it was a CRIMINAL LONG-TERM NEGLECT:

    SP52948-Fire-Door-1-push-bar-not-operational-door-jammed-not-closing-19May2019.mp4

    SP52948-Fire-Door-2-incomplete-fire-safety-notices-push-bar-not-operational-door-not-closing-19May2019.mp4

    SP52948-Fire-Door-3-push-bar-not-operational-door-jammed-not-closing-19May2019.mp4

    SP52948-Fire-Door-5-no-fire-safety-notices-push-bar-not-operational-door-not-closing-19May2019.mp4

    SP52948-Fire-Door-6-no-fire-safety-notices-push-bar-not-operational-door-jammed-19May2019.mp4

    SP52948-Fire-Door-6-no-fire-safety-notices-door-not-closing-19May2019.mp4

    In 2010, owners paid $3,168.00 for push bars on six fire doors, which the Uniqueco Property Services failed to maintain properly:

    SP52948-wasted-money-on-fire-door-panic-push-bars-2010.png

    After Lot 158 raised serious warnings about it in May 2019, Uniqueco Property Services simply removed the push bars on fire doors, without owners corporation approval or knowledge.

  8. How drastic lack of knowledge of laws is best shown through this email from Uniqueco Property Services on 20 October 2019, which was silently supported by Waratah Strata Management. Uniqueco Property Services refused to replace obsolete smoke alarms by claiming they were owner's responsibility! At the same time, they refused to properly deal with smoking in the complex and other issues.

  9. On 1 March 2017, Lot 158 conducted joint audit of the complex with building manager and Waratah Strata Management. Many issues were uncovered and Waratah Strata Management sent the following concerns to the building manager on 7 March 2017:

    SP52948-Waratah-Strata-Management-warning-building-manager-about-fire-safety-issues-reported-by-Lot-158-7Mar2017

    SP52948-Ryde-Council-warning-to-Waratah-Strata-Management-about-fire-safety-breaches-13Feb2017

  10. Waratah Strata Management and Uniqueco Property Services stayed silent about Lot 158 report on serious fire safety issues on 18 March 2020:

    SP52948-unplanned-and-unannounced-emergency-lights-testing-reported-to-Waratah-Strata-Management-Fire-NSW-FRN16_829-BFS20_252-and-Fair-Trading-Files-9363613-and-9761719-persistent-fire-safety-issues-and-lack-of-actions-18Mar2020

    The criminal ignorance of fire safety compliance continued after second email on 3 April 2020 - not only Lot 158 was ignored but Waratah Strata Management and Uniqueco Property Services withheld information why emergency light testing in January 2020 was invalidated and had to be done again:

    SP52948-updated-concerns-reported-to-Waratah-Strata-Management-Fire-NSW-FRN16_829-BFS20_252-and-Fair-Trading-Files-9363613-and-9761719-persistent-fire-safety-issues-and-lack-of-actions-3Apr2020

  11. Document search on 8 June 2022 found secret email between building manager and Waratah Strata Management on 4 February 2021, delaying fire safety rectification work simply due to Ryde Council not sending them official orders:

    SP52948-email-between-building-manager-and-Waratah-Strata-Manager-delaying-fire-safety-remediation-due-to-lack-of-offical-orders-by-Council-4Feb2021

  12. Document search on 8 June 2022 found secret email between committee member and Waratah Strata Management on 6 March 2021, concerned about fire audit report and outstanding rectification measures (including high costs):

    SP52948-secret-email-between-committee-members-and-Waratah-Strata-Management-about-serious-maintenance-problems-in-the-complex-6Mar2021

  13. Document search on 8 June 2022 found secret email between committee members and Waratah Strata Management on 12 March 2021, lacking knowledge of responsibility to maintain fire alarms as part of common property by wrongly assuming it was a responsibility of individual owners (as shown in email by committee member Mrs. Marianna Paltikian):

    SP52948-Waratah-Strata-Management-and-committee-members-lack-of-common-knowledge-of-smoke-alarms-being-common-property-12Mar2021

  14. Document search on 8 June 2022 found secret email between committee members and Waratah Strata Management on 12 March 2021, after receiving advice from Bannermans Lawyers that smoke alarms were part of common property if they had been installed when complex was built (as it was the case in SP52948). Not only owners wasted money on this unnecessary legal advice which was never disclosed to owners, but Waratah Strata Management then delayed replacement of smoke alarms for another year, until first quarter of 2022:

    SP52948-Waratah-Strata-Management-and-committee-members-received-surprising-advice-from-Bannermans-Lawyers-about-responsibility-for-smoke-alarms-12Mar2021

  15. Extract from minutes of committee meeting on 29 April 2021, confirming that fire and OH&S safety will be ignored:

    SP52948-extract-from-EC-meeting-ignoring-Lot-158-repeated-complaints-about-fire-safety-and-other-maintenance-29Apr2021.webp

    ...even when Ryde Council makes orders for repairs:

    SP52948-extract-from-minutes-EC-meeting-15Jul2021.webp

    And in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.webp

  16. Five months after Core Consulting Engineers presented fire engineering report to Waratah Strata Management on 7 October 2021, which was not provided to owners or even discussed at general meeting on 28 October 2021, notice for committee meeting on 3 March 2022 which was not sent to all owners (Lot 158 did not receive any notice of meetings for three years), included the report, BUT did not include any details of annual fire safety audit for 2022 (of special interest are number of owners whose smoke alarms are older than 10 years - in October 2021, Lot 49 and 158 forced owners corporation to replace both of them in each unit):

    SP52948-fire-engineering-report-dated-7Oct2021-only-presented-to-some-owners-five-months-later-and-not-sent-to-all-owners-on-3Mar2022.webp

    Sudden committee meeting scheduled for 12 May 2022 (prepared on 10 May 2022 and not sent to all owners) continue to deal with Core Consulting Engineers' issues as found out in their professional assessments during visits to site on 11 February 2021 and 3 June 2021.

    In spite of repeated and persistent reports of neglected common property items, Lot 158 had five open items as of late August 2022, which have been neglected by Waratah Strata Management and building maintenance staff. Even official statement that Lot 158 will initiate NCAT case to enforce compliance with strata laws unless owners corporation takes immediate remediation steps were ignored since 27 February 2022.

  17. Extracts for notice for committee meeting on 3 March 2022 (which was not sent to all owners) shows that problems continue in spite of stringent requirements to comply with safety regulations:

    SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-1.webp

    SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-2.webp

    SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-3.webp

    SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-4.webp

    SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-5.webp

    SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-7.webp

  18. In minutes of alleged committee meeting on 3 March 2022, further delays in rectifying safety issues were recorded:

    SP52948-extract-from-minutes-EC-meeting-further-delays-in-rectifying-safety-issues-3Mar2022.webp

    Sudden committee meeting scheduled for 12 May 2022 (prepared on 10 May 2022 and not sent to all owners) continue to deal with Core Consulting Engineers' issues as found out in their professional assessments during visits to site on 11 February 2021 and 3 June 2021.

    Extract from minutes from alleged committee meeting on 12 May 2022 show further delays in resolving safety issues:

    SP52948-more-delays-for-safety-issues-reported-at-committee-meeting-12May2022.webp

    In spite of repeated and persistent reports of neglected common property items, Lot 158 has five open items as of late August 2022, which have been neglected by Waratah Strata Management and building maintenance staff. Even official statement that Lot 158 will initiate NCAT case to enforce compliance with strata laws unless owners corporation takes immediate remediation steps were ignored since 27 February 2022.

    After lot of delays, number of forced repairs were initiated in the complex, as shown by notices on 21 June 2022 for work in Block A, B, and D:

    SP52948-Block-A-sudden-repairs-outside-building-21Jun2022

    SP52948-Block-B-sudden-repairs-outside-building-21Jun2022

    SP52948-Block-D-sunroom-window-frame-repairs-21Jun2022

    SP52948-Block-B-abseiling-repairs-photo-1-24Jun2022

    SP52948-Block-B-abseiling-repairs-photo-5-24Jun2022

  19. Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block A belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021, and two units (Lots 152 and 162) were still listed for repairs on 22 March 2022:

    SP52948-Block-A-notice-for-fire-safety-repairs-inside-units-starting-on-29Jun2021.webp

    SP52948-Block-A-fire-safety-repairs-starting-on-7Oct2021.webp

    SP52948-Block-A-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022.webp

    All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block A as per notice published on 21 March 2022:

    SP52948-Block-A-notice-for-smoke-alarm-replacements-on-26Mar2022-published-on-21Mar2022.webp

  20. In agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.webp

  21. A year later - status quo: in agenda for Annual General Meeting sent to owners on 10 October 2022, Waratah Strata Management and committee members confirmed ongoing problems with fire safety:

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-10Oct2022.webp

  22. Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block B belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021, and six units (Lots 15, 16, 24, 29, 47, and 48) were still listed for repairs on 22 March 2022:

    SP52948-Block-B-notice-for-fire-safety-repairs-inside-units-starting-on-29Jun2021.webp

    SP52948-Block-B-fire-safety-repairs-starting-on-6Oct2021.webp

    SP52948-Block-B-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022.webp

    All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block B as per notice published on 21 March 2022:

    SP52948-Block-B-notice-for-smoke-alarm-replacements-on-26Mar2022-published-on-21Mar2022.webp

    As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.webp

  23. Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block C belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021, and one unit (Lots 61) was still listed for repairs on 22 March 2022:

    SP52948-Block-C-notice-for-fire-safety-repairs-inside-units-starting-on-29Jun2021.webp

    SP52948-Block-C-fire-safety-repairs-starting-on-7Oct2021.webp

    SP52948-Block-C-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022.webp

    All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block C as per notice published on 21 March 2022:

    SP52948-Block-C-notice-for-smoke-alarm-replacements-on-26Mar2022-published-on-21Mar2022.webp

    As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.webp

  24. Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block D belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021:

    SP52948-Block-D-notice-for-fire-safety-repairs-inside-units-starting-on-29Jun2021.webp

    SP52948-Block-D-fire-safety-repairs-starting-on-7Oct2021.webp

    SP52948-Block-D-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022.webp

    All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block D as per notice published on 21 March 2022:

    SP52948-Block-D-notice-for-smoke-alarm-replacements-on-26Mar2022-published-on-21Mar2022.webp

    As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.webp

  25. Extracts from minutes of alleged committee meeting on 28 July 2022 (which was not sent to all owners) shows that problems continue in spite of stringent requirements to comply with safety regulations:

    SP52948-extract-from-EC-meeting-28Jul2022.webp

    Fire and OH&S safety delays are concrete evidence of ignorance of laws and lack of understanding risks to property and people.

  26. In spite of repeated and persistent reports of neglected common property items, Lot 158 has five open items as of late August 2022, which have been neglected by Waratah Strata Management and building maintenance staff. Even official statement that Lot 158 will initiate NCAT case to enforce compliance with strata laws unless owners corporation takes immediate remediation steps were ignored since 27 February 2022:

    1. Fire safety checks for external door and two smoke alarms for 2022 (not done in the first visit in January 2022 due to illness of occupants in Lot 158),

    2. Water leak damages near lighting on ceiling in sun-room (unresolved since September 2020),

    3. All intercom access points were scheduled to be tested in Block A on 10 February 2022. Lot 158 complained about their device not working occasionally several times and no repair or checks were done. On 10 February 2022, Lot 158 was not visited by H&T Security,

    4. Third event with horrific window frame being blown on sun-room happened in complex on 29 November 2020 (this time it was Lot 190 on level 7 in Block A). There is an outstanding task to check all sun-rooms in Block A since 1 December 2020 and this task has not been completed, at least not in Lot 158.

    5. Problem in Lot 158 with water disappearing in toilet bowl and creating foul smell occurred again (problem reported and attempted to be resolved by plumbers four times since 2011). Here is the listing of previous complaints and dates:

      16 November 2011 (sent to BCS Strata Management)

      12 April 2014 (sent to BCS Strata Management)

      11 April 2014 (sent to BCS Strata Management)

      27 November 2019 (sent to Waratah Strata Management)

      21 May 2022

    When fire safety inspection is not completed in the first visit, it is a legal requirement to do it in an additional inspection, like these examples show for 2020 where 70 out of 192 units in four buildings had to be checked again:

    SP52948-second-fire-safety-inspection-to-16-Block-A-units-due-to-lack-of-access-10Mar2020.webp

    SP52948-second-fire-safety-inspection-to-13-Block-B-units-due-to-lack-of-access-10Mar2020.webp

    SP52948-second-fire-safety-inspection-to-22-Block-C-units-due-to-lack-of-access-10Mar2020.webp

    SP52948-second-fire-safety-inspection-to-19-Block-D-units-due-to-lack-of-access-10Mar2020.webp

    Second visit to units who were not inspected in January 2022 was not completed and there is a probability that fire safety submission to Ryde Council did not declare it.

    More than three weeks after alleged two-week repairs in Block A were due to be completed, they were still ongoing, as per notice in Block A on 13 April 2022:

    SP52948-Block-A-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022-and-still-unresolved-three-weeks-later-13Apr2022.webp

  27. Minutes of committee meeting on 29 September 2022 showed alleged efforts by Waratah Strata Management and committee members to work on fire safety non-compliance:

    SP52948-extract-from-committee-meeting-29Sep2022.webp

  28. Agenda for Annual General Meeting on 10 October 2022 continued to report non-compliance with fire safety orders:

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-10Oct2022.webp

  29. Minutes of committee meeting on 9 February 2023 showed alleged efforts by Waratah Strata Management and committee members to work on fire safety non-compliance:

    SP52948-extract-from-committee-meeting-9Feb2023.webp

  30. On 19 March 2023 (Sunday) an unannounced repairs of lights in basement occurred at around 13:50 hours. No staff of building manager were seen near the basement to monitor the repairs, Part of the area was in darkness at the time:

    SP52948-unannounced-and-unmonitored-light-repairs-in-basement-on-Sunday-photo-2-19Mar2023.webp

  31. Notice for the committee meeting dated 26 May 2023 confirmed further delays for fire safety compliance, without full disclosure to owners:

    SP52948-notice-committee-meeting-continuous-fire-safety-problems-26May2023.webp

  32. Without any announcements, two non-compliant fire doors in Block A (ground floor and level 6) were replaced on 23 August 2023:

    SP52948-Block-A-ground-floor-unannounced-replacement-of-fire-door-photo-1-23Aug2023.webp

    SP52948-Block-A-ground-floor-unannounced-replacement-of-fire-door-photo-4-23Aug2023.webp

    SP52948-Block-A-ground-floor-unannounced-replacement-of-fire-door-photo-1-23Aug2023.webp

    SP52948-Block-A-level-6-unannounced-replacement-of-fire-door-photo-1-23Aug2023.webp

    SP52948-Block-A-level-6-unannounced-replacement-of-fire-door-photo-3-23Aug2023.webp

    At the same time, there were no open or closed quotes on Waratah Strata Management website:

    SP52948-waratahstrata-website-Open-and-Closed-Quotes-do-not-exist-23Aug2023.png

    At the same time, there was no open work order on Waratah Strata Management website:

    SP52948-waratahstrata.com.au-website-Maintenance-Open-Work-Orders-page-1-23Aug2023.png

    There are more fire doors which need proper repairs and replacements, and the technician working on 23 August 2023 admitted that they would be replaced in the following months. One example is fire door on ground floor in Block C - photos taken on 8 June 2020 and 23 August 2023 show how the negligent repairs tried to conceal poor maintenance:

    SP52948-Block-C-ground-floor-fire-door-poor-repairs-to-conceal-negligence-23Aug2023.png

    Since February 2017, Waratah Strata Management did not allow any owner access to annual fire safety and OH&S reports.

  33. On 27 August 2023 Block D entrance had rusted high temperature alarm, which was not repaired for many years (similar problem exists in other buldings):

    SP52948-Block-D-entrance-rusted-high-temperature-alarm-photo-1-27Aug2023.webp

  34. On 27 August 2023 (Sunday) an unannounced repairs of emergency exit light in basement occurred at around 12:14 hours. No staff of building manager were seen near the basement to monitor the repairs:

    SP52948-unannounced-emergency-exit-light-repairs-on-Sunday-photo-1-27Aug2023.png

    SP52948-unannounced-emergency-exit-light-repairs-on-Sunday-photo-4-27Aug2023.png

    SP52948-unannounced-emergency-exit-light-repairs-on-Sunday-photo-7-27Aug2023.png

    SP52948-unannounced-emergency-exit-light-repairs-on-Sunday-photo-10-27Aug2023.webp

  35. On 27 August 2023 another emergency exit light was found to be still faulty, in spite of it being reported on 9 July 2023:

    SP52948-Block-B-basement-faulty-fire-exit-light-photo-3-9Jul2023.webp

    SP52948-Block-B-basement-faulty-fire-exit-light-photo-3-27Aug2023.webp

    Problem still existed on 2 September 2023

  36. On 27 August 2023 two unprotected electrical cables (near townhouse 199 and basement of Block A), creating significant OH&S and insurance risk, were still found to be unresolved and unrepaired:

    SP52948-two-examples-of-unprotected-electrical-cables-creating-OHS-risks-for-many-years-27Aug2023.png

    Photos taken on 25 August 2023 show another OH&S risk near townhouse 199 - unprotected electical cables:

    SP52948-unprotected-cables-creating-OHS-risk-near-townhouse-199-photo-3-25Aug2023.webp

    SP52948-unprotected-cables-creating-OHS-risk-near-townhouse-199-photo-6-25Aug2023.webp

    Waratah Strata Management has history of repeated OH&S and fire safety concerns, as shown in email they ignored on 6 October 2019

    ... and another one on 25 April 2021

  37. On 31 August 2023 evidence of all four rusted high temperature alarms in four buildings were found - not repaired for many years.

    Block A:

    SP52948-Block-A-entrance-rusted-high-temperature-alarm-photo-2-31Aug2023.webp

    Block B:

    SP52948-Block-B-entrance-rusted-high-temperature-alarm-photo-2-31Aug2023.webp

    Block C, which also has another serious problem - alarm is installed on private property (courtyard of ground-floor unit):

    SP52948-Block-C-entrance-rusted-high-temperature-alarm-on-private-property-photo-3-31Aug2023.webp

    Block D:

    SP52948-Block-D-entrance-rusted-high-temperature-alarm-photo-2-31Aug2023.webp

  38. Brief walk around the complex on 1 August 2023 uncovered two faulty lights in the gardens:

    SP52948-faulty-emergency-exit-light-behind-Block-C-video-1Aug2023 (this one is of special concern due to repetitive safety problem that was reported many times in the past)

    SP52948-faulty-garden-light-behind-Block-C-video-1Aug2023.mp4

    The same emergency light was still not repaired as of 5 August 2023:

    SP52948-faulty-emergency-exit-light-behind-Block-C-video-5Aug2023.mp4

    The same emergency light was still not repaired as of 9 August 2023:

    SP52948-faulty-emergency-exit-light-behind-Block-C-video-9Aug2023.mp4

    The same emergency light was still not repaired as of 15 August 2023:

    SP52948-faulty-emergency-exit-light-behind-Block-C-video-15Aug2023.mp4

    The same emergency light was still not repaired as of 5 September 2023:

    SP52948-faulty-emergency-exit-light-behind-Block-C-video-15Aug2023.mp4

  39. Non-compliant committee meeting on 7 September 2023 confirmed further delays with OH&S and fire safety work - now outsstanding for more that two years:

    SP52948-extract-from-minutes-fire-safety-upgrade-7Sep2023

  40. Brief checks of the complex on 20 and 21 October 2023 uncovered number of ongoing problems, including three damaged fire doors (unrepaired for seven years) and faulty fire exit light (evidence collected that this light was faulty since at least 9 July 2023).

    SP52049-Block-A-basement-damaged-fire-door-photo-1-21Oct2023.webp

    SP52049-Block-A-basement-damaged-fire-door-photo-2-21Oct2023.webp

    SP52049-Block-A-basement-damaged-fire-door-photo-3-21Oct2023.webp

    SP52049-Block-A-basement-damaged-fire-door-photo-6-21Oct2023.webp

    SP52049-Block-C-basement-damaged-fire-door-photo-1-21Oct2023.webp

    SP52049-Block-C-basement-damaged-fire-door-photo-5-21Oct2023.webp

    SP52049-Block-C-basement-damaged-fire-door-photo-8-21Oct2023.webp

    SP52948-Block-B-basement-faulty-fire-exit-light-photo-1-20Oct2023.webp

  41. Agenda form AGM 2023 contained no information about annual fire safety statement for owners:

    SP52948-agenda-AGM-2023-Motion-11-annual-fire-safety-statement-without-any-details-for-owners.png

    Minutes of AGM 2023 contained brief, incomplete and misleading information and budgeting for fire safety remediation work was missing:

    SP52948-minutes-AGM-2023-Motion-11-annual-fire-safety-statement-incomplete-and-misleading-for-owners.png

    Massive (unapproved at any committee or general meetings, without evidence of multiple quotes) expenses including fire-related items in FY 2023 were sent in inquiry to Waratah Strata Management and committee members for AGM 2023 - they did not answer a single question. On 27 October 2023 (day after AGM 2023), Lot 158 resent the inquiry to eight committee members, Waratah Strata Management, and Uniqueco Property Services - they did not reply:

    SP52948-Motions-by-Lot-158-EGM-public-30Oct2023

    How much Waratah Strata Management and Uniqueco Property Services mislead owners is shown by these simple facts, highlighting problems in FY 2022 and FY 2023:

    • Waratah Strata Management did not allow owners at AGM 2023 to discuss FY 2022 (ending on 31 August 2022), $30,403.25 (GST excl) was paid for fire orders and repairs without disclosure of Council documents to owners, without plans for such repairs in 10-Year Capital Works Fund, and without detailed expense assessment at any general meeting

    • Waratah Strata Management did not allow owners at AGM 2023 to discuss FY 2023 (ending on 31 August 2023), $43,711.00 (GST excl) was paid for fire orders and repairs without disclosure of Council documents to owners, without plans for such repairs in 10-Year Capital Works Fund, and without detailed expense assessment at any general meeting

    • Waratah Strata Management did not allow owners at AGM 2023 to discuss FY 2023 (ending on 31 August 2023), $15,400.00 (GST excl) was paid for fire safety consultants without full disclosure to owners, without plans for such costs in 10-Year Capital Works Fund, and without detailed expense assessment at any general meeting

    • At AGM 2023, Mr. Health Crosbie mentioned issue of using an uncertified (or unlicensed?) contractor for fire safety orders, who was removed from further work, without disclosing if owners’ money was recovered for such work and if insurance company was notified about it

    As lot 158 prevented illegal three-year contract renewal for Uniqueco Property Services, Waratah Strata Management is forced to waste owners funds on another Extraordinary General Meeting soon, and Lot 158 prepared the following Motions for EGM 2023, which Waratah Strata Management silently disallowed:

    SP52948-AGM-2023-dubious-invoices

    SP52948-pending-legal-case-to-terminate-contract-with-Uniqueco-Property-Services-detailed-summary

  42. Example of poorly repaired exterior lights near entrance to basement, allowing rain to pour into the casing (potentially creating short circuit and fire hazard) on 12 January 2024:

    SP52948-poorly-repaired-exterior-lights-near-entrance-to-complex-photo-1-12Jan2024.webp

    SP52948-poorly-repaired-exterior-lights-near-entrance-to-complex-photo-2-12Jan2024.webp

  43. Brief walk in the complex on 20 January 2024 showed examples of neglect (rusted door handle on fire door in Block B, and rusted door on fire door in basement of Block D):

    SP52948-Block-B-rusted-fire-door-handle-photo-1-20Jan2024.webp

    SP52948-Block-B-rusted-fire-door-handle-photo-2-20Jan2024.webp

    SP52948-Block-D-fire-door-long-term-damages-due-to-water-leaks-photo-1-20Jan2024.webp

    SP52948-Block-D-fire-door-long-term-damages-due-to-water-leaks-photo-2-20Jan2024.webp

    SP52948-Block-D-fire-door-long-term-damages-due-to-water-leaks-photo-3-20Jan2024.webp

    Water leaks are responsible for many long-term problems in the complex, as this "waterfall" in basement of Block B documented on 20 January 2024:

    SP52948-Block-B-basement-long-term-leaks-and-concrete-cancer-20Jan2024.webp

  44. Block A level 2 fire exit sign - enclosure not properly installed since at least 13 November 2023, with additional check on 24 January 2024:

    SP52948-Block-A-level-2-problem-with-fire-exit-sign-photo-2-13Nov2023.webp

    SP52948-Block-A-level-2-problem-with-fire-exit-sign-photo-1-24Jan2024.webp

  45. Brief checks of the complex on 20 and 21 October 2023 uncovered number of ongoing problems, including three damaged fire doors (unrepaired for seven years) and faulty fire exit light (evidence collected that this light was faulty since at least 9 July 2023).

    Here is an example of how Uniqueco Property Services dealt with these problems - on 22 January 2024 (just seven days before annual fire safety audit), Block A external fire door still had significant damages:

    SP52948-Block-A-fire-safety-inspection-notice-22Jan2024.webp

    SP52948-Block-A-damaged-fire-door-photo-1-22Jan2024.webp

    So, how was the fire door repaired - in Australia, service of this quality is called shonky:

    SP52948-Block-A-shonky-repair-of-damaged-fire-door-photo-1-23Jan2024.webp

    SP52948-Block-A-shonky-repair-of-damaged-fire-door-photo-5-23Jan2024.webp

    Video proved it even better:

    SP52948-example-of-Uniqueco-Property-Services-maintenance-burnt-Block-A-fire-door-2-without-any-signs-for-fire-exit-3Dec2023 (video)

    SP52948-Block-A-shonky-repair-of-damaged-fire-door-23Jan2024 (video)

    Photo taken on 29 January 2024 shows how shonky repairs were simply repainted to cover door damage:

    SP52948-Block-A-repainted-shonky-repair-of-damaged-fire-door-photo-1-29Jan2024.webp

  46. On 14 September 2023, after making inquiries with City of Ryde Council, Lot 158 found out that the Council had issued the Order and a Show Cause Order, but such information was never shared with owners and investors (and possibly not shared with insurance company too).

    UPDATED-PROBLEM-REPORT-SP52948-persistent-fire-and-OHS-safety-13Sep2023.pdf

    SP52948-Ryde-Council-fire-safety-orders-follow-up-14Sep2023.png

    Typically, Council fire orders must be completed in six months from the date on which the order was served.

    Council Fire Order is a document that is served when strata complex has been deemed unsafe for its users. These orders are typically requiring an upgrade to the building’s safety systems and are given after a fire safety audit inspection is completed, whether it is random or was requested.

    As of late January 2024, Waratah Strata Management still did not allow access to fire order documents.

    Buildings with high density populations, like SP52948, are at a higher risk than single use spaces. The older the building, the more at risk it may be, due to outdated fire safety equipment and emergency signage.

    The problem was even greater due to fact that SP52948 had Class 2 buildings (apartment buildings), ans partially operated as Class 3 buildings (residential buildings providing long-term or transient accommodation for a number of unrelated persons).

    Few key points that require on-going proper maintenance:

    • Fire doors,

    • Smoke alarms,

    • Fire safety systems,

    • Maintenance services,

    • Emergency signage,

    • Emergency procedure training.

    Lot 158 made three attempts for document search (28 December 2023, 8 January 2024, and 15 January 2024), which Waratah Strata Management had ignored, until they learned about NSW Fair Trading case 11204124, and then they rushed to offer assistance on 30 January 2024:

    SP52948-Lot-158-fourth-attempt-to-obtain-access-to-strata-documents-31Jan2024

  47. Check of fire door 2 in basement of Block A on 1 February 2024 showed that no maintenance was done for many years:

    SP52948-Block-A-unmaintained-fire-door-1Feb2024 (video)

    How much Waratah Strata Management and Uniqueco Property Services were prepared to hide real status of OH&S and fire safety problems was displayed in agenda for sudden Extraordinary General Meeting on 31 January 2024 where no information was presented about it:

    SP52948-extract-from-agenda-EGM-31Jan2024

    ... and in agenda for committee meeting on the same day, Motion 4 contained no information for owners:

    SP52948-agenda-EC-meeting-31Jan2024

  48. Document search on 13 February 2024 uncovered that strata manager Mr. Simon Wicks, who was removed from managing SP52948 (allegedly retired in April 2019), actually continued to work at Waratah Strata Management as Fire Safety Officer for this strata plan:

    SP52948-email-from-Frank-Tallaridi-confirming-he-took-over-portfolio-from-Simon-Wicks-eight-week-searlier-25May2019.webp

    Mr. Simon Wicks responsible for fire safety delays in SP52948 on 31 October 2022 and further evidence from February 2024:

    Simon-Wicks-who-was-removed-from-managing-SP52948-works-as-fire-safety-officer-at-Waratah-Strata-Management-31Oct2022.webp

    Mr. Simon Wicks had history of professional misconduct not only at Waratah Strata Management but BCS Strata Management (who he worked for before joining Waratah Strata Management) too:

    BCS-Strata-Management-Refused-to-investigate-Strata-Manager-Simon-Wicks-Oct2011

    SP52948-Criminal-report-to-Police-personal-hate-mail-received-on-6Oct2011-to-BCS-Strata-Management-Simon-Wicks-and-ignored-by-strata-agency

    SP52948-concerns-sent-to-Simon-Wicks-BCS-Strata-Management-about-problems-with-supermarket-trolleys-4Jul2011

    SP52948-Comments-on-AGM-minutes-ignored-by-BCS-Strata-Management-Simon-Wicks-31Oct2011

  49. On 13 February 2024, during document search on Waratah Strata Management premises, evidence was found how Uniqueco Property Services and Waratah Strata Management ignored City of Ryde Council fire safety orders for one and half years on 18 June 2021. These documents were hidden from owners for two and half years, as of late February 2024:

    SP52948-City-of-Ryde-Fire-Safety-Orders-18Jun2021

    SP52948-City-of-Ryde-Council-warning-about-fire-safety-18Jun2021.webp

    On 5 April 2022, City of Ryde Council agreed to extend annual fire statement submission until 29 April 2022

    On 18 October 2022 City of Ryde Council sent another fire safety non-compliance:

    SP52948-City-of-Ryde-Council-warning-about-fire-safety-18Oct2022.webp

    This information was hidden from owners since 2019

  50. Block A ground floor fire exit door was jamming on 23 February 2024:

    SP52948-Block-A-ground-floor-jamming-fire-exit-23Feb2024 (video)

  51. Brief checks in the complex on 11 March 2024 uncovered number of problems:

    SP52948-Block-A-fire-safety-repairs-in-seven-units-11Mar2024

    SP52948-Block-C-fire-safety-repairs-in-two-units-11Mar2024

    SP52948-Block-D-fire-safety-repairs-in-two-units-11Mar2024

    SP52948-Block-C-ground-floor-damaged-fire-exit-door-photo-1-11Mar2024

    SP52948-Block-C-ground-floor-damaged-fire-exit-door-photo-2-11Mar2024

    SP52948-Block-C-ground-floor-damaged-fire-exit-door-11Mar2024 (video)

    SP52948-damaged-garden-lighting-pole-near-Block-D-photo-2-11Mar2024

    SP52948-damaged-garden-lighting-pole-near-Block-D-photo-4-11Mar2024

    SP52948-destroyed-garden-lighting-pole-near-townhouse-199-11Mar2024 (video)

  52. Examples of Uniqueco Property Services allowing items to be left on common property, endangering safe passage to exit the buildings in case of emergencies:

    SP52948-Block-A-ground-floor-bike-left-on-common-property-17Mar2024

    SP52948-Block-A-level-3-statues-on-common-property-17Mar2024

    SP52948-Block-A-level-3-statues-on-common-property-26Mar2024

  53. Email sent to Waratah Strata Management, Uniqueco Property Services, City of Ryde Council, Fire Safety, and committee members on 27 March 2024 documenting lot of problems:

    SP52948-persistent-fire-and-OHS-issues-on-27Mar2024.html

  54. City of Ryde Council sent us a reply on 27 March 2024, with updated notice of intention for fire safety orders, which strata manager was instructed to share with all owners:

    SP52948-non-compliance-order-City-Of-Ryde-Reference-No-POrder6PBE-2312827.pdf

  55. All committee meetings (and most of general meetings) from 1 February 2017 when Waratah Strata Management took office were non-compliant with strata laws and regulations.

  56. Quick check of few fire exit doors in basement on 7 April 2024 showed long-term neglect:

    SP52948-Block-A-rusted-fire-door-exit-7Apr2024 (video)

    SP52948-Block-D-rusted-fire-door-exit-7Apr2024 (video)

    SP52948-Block-D-rusted-second-fire-door-exit-7Apr2024 (video)

    In addition, Block C roof area was still unprotected, creating OH&S risks as reported in Napier&Blakeley's professional report in 2012:

    SP52948-Block-C-unprotected-roof-area-and-OHS-risks-since-2012-7Apr2024 (video)

  57. Instead of resolving continuous fire and OH&S safety problems that directly affected 218 properties in the complex, Waratah Strata Management and Uniqueco Property Services decided to waste common funds on defibrillator on 30 April 2024:

    SP52948-installation-of-defibrillator-unit-whilst-critical-fire-safety-non-compliance-orders-ignored-for-four-years-30Apr2024

    SP52948-Block-A-ground-floor-installation-of-defibrillator-unit-whilst-critical-fire-safety-non-compliance-orders-ignored-for-four-years-1May2024

    Comparing the importance between defibrillator and fire safety issues, defibrillator should have been the last item to consider.

    As of 1 May 2024, Waratah Strata Management and Uniqueco Property Services still refused to notify owners about City of Ryde Council notice of intention for fire safety orders dated 27 March 2024.