Waratah Strata Management Non-Compliance of SP52948 Auditor Reports Since 2017
Clause 21 of the Strata Schemes Management Regulations 2016 requires that the accounts and financial statements of the owners corporation with budget above $250,000.00 must be audited before presentation at Annual General Meeting (AGM) in accordance with Section 95 of the Strata Schemes Management Act 2015. That is what the law prescribes.
Waratah Strata Management since 2017 failed to comply with SSMA 2015 and SSMR 2016 six times for Annual General Meetings and four times for Extraordinary General Meetings that followed AGMs, whilst in other two years the Auditor's Report at AGMs in SP52948 was highly questionable.
Evidence from Economos signed and authorised documents confirming they were directly involved in timing and scope of audits for SP52948 since 2018:
Waratah-Strata-Management-non-compliance-of-SP52948-Auditor-reports
Table of SP52948 audits since 2017:
NSW Fair Trading cases 11138875 and 11204124 - Waratah Strata Management failed to provide copy of audit reports
Lot 158 finally starting to achieve results: NSW Fair Trading letter on 17 October 2023, confirming that Waratah Strata Management failed to comply with regulations for Auditor's reports (and this is just the beginning of troubles for this strata agency):
Nine committee members were asked to inform all owners about NSW Fair Trading update on 18 October 2023 and they did not respond:
On 19 October 2023, Director of Uniqueco Property Services was given one-page document to put on or near six notice boards. Mr. Steve Carbone pretended that he had to ask Mr. Robert Crosbie (Director of Waratah Strata Management) for permission to publish it, and then never completed the task to comply with Lot 158 request:
As of early Februaty 2024, many common-property problems exist in Lot 158 alone. They are completely ignored by Waratah Strata Management and Uniqueco Property Services. Last attempt to engage with them was an email sent on 27 October 2023, a day after AGM 2023 where Lot 158 prevented illegal renewal of three-year contract with Uniqueco Property Services:
SP52948-unresolved-common-property-maintenance-issues-in-Lot-158
Because Waratah Strata Management (Mr. Robert Crosbie and Mr. Heath Crosbie) and committee members (Mr. Stan Pogorelsky, Mr. John Gore, Ms. Genelle Godbee, Mr. Ramesh Desai, Ms. Kathryn Cutler, Mr. Carlos Fornieles Montoya, Mr. Andrew Ip, and Mr. Jeffery Wang, whilst Mrs. Marianna Paltikian was notified through strata manager) did not answer any questions about dubious expenses at AGM 2023, Uniqueco Property Services was also asked to provide their responses:
SP52948-AGM-2023-dubious-invoices-24Oct2023
SP52948-Motions-by-Lot-158-EGM-public-30Oct2023
In one of many examples of Lot 158 efforts, on 5 October 2015 Lot 158 tried to reason with BCS Strata Management (they lost contract with SP52948 at AGM in 2016) to avoid massive and persistent mismanagement of common funds and pending large expenses due to neglect of complex. Lot 158 was ridiculed and completely ignored.
Lot 158 tried to reason with Waratah Strata Management and committee members to avoid bankruptcy and unnecessary legal costs and insurance risks on 2 June 2019. Lot 158 was ridiculed and completely ignored.
Lot 158 tried to reason with Waratah Strata Management and committee members to prevent unnecessary legal costs and assist NSW Fair Trading and Police on 18 June 2019. Lot 158 was ridiculed and completely ignored.
Lot 158 predicted risks of running out of money in email and warning to Waratah Strata Management, Uniqueco Property Services, and committee members on 29 June 2019. Lot 158 was ridiculed and completely ignored.
Seven more warnings were sent to Waratah Strata Management and committee members in 2023 - no reply was ever received:
In agenda for Annual General Meeting 2023, Waratah Strata Management continued to mislead owners, confirming problems with strata funds without disclosing any balance sheets from funds, ongoing problems with fire safety, and providing completely false and fabricated figure of 18% inflation rate over three last years:
Even layman can easily confirm that figure for official inflation rates of 18% for three years prior to 2023 were grossly inflated, false, and deliberately designed to coerce owners:
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... whilst sending this agenda to owners (full of errors and misleading statements)
SP52948-Waratah-Strata-Management-organised-non-compliant-ordinary-committee-meetings-since-1Feb2017, with special emphasis on AGM 2023 in October:
Because Waratah Strata Management continued to act in non-compliance with laws, NSW Fair Trading recommended to open another investigation, which Lot 158 did in mid-January 2024.
SP52948-Waratah-Strata-Management-notified-about-NSW-Fair-Trading-case-11204124-25Jan2024:
In period from October 2017 to November 2023, Waratah Strata Management failed to comply with Clause 21 of the Strata Schemes Management Regulations 2016 seven times, which requires that the accounts and financial statements of the owners corporation with budget above $250,000.00 must be audited before presentation at Annual General Meeting (AGM) in accordance with Section 95 of the Strata Schemes Management Act 2015. In spite of NSW Fair Trading ruling in case 11138875 on 17 October 2023 (which Waratah Strata Management hid from owners), Waratah Strata Management deliberately continued to ignore Clause 21 of the Strata Schemes Management Regulations 2016 at two general meetings in late 2023, where audited accounts were not provided to any owner before, at, and after the meetings when minutes where published: Annual General Meeting on 26 October 2023 and Extraordinary General Meeting on 30 November 2023. As Economos Auditor failed to co-operate with Chartered Accountants Australian & New Zealand in case PC - 003660, he was notified about being listed as accessory for non-compliance of SP52948 audits in January 2024.
False statement about last Annual General Meeting (AGM) at Strata Hub nsw.gov.au with risks of penalties for outdated and wrong information – Waratah Strata Management ignored concerns about non-compliance with Strata Schemes Management Amendment (Information) Regulation 2021 seven times since June 2023. Since June 2023 Waratah Strata Management has not taken any corrective action whilst charging SP52948 in amount of $678.18 for their work in FY 2023.
This trend continued as of 30 January 2024:
SP52948-NSW-strata-registration-15May2023-screenshot-taken-on-30Jan2024
On 31 January 2024, in panic, Waratah Strata Management "managed" to correct false data at Strata Hub:
SP52948-NSW-strata-registration-31Jan2024-screenshot-taken-on-2Feb2024
Waratah Strata Management failed to comply with SSMA 2015, Sch1, Part 10(1) at AGM 2023 and EGM 2023, where Lot 158 requested that owners corporation provides copies of administrative fund, the capital works fund and any other fund of the owners corporation (term deposits and trust accounts, and others as applicable), which have to be produced to the owner at least two days before the meeting at which the statements are to be presented. Of special interest is evidence of how Waratah Strata Management paid invoices from Admin Fund which had negative balance almost 100% of the time during FY 2023 and so far in FY 2024. If the money was borrowed from Capital Works Fund, Waratah Strata Management must have complied with SSMA 2015 Section 76. Waratah Strata Management hides from owners that Admin Fund balance is so bad that monthly salaries for building manager Uniqueco Property Services have been significantly delayed since November 2023, so much so that one monthly salary is still missing in balance sheet as of 22 January 2024.
At committee meeting on 22 February 2024, it was confirmed that Waratah Strata Management had "accidentally" falsified financials since November 2023 because they "missed" to report one monthly salary for Uniqueco Property Services and did not report gas usage payments too:
Waratah Strata Management failed to comply with SSMA 2015 Section 182 for SP52948 document search three times: on 28 December 2023, 8 January 2024, and 15 January 2024.
This trend continued at finally "allowed" document search on 13 February 2024:
SP52948-Lot-158-outcome-of-access-to-strata-documents-public-13Feb2024
Table of major concerns with Waratah Strata Management since 1 February 2017
Repetitive efforts by Waratah Strata Management to prevent Lot 158 Motions from proper management of SP52948 complex SP52948 Lot 158 Motions for AGM 2017
SP52948 Lot 158 Motions for AGM 2018
SP52948 Lot 158 Motions for AGM 2019
SP52948 Lot 158 amendments for Motions for AGM 2019
SP52948 Lot 158 Motions for AGM 2020
SP52948 Lot 158 Motions for AGM 2022
SP52948 Lot 158 Motions for AGM 2023
SP52948 short version of Lot 158 Motions for AGM 2023
SP52948 Lot 158 Motions for EGM 2023 after many issues found at AGM 2023
SP52948 Hiding Information About Lack of Funds Since 1999 With Special Emphasis on Admin and Capital Works Fund Balance Status Concerns in Period From 31 January 2017 When Waratah Strata Management Took Office
Lack of funds in Admin Fund are kept secret from owners on number of occassions by BCS Strata Management and Waratah Strata Management:
SP52948-secret-cash-advance-from-Pica-Group-paid-seven-months-later-cheque-date-25Mar2015. BCS Strata Management took extreme step to prevent Lot 158 Motion about it at AGM 2016: SP52948-BCS-Strata-Management-failed-to-include-Motion-for-secret-cash-advance-from-Pica-Group-AGM-2016. Extract from accounting data: SP52948-PICA-Creditor-Code-90906-undisclosed-cash-advance-repayment-25Mar2015
SP52948 Extract from minutes of EC meeting on 23 September 2021 - shortage of $1,515,541.00 in Capital Works Fund against the forecast in April 2017 that was approved without general meeting. This email shows the risk of lack of planning:
SP52948-Lot-158-warning-about-1.5-million-deficit-in-Capital-Works-Fund-1Oct2021.
Annual General Meeting was held on 28 October 2021, and no owner received email or printed copy of rushed updates to Capital Works Fund which simply delayed all major repairs, effectively made balance looked artificially positive: SP52948-waratahstrata.com.au-website-Documents-folder-part-1-14Oct2021
Agenda for AGM 2021 was dispatched on 7 October 2021 and BIV's updated Capital Works Fund plan was created a day earlier:
SP52948-Issues-to-be-dealt-with-at-next-EC-Meeting-ignored-by-BCS-Strata-Management-Jul2015
Sinking Fund plan in 1998 was never provided to owners by previous strata managers
BCS Strata Management (who joined this complex in 1999) continued with the same practice - they kept 10-Year Sinking fund undisclosed to owners for six years and in 2011 BCS Strata Management admitted not even having a copy of the document
Strata managers refuse to inform owners about professional reports that document needs for major repairs and upgrades
Another 10-Year Capital Works Fund assessement was suddenly commissioned in October 2021 but not presented to owners corporation to approve or vote at general meeting on 28 October 2021. Most of major repairs are delayed for 10 years, one drastic example are roofs and the other are fire safety repairs and compliance orders which are still due to be completed. BIV Reports Pty Ltd completely reversed almost all of their own plans made in March 2017
Even layman can easily find the problems with latest BIV report: SP52948-discrepancies-in-BIV-report-for-10-Capital-Works-Fund-in-2017-and-2021
Lack of proper collection of levies and their collection started creating balance sheet issues:
- Kept secret from owners on number of occassions by BCS Strata Management and Waratah Strata Management:
SP52948-secret-cash-advance-from-Pica-Group-paid-seven-months-later-cheque-date-25Mar2015. BCS Strata Management took extreme step to prevent Lot 158 Motion about it at AGM 2016: SP52948-BCS-Strata-Management-failed-to-include-Motion-for-secret-cash-advance-from-Pica-Group-AGM-2016.
Extract from accounting data: SP52948-PICA-Creditor-Code-90906-undisclosed-cash-advance-repayment-25Mar2015
Three periods in FY 2021 with negative balance in Administration Fund without disclosure to owners
It said:
Dangerous problems like inadequate fire safety, structural defects and dodgy waterproofing have appeared in two in five strata buildings across NSW, alarming research has revealed.
The cost of repairing these serious defects averaged nearly $332,000 per affected building, according to the Strata Community Association of NSW, the peak body for the strata industry.
The most common defect was waterproofing issues, which was an issue in nearly two thirds of the buildings flagged as having problems.
Other common defects included problems with the fire safety systems (38 per cent), structure (27 per cent), key services (17 per cent) and non-compliant cladding (16 per cent).
These issues were rarely fixed quickly and most owners corporations took a year or longer to get the problems resolved, the survey of 1400 strata managers showed.
Few buildings reported being able to recover any of the costs of rectifying the defects.
Strata Community Association NSW president Chris Duggan said defect rectification was causing unnecessary strain and cost to owners in strata buildings.
He urged residents to check that their strata manager was part of a professional standards scheme to ensure a strong duty of care.
SP52948-effects-of-Waratah-Strata-Management-on-Balance-Sheet-from-31Jan2017-to-7Mar2024
... however, this document suffered forceful amendments (and they are almost surely not complete!), due to admission by Waratah Strata Management at committe emeeting on 22 Februarty 2024 (which they refused to add in the minutes of the meeting) that they had "accidentally" failed to include Uniqueco Property Services salary payments for November 2023:
This is comparison side-by-side:
On 29 April 2021, for the first and only time, Waratah Strata Management reluctantly admitted negative balance in Admin Fund, without providing any details, and claiming that it was a temporary problem:
Owners were not informed about three quarters in FY 2021 with negative balance in Admin Fund:
SP52948 Balance Status on 31 January 2021, Admin Fund negative balance of $18,794.90
SP52948 Balance Status on 30 April 2021, Admin Fund negative balance of $25,254.77
SP52948 Balance Status on 31 July 2021, Admin Fund negative balance of $22,323.34
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Not only this negative balance is shockingly bad for owners and investors, but created further high risks because SP52948 insurance premium due on 21 September 2023 was allegedly still not renewed as of 11 October 2023 (20 days after the due date):
SP52948-expired-insurance-on-21Sep2023-not-renewed-as-of-11Oct2023
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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 it was published as late as 9 December 2022, 43 days after the Annual General Meeting, such report was not made available on Waratah website earlier - Admin Fund on 25 December 2022 had negative balance of $130,200.95).
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:
Graph of serious negative balance in Admin Fund since 1 February 2017 when Waratah Strata Management took office to 7 March 2024 speaks for itself:
For first time in history of strata complex SP52948, thanks to Waratah Strata Management, Admin Fund had continuous negative balance two whole FY 2023 quarters (1 November 2022 to 31 January 2023, and then from 1 February 2023 to 30 April 2023):
For first time in history of strata complex SP52948, thanks to Waratah Strata Management, Admin Fund had almost continuous negative balance in third FY 2023 quarter (1 May 2023 to 31 July 2023):
Thanks to Waratah Strata Management, SP52948 Admin Fund had almost continuous negative balance in whole FY 2023 (1 September 2022 to 31 August 2023):
SP52948-effects-of-Waratah-Strata-Management-on-Balance-Sheet-from-1Sep2022-to-31Aug2023
Waratah Strata Management changed their own data in Balance Sheets dated 30 April 2023 and 31 May 2023, where Admin Fund had negative balance of $170,670.75 on 30 April 2023 and $173,000.75 for the same date (30 April 2023) on 31 May 2023:
Waratah Strata Management changed their own data in Income & Expenditure Report for 31 August 2023 (end of financial year) and three different versions were found in late evening on 31 August 2023, 6 September 2023, and 16 September 2023:
Thanks to Waratah Strata Management, SP52948 Admin Fund had almost continuous negative balance in whole FY 2024 (1 September 2023 to 31 August 2024):
In spite of undisclosed cash-flow problems, contract for Uniqueco Property Services was increased by extra 2% (costing owners an extra $6,794.76 in first 12 months) at a non-compliant committee meeting on 9 February 2023, and extra 10% at a non-compliant committee meeting on 7 September 2023, without approval by owners corporation at general meeting. It is worth stating that contract renewal without any tender was allegedly approved for three years at general meeting in 2020:
In March 2023, Uniqueco Property Services monthly salary increased from $28,311.75 to $28,877.98 (first increase in 2023, without approval by owners corporation at general meeting):
At non-compliant committee meeting on 7 September 2023, without giving owners any details of poor financial and property management, the following brief statement about finances:
... and still recommended salary increases:
What Waratah Strata Management failed to disclose to owners was the fact that monthly salary to Uniqueco Property Services already increased from $28,877.98 to $31,764.07 (an increase of 10%), as shown in Income & Expenditure Report dated 13 September 2023 (second increase in 2023, without approval by owners corporation at general meeting):
... on the same day (13 September 2023), negative balance in Admin Fund was $37,050.64:
In agenda for AGM 2022 on 10 October 2022, owners received concerns about financial status and levies, without getting any picture of long-term problems with planning the levies and future costs. Chairperson Mr. John Gore mislead the owners by talking about "surplus" in Admin Fund in 2022, while the actual status on the day of Annual General Meeting there was a negative balance of $203,914.85 (misleading and dangerous presentation of facts):
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On 20 January 2023, Insurance company was warned about these high risks and their unpaid reimbursement
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In spite of fresh collection of levies on 1 February 2023, SP52948 Admin Fund balance became negative straight away at the beginning of a new quarterly cycle: -$2,643.41:
SP52948-Balance-Sheet-2Feb2023
SP52948-Income-and-Expenditure-Report-1Sep2022-to-2Feb2023.pdf
SP52948 Unpaid Gas Heating Levies Since 1999 and Undisclosed Information About Significant Losses in Owners Funds
BCS Strata Management and Waratah Strata Management withheld information from owner that a group of owners, including several who were allowed to be elected on committee and vote whilst unfinancial (Mr. Moses Levitt, Mr. Stan Pogorelsky, Mr. Upali Aranwela, Mrs. Lorna Zelenzuk, Mrs. Marianna Paltikian).
BCS Strata Management (until 31 January 2017) and Waratah Strata Management (since 1 February 2017) failed to collect prescribed levies (including 10% simple interest per year for overdue levies) and failed to properly audit gas heating connections (status as of September 2019 - Waratah Strata Management and building manager Uniqueco Property Services do not conduct regular checks of undeclared gas heating connections):
As of late February 2024, no evidence exists that such audit was conducted again.
Both strata companies were approached many times to assist CTTT, NCAT, Fair Trading NSW, and they refused to comply.
BCS Strata Management and Waratah Strata Management - dozen different versions for unpaid gas heating levies whilst allowing such owners to vote and be elected on committee - extract from committee meetings and strata files in period 1999 to 2021 shows repetitive acts of deceit and misappropriation of common funds.
SP52948-Lot-181-failed-to-produce-evidence-for-gas-heating-levy-payments-8Jun2015
Extract from Solicitor's secret email to Waratah Strata Management on 23 August 2017, showing full awareness of allegations of unpaid levies by several committe members
SP52948-committee-member-Thomas-Karolewski-asking-Waratah-Strata-Management-to-respond-to-Lot-158-in-relation-to-recovery-of-overdue-unpaid-gas-heating-levies-2May2019. Response to Lot 158 or any evidence to prove that their statements were inconclusive or wrong has never been provided
This is how Waratah Strata Management and committee members manipulated meetings, with special emphasis on Annual General Meeting on 19 October 2019, when they allegedly "decided" to waive overdue levies, at huge loss to owners corporation:
Waratah Strata Management and committee members openly mislead owners, because Mr. Stan Pogorelsky (Lot 158 has these statements for other unfinancial owners who had gas heating connections) did not pay any gas heating levies in period from 1 February 2015 to 30 January 2027 apart from $311.66 which allegedly covered all periods up to 31 October 2015:
SP52948-Lot-181-statement-of-account-receipts-1Feb2015-to-30Jan2017-part-1
SP52948-Lot-181-statement-of-account-receipts-1Feb2015-to-30Jan2017-part-2
All SP52948 owners (of which several were even allowed to be on the committee and vote: Mr. Stan Pogorelsky, Mr. Moses Levitt, Mrs. Lorna Zelenzuk, Mr. Upali Aranwela, to list a few) with unpaid gas heating levies were approached many times, and they refused to respond, and instead engaged in vicious attacks against Lot 158 including threats, intimidation, harrassment, and exposure to ridicule.
By not collecting prescribed levies, Waratah Strata Management helped such owners to avoid paying them in full, which created opportunity for significant loss of funds due to following trick used by some (serious problems with balances in Admin and 10-Year Capital Works Funds are crearly documented above in this document):
SP52948 Discrimination Of Owners - Some Are Allowed To Avoid Levy Payments Whilst Others Chased for Debt
Privileges for selective owners happen in SP52948 regularly and discrimination was allowed by BCS Strata Management (in period from 1999 to 2017) and Waratah Strata Management (in period from 2017) for many years.
Here is an example of how BCS Strata Management waived late levy fees for two owners Lot 103 and 218 on 22 March 2000. Of critical importance is that current owner of Lot 218 is a committe member Mr. Jeffery Wang, who still has liability for overdue levies:
Waratah Strata Management and committee members prevent owners to have knowledge of strata laws:
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
Waratah Strata Management and committee members prevent owners to have knowledge of NSW Fair Trading regulations:
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.
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:
Example of Lot 90 complaining to Waratah Strata Management on 21 September 2017 about being charged late payment fees for overdue levies in spite of never receiving invoices:
SP52948-Lot-90-complaint-about-not-receiving-invoices-by-post-21Sep2017
At AGM 2018, he was forced to pay overdue levies in full:
SP52948-Lot-90-forced-to-pay-overdue-levies-with-full-fees-AGM-18Oct2018.png
On 18 February 2024, Lot 158 warned committee members and Waratah Strata Management about discrimination and they ignored it:
SP52948-discrimination-and-special-privileges-for-selective-owners-18Feb2024
How did they act: at Extraordinary General Meeting four days later (on 22 February 2024):
Waratah Strata Management with full support of committee members did not want to disclose names of owners valid for this meeting (SSMA 2015, Sec 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)
Waratah Strata Management and committee members refused to amend minutes of AGM on 26 October 2023 and EGM on 30 November 2023
Waratah Strata Management and committee members did not refute their false statements about self-nominations at AGM 2023
Waratah Strata Management and committee members refused to strike ouit three requests for renovations, which were non-complaint with by-laws and starata laws
... committee members waived overdue levy fees for Lot 7 (approved such discrimination):
Ms. Genelle Godbee
Ms. Kathryn Cutler
Mr. Stan Pogorelsky
Mr. Jeffrey Wang
Mr. Carlos Fornieles Montoya
Mr. Basil Gionea
Mr. Ramesh Desai
One day after the EGM, on 23 February 2024, Lot 183 received stern warning about his overdue levies (another owner who was discriminated):
Waratah Strata Management refuses to issue invoices for payments of Solicitor Adrian Mueller alleged services
Waratah Strata Management refuses to inform owners about these payments, for which Lot 158 is deliberately prevented by Waratah Strata Management to have an invoice or proof of payment:
Waratah Strata Management and Solicitor Adrian Mueller orchestrated secret insurance claims in March 2023 without informing owners and Supreme Court, or having approval by owners corporation:
Waratah Strata Management had full knowledge that they had to repay insurance company for Solicitor Adrian Meuller's legal costs claims promptly, but declined to do it:
This example of email by Solicitor Adrian Mueller, with full support by Waratah Strata Management, shows they are prepared to go to extremes to prevent access to files and disallow investigations of their misconduct on 19 November 2019:
At document search on 13 February 2024, the invoices and receipts were not found again:
SP52948-Lot-158-outcome-of-access-to-strata-documents-13Feb2024
... but what was found were handwritten notes by Mr. Robert Crosbie confirming how he delayed repayments to AIG Insurance, practically double-dipping for the same alleged legal costs of Solicitor Adrian Mueller in NCAT case SC 20/33352:
SP52948 Waratah Strata Management Non-Compliance with SSMA 2015 and Interpretation Act 1987 (NSW) for Meetings
As recently as 28 November 2018, amendments to the Interpretation Act (section 76(1)(b)) saw the ‘postage’ time period extended from 4 business days to 7 business days. The ‘postage’ period must be calculated before applying the meeting notice period. It is based on the Interpretation Act detailed in a circular issued by Australia Post in 2016 stating 7 business days for Standard Delivery.
NSW Strata Community perfect summary of strata meeting requirements
SP52948-Waratah-Strata-Management-organised-non-compliant-ordinary-committee-meetings-since-1Feb2017
Since 1 February 2017, when Waratah Strata Management took office, no ordinary or general meeting satisfied regulations and requirements as defined by SSMA 2015 and Interpretation Act 1987 (NSW).
Waratah Strata Management deliberately ignored evidence about recent decision in ACA Developments Pty Ltd vs The Owners – Strata Plan No. 73759 (2023) (“ACA Development“): notice was issued to convene a general meeting of the owners corporation with a motion to pass a by-law aimed at restricting short-term accommodation. However, the notice was served only five clear days before the scheduled meeting, failing to meet the mandatory seven-day requirement under the SSMA 2015. As a result, the Tribunal declared the resolution made at that meeting as invalid and repealed the by-law registered subsequent to the motion’s passage.
In ACA Development, the owners corporation served the meeting notice through a mailing company, and the mailing company lodged the notice with Australian Post two days short of the statutory requirement. Delivery to a mail house is not delivery to the postal system. In accordance with the Interpretation Act 1987, service of the notices was deemed be effected on the seventh working day after they were posted (day of post excluded), with the day of receipt excluded from the calculation.
The ACA Development case also highlighted the significance of strict compliance with the seven-day notice requirement, as established by a previous Supreme Court case, The Owners – Strata Plan No 62022 v Sahade [2013] NSWSC 2002 (“Sahade“). In Sahade, the notice of the general meeting was served one day late, precisely six days before the meeting. The Supreme Court emphasized that strict compliance is necessary, particularly when the Act employs the terms “must” and “at least,” ensuring the effectiveness of a properly served notice.
In spite of direct questions, Waratah Strata Management failed to provide a means that demonstrates the date of posting and delivery, such as a registered, express, or other tracked postal or courier service. Waratah Strata Management stayed silent and provided no evidence to Fair Trading NSW, NCAT, Office of Legal Services Commissioner (owner's submissions for professional misconduct by Solicitor Adrian Mueller, and Supreme Court).
Four cases were opened with Australia Post since 2018 (18901640, 20472440, 24171104, 30903851) and each time there was a resounding statement that no evidence of lost letters were detected or recorded for Lot 158.
Strata Plan SP52948 committee meeting dated 1 March 2017, 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). It was admitted by Director Mr. Robert Crosbie himself.
SP52948 Contract with Uniqueco Property Services Without Tenders Since 2014
SP52948 Contract with Waratah Strata Management Without Tenders
Table of strata management contract paid yearly to Waratah Strata Management since 1 February 2017:
Waratah Strata Management fees charged from SP52948 (GST excl) FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Admin – Management Fees – Standard $28,578.63 (five months were paid to BCS Strata Management who was removed from SP52948 on 31 January 2017 when Waratah Strata Management took office) $21,463.55 $22,099.92 $23,020.82 $24,171.90 $25,380.38 $26,663.37 FY ongoing Admin – Agent Disbursements $9,097.37 (five months were paid to BCS Strata Management who was removed from SP52948 on 31 January 2017 when Waratah Strata Management took office) $11,108.38 $11,400.00 $11,875.00 $12,468.70 $13,092.24 $13,771.85 FY ongoing Insurance Commissions $0.00 (BCS Strata Management not allowed to receive insurance commissions due to conflict of interest, which Waratah Strata Management abused in the following years) $6,570.16 $6,084.84 $5,633.62 $6,541.55 $6,541.55 $6,541.55 $9,936.71 Admin – Accounting $300.00 (five months were paid to BCS Strata Management who was removed from SP52948 on 31 January 2017 when Waratah Strata Management took office) $600.00 $450.00 $900.00 $600.00 $450.00 $900.00 FY ongoing Admin – Agent Disburst – Other $9,097.37 (five months were paid to BCS Strata Management who was removed from SP52948 on 31 January 2017 when Waratah Strata Management took office) $4,275.18 $0.00 $986.00 $1,881.00 $0.00 $100.00 FY ongoing Admin – Agent Disburst – Stationery $52.73 (five months were paid to BCS Strata Management who was removed from SP52948 on 31 January 2017 when Waratah Strata Management took office) $52.73 $0.00 $0.00 $52.73 $34.91 $0.00 FY ongoing Admin – Management Fees – Additional Charges $1,830.50 (five months were paid to BCS Strata Management who was removed from SP52948 on 31 January 2017 when Waratah Strata Management took office) $0.00 $0.00 $0.00 $0.00 $0.00 $768.18 FY ongoing Admin – Prior Period Adjustment $0.00 (for five months BCS Strata Management managed SP52948 until 31 January 2017) $0.00 $2,458.43 $0.00 $0.00 $0.00 $0.00 FY ongoing Admin – Agent Disburst – Couriers $0.00 (for five months BCS Strata Management managed SP52948 until 31 January 2017) $0.00 $0.00 $0.00 $14.46 $0.00 $0.00 FY ongoing In period from 2018 to 2023, Waratah Strata Management standard fees (base) increased by 24.22%.
In period from 2018 to 2023, Waratah Strata Management disbursements increased by 23.97%.
When 2017 is added (in which BCS Strata Management managed SP52948 for five months) Waratah Strata Management disbursements increased by staggering 51.38%.
SP52948-brief-log-of-events-related-to-contracts-for-strata-and-building-managers-public-version
Ryan Strata offered superior strata management services on 10 May and 27 June 2016 but they were discarded by committee members and BCS Strata Management:
Minutes of AGM removing BCS Strata Management and approving contract with Waratah Strata Management on 19 October 2016:
Contract with Waratah Strata Management signed by two unfinancial committee members (Mr. Stan Pogorelsky and Mr. Moses Levitt) and increased base value from $21,800.00 to $23,110.00 without owners knowledge on 14 December 2016:
Three-year contract with Waratah Strata Management, without any tender, was signed by two unfinancial committee members (Mr. Stan Pogorelsky and Mr. Moses Levitt) allegedly straight after the AGM on 24 October 2017:
Contract with Waratah Strata Management, without any tender or full disclosure of costs, was approved at AGM on 17 October 2019:
Would a reasonable person make an informed decision on corruption of Waratah Strata Management when presented with emails that Mr. Robert Crosbie ignored and failed to share with other owners, NSW Fair Trading, NCAT, and Supreme Court:
Contract with Waratah Strata Management, without any tender or full disclosure of costs, was approved at AGM on 27 October 2022:
The following tenders were disallowed for competing for strata and building management contracts at AGM 2020 without valid reasons.
Three very competitive quotes for building management contract:
Curtis Strata Cleaning
Forte Asset Services
Clean and Secure Building Management
All three of them offered two options for security services with licensed staff:
Patrols two times a night in around 30 minute duration each time,
Full 10-hour a night onsite security.
The reason for option with patrols:
All fire doors in the basement in the complex now have alarms,
New CCTV system.
Very competitive quote from Jim's Mowing franchise for gardening.
Three very competitive quotes for the strata management contract:
Strata Excellence
Strata Title Management
Netstrata
Waratah Strata Management Non-Compliance with Strata Schemes Management Act 2015 (NSW), Schedule 1, Part 10 (1) at Seven Annual General Meetings since 2017
Waratah Strata Management failed to comply with Strata Schemes Management Act 2015 (NSW), Schedule 1, Part 10 (1) at AGM 2023 (or at any other general meeting since 2017) and did not provide any evidence of owners' funds (including trust accounts).
On 7 October 2023, the following request was sent to Waratah Strata Management and nine committee members (Mr. Stan Pogorelsky, Mr. John Gore, Ms. Genelle Godbee, Mr. Ramesh Desai, Ms. Kathryn Cutler, Mr. Carlos Fornieles Montoya, Mr. Andrew Ip, and Mr. Jeffery Wang, whilst Mrs. Marianna Paltikian was notified through strata manager):
Request for Waratah Strata Management: in accordance with Strata Schemes Management Act 2015 (NSW), Sch1, Part 10(1), Lot 158 requests that owners corporation provides copies of administrative fund, the capital works fund and any other fund of the owners corporation (term deposits are one example), which have to be produced to the owner at least two days before the meeting at which the statements are to be presented (AGM on 26 October 2023). Of special interest will be evidence of how Waratah Strata Management paid invoices from Admin Fund which had negative balance almost 100% of the time during FY 2023. If the money was borrowed from Capital Works Fund, Waratah Strata Management must have complied with Strata Schemes Management Act 2015 Section 76.Another reminder was sent on 24 October 2023. No response was received.
At AGM 2023, did not notify owners, and did not publish this information in the minutes of the meeting, including the fact that negative balance (deficit) in Admin Fund was $307,580.90 on 26 October 2023:
SP52948-Income-and-Expenditure-Report-1Sep2023-to-evening-26Oct2023
SP52948 Serious Concerns About Irresponsible Lack of Growth of Levies
To illustrate the lack of proper planning, here is an example of a huge discrepancy between levies for SP52948 property with entitlement 47.00 (three bedroom apartment) in period 1998 to 2022 and Admin/Capital Works Funds (levies are artificially kept low in spite of dire needs for major upgrades and maintenance, this especially applied since Waratah Strata Management took office on 1 February 2017):
SP52948 FY between 1 September and 31 August the following year Difference in Paid Levies to Previous Year Levies Paid by Owner with Entitlement 47.00 1998 0.00% $1,927.00 1999 24.08% $2,391.07 2000 42.18% $3,399.65 2001 2.03% $3,468.65 2002 -5.69% $3,271.30 2003 0.00% $3,271.31 2004 0.00% $3,271.25 2005 0.52% $3,288.15 2006 0.00% $3,288.10 2007 12.11% $3,686.20 2008 0.83% $3,716.70 2009 0.00% $3,716.76 2010 14.22% $4,245.40 2011 2.60% $4,355.80 2012 -0.65% $4,327.32 2013 13.74% $4,921.89 2014 -2.11% $4,818.21 2015 3.01% $4,963.28 2016 2.08% $5,066.61 2017 6.12% $5,376.80 2018 1.09% $5,435.25 2019 3.28% $5,613.65 2020 1.00% $5,669.55 2021 0.05% $5,672.20 2022 -0.13% $5,664.55 2023 4.05% $5,894.05 2024 7.91% $6,444.40 
History of levies is best displayed through its status on 31 August 1997, which was the first year of the complex:
To raise further concerns, SP52948 extract from minutes of EC meeting on 23 September 2021 documents shortage of $1,515,541.00 in Capital Works Fund against the forecast in April 2017 that was approved without general meeting:
Thanks to persistence of Lot 158, after many years, strata manager and committee were forced to stop using accrual financial reporting in September 2019:
SP52948-finally-stopped-using-accrual-financial-reporting-at-committee-meeting-12Sep2019
This email from Lot 158 shows the risk of lack of planning but Waratah Strata Management did not allow it to be shared with owners:
SP52948-Lot-158-warning-about-1.5-million-deficit-in-Capital-Works-Fund-1Oct2021
- Annual General Meeting was held on 28 October 2021, and no owner received email or printed copy of rushed updates to Capital Works Fund which simply delayed all major repairs, effectively made balance looked artificially positive:
SP52948-waratahstrata.com.au-website-Documents-folder-part-1-14Oct2021
Agenda for AGM 2021 was dispatched on 7 October 2021 and BIV's updated Capital Works Fund plan was created a day earlier:
- Even layman can easily find the problems with latest BIV report:
SP52948-discrepancies-in-BIV-report-for-10-Capital-Works-Fund-in-2017-and-2021
Estimates and ongoing revisions of the cost in the 10-Year plan are grossly inappropriate.
- In agenda for AGM 2022 on 10 October 2022, owners received concerns about financial status and levies, without getting any picture of long-term problems with planning the levies and future costs:
In minutes of AGM 2022 on 27 October 2022, owners received notice about 5.5% increase in levies, without ever discussing or approving 10-Year Capital Works Fund, or having knowledge that SP52948 had Admin Fund negative balance of $203,914.85 on 27 October 2022 - day of Annual General Meeting, and were not informed by Waratah Strata Management about future cash-flow problems: 16 days after new financial quarter started on 1 November 2022, Admin Fund had already negative balance of $60,224.67, which means that for the first time in history of strata complex SP52948 whole three-month financial period would have negative balance.
SP52948-extract-from-minutes-AGM-2022-levy-increases-of-5.5-percent-27Oct2022
In agenda for AGM 2023 on 10 October 2022, owners received concerns about financial status and levies, without getting any picture of long-term problems with planning the levies and future costs. 10-Year Capital Works FUnd was not discussed or considered at the meeting, fire safety orders were not considered at the meeting, and all other major items not scoped for next year, including pending building management renewal. Levies for FY 2024 were increased by 7.91%:
SP52948-Chairperson-John-Gore-misleading-and-false-statements-agenda-AGM-2023
SP52948 Status of Insurance Premiums Since 1997
- Status of insurance premium changes in period 1997 to 11 October 2022 (Waratah Strata Management took office on 1 February 2017 without competitive tender at AGM 2016):
SP52948 Financial Year Insurance Premiums (GST excl) Difference to previous year Comments and insurance commissions paid to strata manager (important note: BCS Strata Management acquired Raine & Horne Strata Management in 2010, so it is effectively the same company since 1999) 1997 $34,128.00 Bright & Dougan 1998 Undeclared by MDA Strata Services 1999 $33,799.00 0.00% Raine & Horne Strata Management 2000 $33,721.00 -0.23% $5,145.34 was paid to Raine & Horne Strata Management 2001 $45,277.65 34.27% $5,428.07 was paid to Raine & Horne Strata Management 2002 $46,879.00 3.54% Raine & Horne Strata Management 2003 $52,841.00 12.72% Raine & Horne Strata Management not allowed insurance commissions 2004 $49,044.00 -7.19% Raine & Horne Strata Management not allowed insurance commissions 2005 $40,002.00 -18.44% Raine & Horne Strata Management not allowed insurance commissions 2006 $43,139.41 7.84% Raine & Horne Strata Management not allowed insurance commissions 2007 $42,962.77 -0.41% Raine & Horne Strata Management not allowed insurance commissions 2008 $38,583.00 -10.19% Raine & Horne Strata Management not allowed insurance commissions 2009 $42,940.00 11.29% Raine & Horne Strata Management not allowed insurance commissions 2010 $43,324.00 0.89% BCS Strata Management not allowed to receive insurance commissions 2011 $44,558.00 2.85% BCS Strata Management not allowed to receive insurance commissions 2012 $48,410.00 8.64% BCS Strata Management not allowed to receive insurance commissions 2013 $78,409.00 61.97% Two insurers declined to quote due to high risks, four insurance claims for Solicitor Adrian Mueller (strong evidence includes false statements by BCS Strata Management in Statutory Declaration to CTTT on 19 April 2013, false statement in Affidavit to District Court on 31 January 2014, four different versions of the same Standard Costs Agreement with Solicitor Mr. Adrian Simon Mueller, secret change of the insurance policy for SP52948 and then claiming amount of $24,919.31 (plus GST) for non-existent "defence" of Lot 3 in CTTT case SCS 12/32675 without owners corporation disclosure or decision at any general meeting, false written statements to CTTT by selective committee members, CHU Insurance forced partial repayment in amount of $8,800.00 in 2017). BCS Strata Management not allowed to receive insurance commissions 2014 $69,649.00 -11.17% BCS Strata Management not allowed to receive insurance commissions 2015 $70,925.00 1.83% BCS Strata Management not allowed to receive insurance commissions 2016 $64,395.00 -9.21% BCS Strata Management not allowed to receive insurance commissions 2017 $65,480.98 1.69% BCS Strata Management not allowed to receive insurance commissions 2018 $75,503.19 15.31% $6,570.16 paid to Waratah Strata Management 2019 $81,382.12 7.79% $6,084.84 paid to Waratah Strata Management 2020 $80,320.14 -1.30% $5,633.62 paid to Waratah Strata Management 2021 $87,404.90 8.82% Solicitor Adrian Mueller fully involved in forcing insurance claims for his alleged work. $6,541.55 paid to Waratah Strata Management 2022 $99,132.62 13.42% Insurance claim for Solicitor Adrian Mueller (on 25 March 2022 Waratah Strata Management listed revenue from insurance claims in amount of $19,758.14. Insurance broker forced SP52948 to pay extra $1,617.37 (GST incl) as per invoice on 9 August 2022 for overdue excesses dated 20 September 2021 and 19 April 2022. SP52948 was forced to repay $4,545.45 (GST excl) to insurance company for Solicitor Adrian Mueller’s legal costs in NCAT case SC 20/33352. $6,541.55 paid to Waratah Strata Management 2023 $149,529.07 50.84% Insurance renewal was due on 21 September 2022 but paid on 26 September 2022 (creating risk of uncovered common property for period of five days). SP52948 was at high risk due to expired insurance. SP52948 was forced to repay $15,200.15 (GST excl) to insurance company for Solicitor Adrian Mueller’s legal costs in NCAT case SC 20/33352. $6,541.55 paid to Waratah Strata Management 2024 $181,778.06 21.57% Insurance renewal was due on 21 September 2023 but not listed on Waratah Strata Management even as late as 5 October 2023. $9,936.71 paid to Waratah Strata Management 
On 21 September 2022, insurance premiums increased by significant amount of 50.84% (from $108,193.26 in 2021 to $161,569.59 in 2022 - all GST inclusive), without disclosure to owners, while as of 3 October 2022 Income & expenditure Report still did not list any payments for insurance policy:
Waratah Strata Management did not disclose to owners that they might have delayed additional payments (excesses) for insurance policy due on 9 August 2022, as shown in reminder sent by BCB insurance broker:
Detailed Expenses for FY 2022 (1 September 2021 to 31 August 2022) shows that Waratah Strata Management might have failed to pay excesses for two events on time, dated 20 September 2021 and 19 April 2022, which were listed in BCB insurance broker reminder in August 2022, with warning about expired insurance. The dates of payments for insurance excesses in Detailed Expenses for FY 2022 were questionable, unless BCB insurance broker made a mistake with the letter in August 2022. As an example, no insurance excess was listed in code 169400 in Income & Expenditure Report on 28 September 2021 at 08:47 hours. Waratah Strata Management did not list any insurance claims in FY 2022, as shown in Delegated Functions Report dated 7 October 2022 at 17:46 hours:
The reminder highlighted the risk of UNINSURED large strata complex worth $146,550.000 (evaluation dated 1 September 2022) for two unpaid excesses dated 20 September 2021 and 19 April 2022:
SP52948-insurance-valuation-1Sep2022
SP52948-Waratah-Strata-Management-and-undeclared-expired-insurance-in-FY-2022
Owners' property worth more than $146 millions did not have any insurance cover when insurance policy for SP52948 expired on 21 September 2022, but renewal was delayed for five days and was not published for owners and costs were not included in Income & Expenditure Report even as late as 3 October 2022. No owner was notified about it by committee members or Waratah Strata Management.
Insurance renewal was paid on 26 September 2022, leaving SP52948 uninsured for additional five days (possibly adding to other period since early August 2022), without disclosure to owners. It also created risk of being unable to make any claims in that period, should any incident had happened.
Based on official information published by Waratah Strata Management, owners' property worth more than $146 millions did not have any insurance cover when insurance policy for SP52948 expired on 21 September 2023, but renewal might have been delayed for 20 days and was not published for owners and costs were not included in Income & Expenditure Report even as late as 11 October 2023. No owner was notified about it by committee members or Waratah Strata Management:
SP52948-expired-insurance-on-21Sep2023-not-renewed-as-of-11Oct2023
In agenda for AGM 2023, sent by Waratah Strata Management on 5 October 2023, information about insurance premiums still showed details for previous financial year with expiration date of 21 September 2023:
This was not an accidental mistake, because the same misinformation was repeated on page 81 of the AGM 2023 agenda, showing expired insurance (21 September 2023) on 5 October 2023:
The comparison between agenda for AGM 2022 and 2023 shows same insurance expiration date (21 September 2023), but different sums insured for loss of rent/temp accomodation, additional excesses for water-related claims and all other claims, and different insurance commissions paid to Waratah Strata Management
As predicted by Lot 158, Waratah Strata Management published updated insurance policy 21 days after due date on 12 October 2023, claiming that insurance was paid before due date - on 20 September 2023. This document still did not list all excesses (one drastic example was $10,000.00 excess for each and every water-related damage and exploratory work, introduced by insurance company since 2012 and hidden from owners by strata managers in most years):
SP52948-insurance-due-on-21Sep2023-published-21-days-later-on-12Oct2023
Either Waratah Strata Management ran dubious accounting practices, or had sinister reasons for delaying updates to financial documents, but here is evidence that even as late as 4 October 2023, they did not publish any expenses for insurance renewal, which directly correlated to the fact that agenda for AGM 2023 was published and sent on 5 October 2023, allowing Waratah Strata Management to avoid publishing any information about insurance renewal and still claiming cost of $161,569,59 for September 2022 (GST inclusive) instead of new costs for September 2023:
SP52948-Income-and-Expenditure-Report-1Sep2023-to-4Oct2023
Document folder at Waratah Strata Management website did not disclose insurance policy for owners as of 16 October 2023:
Insurance commissions were paid to Waratah Strata Management in amount of $47,849.98 since 2018 with evidence of previous strata agency BCS Strata Management not allowed to receive insurance commissions due to conflict of interest.
One of good initiatives by ex-Chairperson Bruce Copland was to disallow strata agencies to claim rebates and commissions for insurance renewals, as listed in his submission to CTTT on 10 March 2012. After Waratah Strata Management took office on 1 February 2017, they started receiving significant rebates and commissions for insurance renewals:
Waratah Strata Management was notified number of times about owners and investors not being informed about full details of insurance policies.
Here is an example of email dated 21 December 2020, where two strata managers failed to respond or take corrective actions. Insurance policy was incomplete, hid details of critical excesses, and did not even have policy number:
Similarly, insurance policy expired on 21 September 2022, but renewal is not published for owners and costs are not included in Income & Expenditure Report dated 22 September 2022. Closing balance in Admin Fund on 22 September 2022 is only $19,498.54 and insurance premiums will be at least $100,000.00 (it does not include costs of possibly unpaid reimbursements to insurance company for alleged legal costs for Solicitor Adrian Mueller in amount of $19,758.14 - on 25 March 2022 Waratah Strata Management listed that revenue from insurance claims in Income & Expenditure Report):
Waratah Strata Management is hiding true status of owners' funds - best shown by Income & Expenditure report dated 3 October 2022, which claimed to have $20,849.04 in Admin Fund whilst insurance premium payment in amount of $161,569.59 (GST inclusive) due on 21 September 2022 was not listed:
Screenshot of insurance policy on Waratah Strata Management website on 22 September 2022 shows that information about excess for water-related damages in insurance policy is still hidden from owners:
SP52948 Continuous Misconduct and Fraudulent Actions by Solicitor Adrian Mueller - Evidence of How Waratah Strata Management Acted
Information was withheld from owners that Waratah Strata Management and committee members received sufficient information during 2017, 2018, 2019, 2020, 2021, and 2022 that satisfies "on the balance of probabilities" and "beyond reasonable doubt" requirements for further investigations and law enforcement actions.
It all started in 2012 and these extracts from irrefutable evidence make it easy to understand the level of deceit:
Solicitor Adrian Mueller provided his Standard Costs Agreement which had no signature on behalf of SP52948 to CTTT on 29 January 2013 (Lot 158 complaint to CTTT about Solicitor Adrian Mueller not providing any files by due date on 28 January 2013):
In panic, when cornered to prove his legal status at CTTT Hearing on 15 April 2013, Solicitor Adrian Mueller sent secret email to two strata managers at BCS Strata Management (Mr. Peter Bone and Mr. Paul Banoob) and SP52948 Chairperson (Mr. Bruce Copland):
BCS Strata Management Paul Banoob signature on behalf of SP52948 on Solicitor Adrian Mueller's Standard Costs Agreement backdated to 17 July 2012 but actually created on 16 April 2013 after CTTT hearing request for proof that Solicitor Adrian Mueller had been legally engaged since 2012 - PDF metadata in this document shows that the creation date was 16 April 2013:
-
The Standard Costs Agreement had to be sent to all owners within seven days after disclosure, as per Strata Schemes Management Act 1996, "230A Disclosure of matters relating to legal costs", but that never happened:
Even insurance broker complained about legal costs not related to CTTT case, but that information was hidden from owners, CTTT, and District Court by Solicitor Adrian Mueller, BCS Strata Management, and committee members:
AJG-complaining-to-BCS-Strata-Management-about-insurance-costs-not-relatedto-legal-claim-16May2013
$851.56 was secretly spent on courier expenses for sending handful of files by Solicitor Adrian Mueller to CTTT on 19 April 2013 (one file is Solicitor's 4-page letter reference AM:DR:22012 dated 19 April 2013, and the other one is 73-page Statutory Declaration by strata manager Peter Bone, as fully prepared, written, and organised by Solicitor Adrian Mueller who charged owners corporation for the work):
SP52948-secret-courier-expenses-for-Solicitor-Adrian-Mueller-preparing-response-to-CTTT-19Apr2013
Solicitor Adrian Mueller's invoice 61223 dated 10 May 2013 contains details of frantic actions to prepare Statutory Declaration for strata manager Mr. Peter Bone:
SP52948-extracts-from-Solicitor-Adrian-Mueller-invoice-10May2013
In final Hearing in case SCS 12/32675 on 10 May 2013, apart from Solicitor Adrian Mueller who continued to claim he was legal to represent owners corporation, three members of Pica Group and BCS Strata Management attended (Mr. Peter Bone, Mr. Paul Banoob, and an unknown third person), without assisting Tribunal member and yet charging owners corporation for costs:
BCS5532260-BCS-Strata-Management-charging-for-attending-CTTT-Hearing-SCS-12-32675-10May2013
SP52948-extract-from-strata-manager-Peter-Bone-submission-to-CTTT-in-Statutory-Declaration-19Apr2013 and version presented by Solicitor Adrian Mueller:
SP52948-extract-from-Solicitor-Adrian-Mueller-submission-to-CTTT-19Apr2013, and comparing them side-by-side. The two documents contradict each other in regards who was SP52948 strata manager in July 2012 (Mr. Peter Bone's declaration clearly lists himself as strata manager who allegedly sent email to Solicitor Adrian Mueller on 25 July 2012, whilst Solicitor Adrian Mueller's letter states that he received an email from strata manager Gary Webb on 25 July 2012). Even without looking at other discrepancies in the Statutory Declaration by Mr. Peter Bone, this evidence is sufficient to prosecute both Solicitor Adrian Mueller and Mr. Peter Bone (false statements are a very serious offense in their own right; deliberate lying in a Statutory Declaration is punishable by up to five years in prison, according to the NSW Oaths Act. Former judge Marcus Einfeld served two years in prison for knowingly making a false statement under oath and for attempting to pervert the course of justice. The case stemmed from the improbable catalyst of a false statutory declaration over a $77.00 speeding fine):
On 28 October 2014, Solicitor Adrian Mueller provided this secret advice to prevent owners to consider Fair Frading NSW free mediations instead of wasting money on legal costs:
More drastic examples of legal costs:
BCS Strata Management, in full co-operation with committee members and Solicitor Adrian Mueller, made four insurance claims for non-existent "Defence of Lot 3" whilst Solicitor Adrian Mueller illegally represented SP52948 in CTTT cases SCS 12/32675 and 12/50460:
SP52948-Lot-3-Insurance-Claim-1-31Aug2012
SP52948-Lot-3-Insurance-Claim-2-7Dec2012
SP52948-Lot-3-Insurance-Claim-3-2May2013
SP52948-Lot-3-Insurance-Claim-4-4Jun2013
Four years later, CHU Insurance forced owners corporation to repay $8,800.00.
Example of Lot 158 Motions that were prevented by Solicitor Adrian Mueller in various financial years:
Some of other attempts for free and open-minded mediations at Fair Trading NSW were REJECTED and IGNORED by BCS Strata Management and committee members in the past:
SM11/1348DR SM12/1537JR SM15/1226RH 00351498 Fair Trading NSW 5953035 (also involving Waratah Strata Management who did not notify owners or offer assistance to Fair Trading NSW) Fair Trading NSW 6536692 (also involving Waratah Strata Management who did not notify owners or offer assistance to Fair Trading NSW) Fair Trading NSW 7563482 (also involving Waratah Strata Management who did not notify owners or offer assistance to Fair Trading NSW) Fair Trading NSW 7938059 (also involving Waratah Strata Management who did not notify owners or offer assistance to Fair Trading NSW)
Failed to refute any claims made by an owner in Statutory Declaration for NCAT case SC 20/33352 and coerced Tribunal to ignore owner's evidence:
The following orders were requested:
STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 238 (a), Orders removing six members of the Executive Committee for failing to comply with this Act, the regulations and the by-laws of the strata scheme SP52948, failing to exercise due care and diligence, failing to provide full and proper assistance in Fair Trading NSW, Office of Legal Services Commissioner, and Police investigations, some of them providing misleading and false statements to CTTT in 2012 and 2013 which caused serious financial losses to SP52948 and selective benefits to small group of owners, strata managers, and Solicitor, and engaging in serious misconduct, while holding the office and
STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 238 (b) Orders prohibiting strata committee to make or approve the following decisions without general meetings (where only financial owners are allowed to vote and full details of quorums made available before the general meetings and in minutes of those meetings): contracts for strata management, building management, electricity supply, elevator maintenance and upgrades, all other major maintenance works and upgrades as per SSMA 2015 Section 102 and SSMR 2016 Regulation 25, legal costs without firstly attempting free mediation at Fair Trading NSW, and 10-Year Capital Works plans
STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 150, Orders invalidating By-Law 11 “Unreasonable Communications”
STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 150, Orders invalidating By-Law 10 “Gas, water, and sewerage charges for services and supply”
STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 150, Orders invalidating By-Law 9 “Control of Common Gas Supply”
STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 24, Orders to invalidate resolutions, contracts and election of the committee at AGM 2019 (which applies to AGM 2017 and 2018 as well)
STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 232, Orders to resolve disputes and settle complaints:
Hold meetings with the accordance with the Act,
Enforce compliance with the By-Laws,
Act to prevent nuisance or hazards: smoke detectors, smoking in the complex, fire safety issues, tripping hazards due to uneven pavers as reported by Napier & Blakeley professional assessment in July 2012, frequent water leakages, roof membranes, fences behind townhouses, garden beds, stalking, intimidation and harassment of owners,
Provide documents as per document searches to Lot 158, with special emphasis to last seven years and requirements to assist Police, Office of Legal Services Commissioner, and Fair Trading NSW with their investigations
In addition, Tribunal was asked, on their own, to make a decision for Compulsory Strata Manager, as per other cases:
Hoare and Ors v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45
The case was dismissed by the Tribunal (why "temporarily" will be disclosed soon).
Some of Tribunal decisions:
SP52948-NCAT-case-SC-20-33352-dismissal-without-looking-at-evidence
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SUMMARY-NCAT-REGISTRY-file-viewing-in-case-SC-20-33352-on-8Mar2022
Waratah Strata Management undisclosed plan to Supreme Court for premeditated legal costs claims for Solicitor Adrian Mueller confirming that Lot 158 requests were completely ignored on 16 October 2020:
Solicitor Adrian Mueller lied to NCAT in his only three-page submission on 18 January 2021 which was prepared a month earlier on 14 December 2020 (he was well informed that access to all evidence was provided to committee members and strata manager, but they chose to ignore it since 25 September 2020):
He failed to disclose that Waratah Strata Management gave the Solicitor instructions to review all Lot 158 files (including website) on 23 October 2020, which Solicitor Adrian Mueller ignored:
SP52948-alleged-email-from-Waratah-Strata-Management-to-Solicitor-Adrian-Mueller-23Oct2020
Solicitor Adrian Mueller failed to disclose that Waratah Strata Management ignored Lot 158 request to allow all owners to access evidence in NCAT case SC 20/33352, SCS 12/32675, and SCS 12/560460 since 25 September 2020 (this was presumably Mr. Robert Crosbie's approach to "democracy"):
Solicitor Adrian Mueller, committee members, and Waratah Strata Management stayed silent and did not offer any assistance to NCAT in regards to complaints (backed by evidence on secure website) about Solicitor Adrian Mueller on 1 February 2021:
SP52948-Lot-158-letter-to-NCAT-20-33352-concerns-about-Solicitor-Adrian-Mueller-1Feb2021
On 8 February 2022, Solicitor was requested to provide responce to Office of Legal Services Commissioner (OLSC), and five current and previous committee members were BCC-ed along with Office of Legal Services Commissioner and no reply was received from Solicitor, but OLSC made sudden decision that due to lack of evidence they were closing the case on 9 February 2022.
The same afternoon, on 9 February 2022, Office of Legal Services Commissioner (OLSC) office was requested to reopen the case, or another person in SP52948 can open it due to fact OLSC failed to consider evidence - Solicitor and five committee members were requested to inform owners about all these event at meeting scheduled for 10 February 2022
Solicitor Adrian Mueller received this email on 27 February 2022, which he ignored.
SP52948-Lot-158-cost-submission-reply-ignored-by-Solicitor-Adrian-Mueller-in-Supreme-Court-27Feb2022
The alleged approval by Waratah Strata Management was done two days before committee meeting, which was non-compliant with strata laws.
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Tribunal member Sarginson was well aware of errors of law when evidence is ignored by the Tribunal, as listed in Ashlin-v-The-Owners-Strata-Plan-No-50705-2021-NSWCATAP-413-21-December-2021 where he said:
The above decision directly contradicts his own errors of law in NCAT case SC 20/33352 he conducted where he ignored evidence because the Respondent failed to show up at the Hearing in spite of four-month advance notice:
Six versions of Solicitor Adrian Mueller’s alleged costs in NCAT case SC 20/33352
Agenda for AGM 2022 that Waratah Strata Management sent in October 2022 finally confirmed that strata plan SP52948 had charged two parties for period of more than two months for the same alleged legal expenses by Solicitor Adrian Mueller (double dipping): Lot 158 was temporarily forced to pay $5,000.00 on 1 July 2022, and insurance company was reimbursed on 8 August 2022:
SP52948-first-repayment-to-insurance-company-for-Solicitor-Adrian-Mueller-legal-costs-8Aug2022
Insurance claims for Solicitor Adrian Mueller - on 25 March 2022 Waratah Strata Management listed revenue from insurance claims in amount of $19,758.14 in Income & Expenditure Report. Insurance broker forced SP52948 to pay extra $1,617.37 as per invoice dated 9 August 2022, which Waratah Strata Management did not pay in FY 2022, but moved into new financial year starting 1 September 2022 and did not disclose to owners (insurance sent first and last warning about this unpaid invoice on 19 September 2022)
Protected website contains unredacted (certified) copies of CTTT/NCAT Hearings with evidence of legal statements by Solicitor Adrian Mueller to the Tribunal:
CTTT-SCS-12/32675-Audio-Recordings-17Oct2012
CTTT-SCS-12/32675-Audio-Recordings-15Apr2013
14 November 2019 - Solicitor Adrian Mueller refusing access to strata files - his response to O'Brien Criminal & Civil Solicitors:
8 June 2022 - Solicitor Adrian Mueller refusing access to strata files:
Since 2013, Solicitor, committee members, and strata managers (BCS Strata Management, and Waratah Strata Management from 2017) were aware that Lot 158 received even anonymous death threats for attempts to enforce compliance with laws and equal rights for owners:
Timeline of events for anonymous death threat in 2013:
Throughout February 2013, Solicitor was actively engaged in preventing access to strata documents, protecting own interests, exhibiting contempt of court (CTTT) in deliberate exercise with intent to interfere with the administration of justice SP52948-Solicitor-secret-involvement-in-preventing-access-to-strata-documents-without-owner-corporation-approval-extract-from-invoice-60252-dated-6Mar2013
On 24 February 2013 at 19:45 hours, Lot 158 sent email to strata manager Peter Bone with the subject line "ADVANCED NOTICE: Peter Bone will be issued with CTTT summons to produce documents on 25 February 2013": SP52948-advance-notice-to-strata-manager-Peter-Bone-about-CTTT-summonses-24Feb2013
Lot 158 submitted summonses on 25 February 2013 to CTTT, with updated version on 27 February 2013 (CTTT requsted the changes to the document): SP52948-Lot-158-summons-for-strata-manager-Peter-Bone-to-produce-documents-in-CTTT-case-SCS-12-32675-including-evidence-for-engagement-of-Solicitor-on-25Feb2013-with-updated-version-on-27Feb2013
Day after notice of issue of summonses to strata manager Peter Bone, there was an anonymous phone call to Lot 158 on 26 February 2013 (male voice) with clear instruction to stop CTTT cases or risk own life, with suggestion to disappear from complex. Threat "urging" Lot 158 to disappear from complex was reported to Police (and ignored by them) in Event E45617744 on 6 October 2011: SP52948-anonymous-letterbox-message-for-Lot-158-6Oct2011
Evidence that Solicitor knew about summonses for strata manager Peter Bone and was actively involved on 26 February 2013: SP52948-Solicitor-Adrian-Mueller-secret-involvement-in-preventing-issue-of-summonses-without-owner-corporation-approval-extract-from-invoice-60252-dated-6Mar2013.webp
Previous death threat (as usual, done via anonymous phone call):
SP52948-CTTT-12-32675-Final-response-Lot-158-against-Solicitor-legal-costs-14Mar2013
Submission to CTTT in case SCS 12/32675 on 14 March 2013). CTTT failed to respond or take serious actions to investigate
Hon. Anthony Roberts, Minister for Fair Trading NSW (reference FTMIN13/561) promised to investigate Lot 158 claims on 22 March 2013 (Tribunal member Mak Harrowell failed to comply with Minister's efforts)
Bamfield auditors were questioned about false accounting data for legal costs on 11 November 2013 (with warning about lack of their action causing potential harm to Lot 158). Bamfiled never responded in spite of obvious false accounting practices
Submission to CTTT in case 13/50737 with complaint about CTTT bias, including Tribunal member Thode ignoring death theat against Lot 158 at Directions Hearing on 15 November 2013 (it was attended by unfinancial committee member Mr. Moses Levitt, who later himself got involved in multiple attempts of intimidation, discrimination, and riducule of Lot 158). CTTT failed to respond or take serious actions to investigate
Police Event E65804633 (Solicitor Adrian Mueller withheld crucial information from Police and failed to assist the investigations) (Police then lost other evidence and withheld that information from Lot 158, who has copies of missing files)
Hon Matthew Kean MP, Minister for Innovation and Better Regulation NSW (reference MIN18/919) promised to investigate Lot 158 on 22 September 2017 through referral by MP Victor Dominello
Waratah-Strata-Management-email-to-Fair-Trading-NSW-with-their-definition-of-democracy-17May2019
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All 24 parties, including BCS Strata Management, Waratah Strata Management, Economos auditors, and committee members ignored the pleas.
Before NCAT Hearing SC 20/33352, current auditor for SP52948 was asked about their breach of STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 95 and STRATA SCHEMES MANAGEMENT REGULATION 2016 – REG 21 (auditor report not prepared BEFORE general meeting). Economos failed to respond and did not offer any assistance to NCAT.
Your website claims:
"We believe our clients essentially want one thing: to get things done.
Our job is to create an environment for our clients where they can do what they do best – run their business.
This may mean that we:
Return correspondence quickly
Get compliance done – on time and on budget
Meet with the client regularly
Offer the best advice we can;
Stay abreast of new rules and opportunities
If we can get our job done – the client can get theirs done."
As three previous requests have been seemingly ignored, maybe the fourth one will not because it involves legal cases.
NCAT Hearing in case 20/33352 is scheduled in February 2021. It will deal with many allegations of mismanagement, financial misuse, and much more.
It would be appreciated if you would offer assistance to NCAT with simple evidence initially:
Provide copies of UNREDACTED emails that you originally sent to Waratah Strata Management for your Audited reports for strata plan SP52948 in 2018, 2019, and 2020. The copies should be sent to ccdsydney@ncat.nsw.gov.au
Audit requirements are prescribed by the Strata Schemes Management Act and Regulation – large schemes and those with a budget exceeding $250k (budget defined under regulations).
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 95
STRATA SCHEMES MANAGEMENT REGULATION 2016 – REG 21
Very obvious discrepancies and concerns for audited accounts for the previous years were collected and given to Economos (and a reply never received).
Auditor's report for FY 2020 was signed on 3 November 2020, 12 days AFTER the general meeting! As an example, there is evidence that at least three versions of Balance Sheet exist, which raise questions of quality of keeping the financials and validity of reporting and auditing:
SP52948-Balance-Sheet-extract-31Aug2020-at-1943-hours Admin Fund $233,330.15 Capital Works Fund $709,724.06 SP52948-Balance-Sheet-extract-dated-4Sep2020-sent-in-agenda-for-AGM-on-30Sep2020 Admin Fund $232,620.15 Capital Works Fund $699,824.06 SP52948-Balance-Sheet-extract-allegedly-approved-by-Economos-3Nov2020 Admin Fund $231,788.69 Capital Works Fund $699,824.06
For more than 24 years, owners have never received full accounting data. Here is an example of how BCS Strata Management refused to accept responsibility for poor accounting practices in 2012:
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At document search on 31 May 2019, most of files were missing and Waratah Strata website had dubious accounting figures, which was confirmed by Solicitor (who allegedly acted on behalf of owners corporation) to O'Brien Civil and Criminal Solicitors on 14 November 2019. Owners corporation even question the reasons why Lot 158 wanted access to strata files
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BCS Strata Management made two insurance claims for alleged "defence of Lot 3": $367.64 on 31 August 2012 $12,714.65 on 7 December 2012 Two more claims were paid by CHU insurance for "defence of Lot 3" on: $1,320.00 on 26 April 2013 $10.517.02 on 4 June 2013 ... totalling: $24,919.31.
SP52948-No-response-from-Ron-Sinclair-BCS-Strata-Management-about-insurance-for-Lot-3-and-dubious-insurance-claims-and-litigation-risks-for-one-year-and-five-months-9Nov2013. BCS Strata Management withheld that information from owners and took no action
Due to lack of action, CHU Insurance again sent request on 11 January 2017, this time to new strata manager at Waratah Strata Management for SP52948 to repay $8,800.00 for insurance claims made in 2012/2013 for CTTT case that never happened. Waratah Strata Management withheld that information from owners and took no action until 23 March 2017, when they repayed the CHU Insurance claim but failed to give owners the full details of the CTTT case and risks
The insurance claims in 2012 and 2013 started just several weeks after SP52948-secret-insurance-policy-change-for-legal-defence-without-owners-corporation-knowledge-1Aug2012. BCS Strata Management made these secret efforts in compliance with Solicitor-Adrian-Mueller-suggesting-to-BCS-Strata-Management-to-use-insurance-claims-for-his-legal-costs-2Jul2012
- Lot 158 tried to reason with Waratah Strata Management and committee members about legal costs and insurance claims on 21 December 2020, 2 February 2021 (nine days before NCAT Hearing in case 20/33352), and 21 March 2021
SP52948 Submission To Court: Strong Case For Solicitor Adrian Mueller Being Accessory Before, At, And After Insurance Fraud Five Times in CTTT Case 12/32675 And NCAT Case 20/33352 - SP52948 Owners Prevented From Having Knowledge of Office Of Legal Services Commissioner Complaints Against Solicitor Adrian Mueller
Submission provided to NCAT, Supreme Court Cost Assessor, OLSC, and Insurance company.
Waratah Strata Management, committee members, and Solicitor Adrian Mueller failed to refute any claims:
SP52948-Lot-158-cost-submission-reply-ignored-by-Solicitor-Adrian-Mueller-in-Supreme-Court-27Feb2022
Waratah Strata Management and committee members persistently failed to inform owners about Office of Legal Services report against Solicitor Adrian Mueller and failed to offer any assistance three times.
Breach of section 172 LPUL (NSW) - legal costs must be fair and reasonable,
Breach of section 178 LPUL (NSW) - non-compliance with disclosure obligations,
Breach of section 180 LPUL (NSW) - making costs agreements,
Breach of section 185 LPUL (NSW) - certain costs agreements are void,
Misappropriation, caused deficiency in owners corporation SP52948 funds and insurance company’s funds,
Failure to comply with a requirement under section 371 LPUL (NSW) and failure to assist an investigator in the investigation of a complaint,
Breach of section 387 LPUL (NSW) - obstruction of investigator,
Breach of section 388 LPUL (NSW) – obligation of lawyers,
Breach of sections 3, 4, 5, 6, 7, 12, and 14 of Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 under the LPUL.
SP52948-five-committee-members-stayed-silent-and-refused-to-assist-NCAT-case-20/33352-9Feb2021
SP52948-Jeffery-Wang-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-10Feb2022
SP52948-Stan-Pogorelsky-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-10Feb2022
SP52948-Bruce-Copland-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-8May2022
SP52948-John-Ward-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-12Feb2022
SP52948-Maureen-McDonald-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-12Feb2022
SP52948-Moses-Levitt-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-10Feb2022
SP52948-Upali-Aranwela-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-10Feb2022
SP52948 Unaccounted $92,950.00 For Major Upgrades For 26 Townhouses
Unaccounted $92,950.00 which Waratah Strata Management and committee members failed to explain.
The effort to get evidence of alleged expenses for repairs and upgrades on townhouse owners have been unanswered since 8 February 2018:
Waratah Strata Management failed to disclose to owners the following breakdown of expenses for the painting project that they were aware of as early as 3 March 2017:
Block A: $117,700.00 (including GST)
Block B: $117,700.00 (including GST)
Block C: $117,700.00 (including GST)
Block D: $117,700.00 (including GST)
Various Structures: $66,000.00 (including GST)
Townhouses: $92,950.00 (including GST)
Total cost: $629,750.00 (including GST).
Motion 3 in the Minutes of EC meeting held on 20 July 2017 shows that around half of the project cost having been paid to date. Allegedly three quotes from RJ Bird Services to carry out remedial repairs required prior to painting were accepted at a total cost of $27,580.00. No details of the "remedial repairs", and no evidence or statements about multiple quotes being sought from different providers were provided to any owner.
Motion 3 in the Minutes of EC meeting held on 28 September 2017 shows that the painting project was complete and all accounts had been paid except the 5% retention amounts totaling $28,187.00 + GST.
No details of the total costs, warranties, and other details were provided to owners.
Agenda for the AGM 2017 sent to owners contained information that the total costs for the painting project were $646,200.00 plus GST (totaling $710.820.000).
Waratah Strata Management listed total costs in the Agenda for AGM 2017 on page 25 (Capital Works Fund) as $610.357,26 (plus GST). If one adds figure of $28,187.00 (retention amount of 5% as per Motion 3 in Minutes of EC meeting held on 28 September 2017), it totals $638,544.00 (plus GST).
Warranties were allegedly promised to be delivered before final payments, as per secret email dated 23 August 2017. Warranties were never found in any document search:
Building Manager's (Uniqueco Property Services) audit of painting project on 18 August 2017
SP52948 Premeditated Plans By Waratah Strata Management to Prevent Lot 158 From Accessing Strata Documents
13 June 2017
SP52948-Outcome-of-request-for-inspection-of-records-at-Waratah-Strata-Management-on-13Jun2017
31 May 2019
20 September 2019
SP52948-SSMA2015-S182-Document-viewing-undisclosed-files-by-Waratah-Strata-Management-20Sep2019
14 November 2019
Solicitor Adrian Mueller refusing access to strata files - his response to O'Brien Criminal & Civil Solicitors:
7 May 2020
Committee meeting allegedly ordered Waratah Strata Management to sign Standard Costs Agreement with a barrister to respond to O'Brien Criminal & Civil Solicitors who provided listing of files requested by Lot 158 on 24 April 2020 (this response was never provided to Lot 158 and their Solicitors):
8 June 2022
13 February 2024
SP52948-Lot-158-outcome-of-access-to-strata-documents-13Feb2024
- Over the years, the following FULLY PAID document searches failed to gain access to strata files, in spite of strata laws and regulations (all figures are GST inclusive):
16Nov2011 $154.00 Document search at BCS Strata Management 7Nov2012 $132.00 Document search at BCS Strata Management 28Feb2012 $72.00 Document search at CTTT 7Mar2013 $33.00 Document search at BCS Strata Management 11Mar2013 $172.80 Document search at BCS Strata Management 11Sep2013 $45.00 Document search at BCS Strata Management 15Oct2013 $45.00 Document search at BCS Strata Management 18Oct2013 $32.00 Document search at BCS Strata Management 16Feb2016 $164.80 Document search at BCS Strata Management 16Feb2016 $3.40 Document search at BCS Strata Management 15Jun2017 $61.05 Document search at Waratah Strata Management 13Jun2019 $212.85 Document search at Waratah Strata Management 13Jun2019 $2.75 Document search at Waratah Strata Management 26Sep2019 $234.30 Document search at Waratah Strata Management 29Mar2020 $2,200.00 O’Brien Criminal & Civil Solicitors demand for strata files sent to Waratah Strata Management 27Jul2020 Request to committee members 31Jul2021 Request to committee members 21Oct2020 Request to Solicitor Adrian Mueller 19Jul2021 Request to Solicitor Adrian Mueller 27Oct2021 Request to committee members and Waratah Strata Management February/March/April 2022 Requests to Solicitor Adrian Mueller 8 June 2022 $34.10 Document Search at Waratah Strata Management (via TeamView) 13 February 2024 $192.15 Document Search at Waratah Strata Management
Why Not Ask Waratah Strata Management and SP52948 Committee Members?
Owners in SP52948 can ask for access to unredacted files through these Waratah Strata Management and committee members who all had special access rights: Mr. Robert Crosbie, Mr. Stuart Greene, Mr. Stan Pogorelsky, Mr. Moses Levitt, Mr. John Gore, Mrs. Marianna Paltikian, Mr. Jeffery Wang, and Mr. Thomas Karolewski. Negative balance sheet in Admin Fund is one of regular events which should worry every reasonable person.
Admin Fund balances, which starts with 31 January 2017 when when Waratah Strata Management took office from BCS Strata Management with inherited positive balance of $129,704.57 whilst Admin Fund had negative balance of $93,147.13 on 29 April 2022, negative balance of $61,290.46 on 31 July 2022, negative balance of $131,239.39 on 7 October 2022, negative balance of $167,486.93 on 10 October 2022, and negative balance of $203,914.85 on 27 October 2022 - day of Annual General Meeting
SP52948-ask-committee-members-and-strata-managers-if-they-can-refute-Lot-158-allegations
SP52948 Missing Cheque Books From Period 1999 to 2017 at Waratah Strata Management
At document search on 31 May 2019 in Waratah Strata Management office, many documents were missing. One of them are cheque books and register of payments for period 1999 to 2017, which predecessor BCS Strata Management allegedly provided to Waratah Strata Management when they took office on 1 February 2017:
Examples of SP52948 Committee Members And Contractors, Waratah Strata Management's Staff AND Solicitor Adrian Mueller's Staff Deleting Customer's Emails Without Reading
SP52948-Sandra-Carbone-deleted-Lot-158-email-without-reading-29Jul2014.html
SP52948-committee-member-Maureen-McDonald-deleted-Lot-158-email-without-reding-10Dec2014.html
One of drastic examples of Waratah Strata Management behaviour is the complaint dated 30 September 2019 which strata manager deleted without reading or taking any action one and a half years later on 22 March 2021:
SP52948 Waratah Strata Management Plan To Destroy Strata Documents Two Years Earlier Than Legal Requirements
SP52948 Waratah Strata Management Coercing Fair Trading NSW and Police
In secret email to Fair Trading NSW on 17 May 2019, Waratah Strata Management confirmed that democracy applied to all and then continued to make false statements which Lot 158 never made.
Waratah Strata Management claims that they "provide personal, professional guidance and advice on all issues that strata owners may encounter and promptly attend to all maintenance issues and general enquiries".
SP52948-Waratah-Strata-Management-coercing-Fair-Trading-NSW-and-Police.
SP52948 Problems with Fire and OH&S
And here are some of open work orders not completed for several years as of 23 February 2023:
SP52948-waratahstrata-website-Maintenance-Open-Work-Orders-page-1-23Feb2023
Fire and OH&S Safety concerns are repeatedly ignored and owners not notified about them.
Waratah Strata Management - continuous delays with file and OH&S problems
SP52948 Dubious Ransomware Attack Against Waratah Strata Management Computers With Significant Data Losses to Owners in 2019
Sententia was approached four times to explain some discrepancies in their statements and they never replied.
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Official agenda was not sent to all owners and failed to comply with SSMA 2015 for minimum advance notice to owners:
SP52948-agenda-for-EC-meeting-scheduled-for-21Mar2019-sent-on-18Mar2019
This Motion was exact copy of the Motion published two years earlier and not actioned at significant losses in owners corporation funds:
Extract from committee minutes on 20 July 2017 confirming outstanding gas heating levies for previous years and admitting that they were not going to enforce their payments, with alternative idea to allow general meeting to waive the unpaid levies and 10% simple interest for each year
Multiple attempts to find more details of the ransomware attack and another data loss were left unaswered by Waratah Strata Management (14 July 2019 and 10 August 2019, as examples)
Microsoft actually advises against paying any ransom and here is their statement:
As part of Microsoft’s Detection and Response Team (DART) Incident Response engagements, we regularly get asked by customers about “paying the ransom” following a ransomware attack.
Unfortunately, this situation often leaves most customers with limited options, depending on the bu siness continuity and disaster recovery plans they have in place.
The two most common options are either to pay the ransom (with the hopes that the decryption key obtained from the malicious actors works as advertised) or switch gears to a disaster recovery mode, restoring systems to a known good state. The unfortunate truth about most organizations is that they are often only left with the only option of paying the ransom, as the option to rebuild is taken off the table by lack of known good backups or because the ransomware also encrypted the known good backups. Moreover, a growing list of municipalities around the U.S. has seen their critical infrastructure, as well as their backups, targeted by ransomware, a move by threat actors to better guarantee a payday.
We never encourage a ransomware victim to pay any form of ransom demand. Paying a ransom is often expensive, dangerous, and only refuels the attackers’ capacity to continue their operations; bottom line, this equates to a proverbial pat on the back for the attackers. The most importa nt thing to note is that paying cybercriminals to get a ransomware decryption key provides no guarantee that your encrypted data will be restored. So, what options do we recommend? The fact remains that every organization should treat a cybersecurity incident as a matter of when it will happen and not whether it will happen. Having this mindset helps an organization react quickly and effectively to such incidents when they happen. Two major industry standard frameworks, the Sysadmin, Audit, Network, and Security (SANS) and the National Institute of Standards and Technology (NIST), both have published similar concepts on responding to malware and cybersecurity incidents. The bottom line is that every organization needs to be able to plan, prepare, respond, and recover when faced with a ransomware attack.
...
SP52948 Repeated Refusals To Engage Forensic Auditors (Lot 158 Offered Free Engagement Of Professional Auditors But Waratah Strata Management Refused To Notify Owners)
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In 2015, Fair Trading NSW proposed engagement of forensic auditors two times, which BCS Strata Management and committee members silently rejected:
Department-of-Fair-Trading-proposing-forensic-auditor-for-AGM-voting-April-2015
SP52948-questionable-legal-costs-in-FY-2020
Motion from AGM 2019, trying to prevent owners of Lot 158 to raise questions about finance and maintenance, allegedly allowing $150,000.00 to be spent on defamation case, without giving owners information that Waratah Strata Management and committee members already engaged Solicitor who prepared 13-page document before the AGM and tried to force Lot 158 into signing preposterous Deed. In financial statements for FY 2020, in spite of extensive legal involvement, Waratah Strata Management logged only $2,940.00 for legal costs.
Audit requirements are prescribed by the Strata Schemes Management Act and Regulation – large schemes and those with a budget exceeding $250k (budget defined under regulations). STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 95 and STRATA SCHEMES MANAGEMENT REGULATION 2016 – REG 21: Very obvious discrepancies and concerns for audited accounts for the previous years were collected and given to Economos (and a reply never received). Auditor's report for FY 2020 was signed on 3 November 2020, 12 days AFTER the general meeting.
43 days after the general meeting, on 9 December 2022, Auditor's report for FY 2022 was finally made available (Admin Fund on 14 December 2022 had negative balance of $118,269.42), and the admission in minutes of Annual General Meeting tell the full story:
SP52948-waratahstrata-website-Documents-page-1-9Dec2022.webp
Extract from minutes of Annual General Meeting on 27 October 2022 confirmed problems with the financial audit:
SP52948-extract-from-minutes-AGM-2022-reporting-missing-financial-auditor-report-27Oct2022
As previously, Economos report contained errors and they refused to respond to this inquiry on 12 February 2023:
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SP52948-EC-member-Lot-88-refused-to-provide-auditor-details-for-FY-2017-and-2018-on-13May2019
SP52948-Waratah-Strata-Management-ignored-questions-about-auditor-reports-and-other-issues-19Mar2020
Suddenly, in mid-May 2020, auditor report for FY 2017 showed up and was "backdated" to 31 August 2017, as shown in screenshot taken on 12 May 2020 (the website claimed document was generated on 31 August 2017, whilst the alleged audit was datestamped 20 October 2017 and did not contain any details of the audited figures (balance sheet, income and expense statements, bank balance)):
SP52948-waratahstrata.com.au-website-Documents-folder-page-5-12May2020
SP52948-Audit-Report-FY-2017-appeared-after-two-and-half-years
Document search at Waratah Strata Management on 8 June 2022 shows that only seven yearly audit reports exist for period 2000 to 2021:
The above screenshot contains evidence of further errors:
Audit Report for FY 2017 was made available (but not sent to any owner) only on 15 April 2020 (two and half years after the general meeting in 2017).
Audit Report for FY 2014 was actually the Audit for FY 2004 (information on the website is incorrect).
It is questionable where Audit Reports for FY 2004 and FY 2012 come from considering that fact that Waratah Strata Management reported alleged data breach where most of SP52948 files were destroyed in February 2019 (ransomware attack which did not disclose to owners that some alleged benefactor paid ransom to the threat actor in the equivalent amount of $5,052.03). It does not make any sense that ransom was paid but files were lost.
Audit Report for FY 2020 was signed on 3 November 2020, 12 days AFTER the general meeting and not sent to any owner.
SP52948 had Admin Fund negative balance of $203,914.85 on 27 October 2022 - day of Annual General Meeting - it is important to highlight that Waratah Strata Management did not provide Auditor's Report in agenda for the general meeting and as late as 43 days after the meeting (9 December 2022) such report was made available of Waratah website (Admin Fund on 25 December 2022 had negative balance of $130,200.95); 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.
43 days after the general meeting, on 9 December 2022, Auditor's report was finally made available (Admin Fund on 14 December 2022 had negative balance of $118,269.42), and the admission in minutes of Annual General Meeting tell the full story:
SP52948-waratahstrata-website-Documents-page-1-9Dec2022
Extract from minutes of Annual General Meeting on 27 October 2022 confirmed problems with the financial audit:
SP52948-extract-from-minutes-AGM-2022-reporting-missing-financial-auditor-report-27Oct2022
SP52948 Waratah Strata Management And Committee Members Stayed Silent When Presented With Concerns About Contracts For Building And Strata Management
SP52948 has long history of issues with performance of strata and building managers.
Examples of legal cases terminated contracts with strata and building managers in Australia.
SP52948-Waratah-Strata-Management-ignored-concerns-about-building-and-strata-management-contracts
Waratah Strata Management "won" contract with SP52948 four times without any tenders, of which three previous contracts had been signed by unfinancial owners (Mr. Moses Levitt and Mr. Stan Pogorelsky) who were allowed to vote and be on the committee in full non-compliance with strata laws and regulations.
NCAT can terminate oppressive building management (or strata management) contract, as shown in January 2022, where the Tribunal exercised its power to terminate a building management agreement for the first time, in the case of The Owners- Strata Plan No. 64807 v Sunaust Properties Pty Ltd [2022] NSWCATD 20. After concluding that section 72 of the SSMA applied to the Agreement, the Tribunal determined that the Agreement should be terminated under section 72 on the basis that: the BM had failed to perform the Agreement satisfactorily, the charges payable by the owners corporation under the Agreement were unfair, the Agreement was otherwise harsh, oppressive, unconscionable or unreasonable.
SP52948 Example of How Waratah Strata Management Stayed Silent About Allowing Unfinancial Owners To Be Present At AGM 2019
Examples of unfinancial owners allowed to be on the committee and vote:
Unfinancial committee members granted elevator contract renewal to Liftronics on 20 July 2017, in spite of unpaid levies almost three months after due date (1 May 2017)
On 12 October 2017, before general meeting, Waratah Strata Management sent advice on what unfinancial meant to committee members Mr. Stan Pogorelsky (already member of the committee for 17 years) and Mr. Moses Levitt
Lot 181 was fully aware of consequences of unpaid levies, as this email on 12 April 2019 shows
SP52948-Lot-181-fully-aware-of-risks-of-unpaid-levies-12Apr2019
Only once an unfinancial committee member was excluded from voting (7 May 2020)
SP52948-committee-member-Marianna-Paltikian-unfinancial-to-vote-7May2020
Waratah Strata Management was fully aware of unpaid levies for gas heating, as listed in Minutes of committee meeting on 20 July 2017, and then failed to collect them for further two and half years and present the Motion to "forgive" unpaid levies at general meeting on 17 October 2019:
SP52948-example-of-Waratah-Strata-Management-allowing-unfinancial-owners-to-vote-AGM-2019
SP52948 Waratah Strata Management And Committee Members Stayed Silent When Presented With Concerns About Contracts For Elevator Maintenance And Upgrades
NCAT-case-20/33352-SP52948-brief-log-of-events-related-to-elevator-maintenance-and-replacement-contract-in-three-periods-2005-2017-and-2018 (tenders without evidence, delayed repairs, contracts approved without having any paperwork)
Without sending notice of the meeting to any owner, committee had paper meeting on 30 June 2017, allegedly making a decision to enter into elevator maintenance contract with Liftronics without tender or any competitive quotes. Minutes of committee meeting on 20 July 2017 confirmed that the paper meeting on 30 June 2017 was non-compliant with strata regulations. Committee members and Waratah Strata Management were fully aware that seven-year contract with Thyssen Krupp was being terminated on 30 June 2017, as per Motion 6 in minutes of committee meeting three months earlier on 16 March 2017.
Waratah Strata Management hide information about unfinancial committee members: SP52948-levy-arrears-for-committee-members-at-meeting-that-decided-to-grant-elevator-contract-to-Liftronics-without-general-meeting-or-details-of-contract-20Jul2017.
Only once Waratah Strata Management informed owners about committee members not being allowed to vote:
SP52948-committee-member-Marianna-Paltikian-unfinancial-to-vote-7May2020
SP52948 Waratah Strata Management And Committee Members Stayed Silent When Presented With Concerns About Huge Losses To Owners For Wireless ISP Contract
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NCAT-case-20/33352-SP52948-brief-log-of-events-related-to-BigAir-illegal-ISP-operation-for-four-years-huge-losses-to-owners-corporation-final-eviction-and-deed-of-settlement-without-owners-corporation-approval-Jun2018
SP52948-huge-losses-to-owners-for-illegal-ISP-running-in-complex-over-14-years
SP52948 Waratah Strata Management And Committee Members Stayed Silent When Presented With Concerns About Electricity Supply Contracts
SP52948 Waratah Strata Management Failed To Co-operate with Fair Trading NSW Investigations in 2019
An example of how Waratah Strata Management failed to deliver crucial files to Fair Trading NSW and successfully hindered investigations in 2018 and May 2019 (cases 9125004 and 9761719):
SP52948-Waratah-Strata-Management-failed-to-provide-files-to-Fair-Trading-NSW-case-9761719-in-2019
SP52948 Waratah Strata Management Failed To Disclose To Owners Seriously Incorrect Accounting Data Presented By BCS Strata Management At Annual General Meeting On 4 November 2015
- Information given to owners listed levies charged for Admin Fund at $810,900.00 and Sinking Fund at $625,000.00 (plus GST), whilst real figures were Admin Fund at $770,000.00 and Sinking Fund at $210,000.00 (plus GST). Nine of the members of the committee, including two unfinancial owners Mr. Stan Pogorelsky and Mr. Moses Levitt, also stayed silent to report this discrepancy:
SP52948 Undisclosed Information About Significant Losses in Owners Funds due to Unpaid Levies for Gas Heating
Extract from Solicitor's secret email to Waratah Strata Management on 23 August 2017, showing full awareness of allegations of unpaid levies by several committe members
SP52948-Lot-181-failed-to-produce-evidence-for-gas-heating-levy-payments-8Jun2015
SP52948-committee-member-Thomas-Karolewski-asking-Waratah-Strata-Management-to-respond-to-Lot-158-in-relation-to-recovery-of-overdue-unpaid-gas-heating-levies-2May2019. Response to Lot 158 or any evidence to prove that their statements were inconclusive or wrong has never been provided
Waratah Strata Management Silent About Rejected Insurance Claims
Waratah Strata Management (and its predecessor BCS Strata Management) refused to inform owners about rejected insurance claims:
SP52948 Dangers If You Ask Questions - Stalking, Threats (Including Anonymous Death Threats), Exposure to Ridicule, Discrimination, and Religious Prosecution
Would a reasonable person find these problems to be disturbing and serious:
SP52948-serious-threats-to-Lot-158-due-to-strata-mismanagement-investigations-Nov2021
Since 2010, when Lot 158 uncovered complex mismanagement issues, attacks against the family were persistent and deliberate. The sheer hatred of Lot 158 by committee members, strata managers, and some of maintenance staff is on display:
SP52948 Lack of Maintenance for Foyer Spot Lights
Since 2003, committee made a decison at a meeting how to maintain spot lights in foyers of four buildings. Whilst this was enforced until around 2014, since that time almost all spot lighs have been out of order in the buildings.
SP52948 Lack of Responses about proposal LDA2021/0095 to City of Ryde Council in April 2021
Waratah Strata Management was asked to provide response to LDA proposal to City of Ryde Council in April 2021 and they never responded to Lot 158:
Instead of replying, Waratah Strata Management deleted the email without reading
There is no evidence if committee members and Waratah Strata Management acted to protect interests and investments of 218 owners in the complex.
Lot 158 alone took it onto themselves to try to help owners and tenants in Ryde area:
Owner's personal response to LDA proposal to City of Ryde Council in May 2021
Very different approach was taken by then strata manager and committee members on 28 November 2002 for the original development proposal, where Lot 158 was authorized (who successfully completed the duties) to attend council meetings and respond on behalf of owners corporation:
SP52948-Motion-7-about-development-proposal-committee-meeting-28Nov2002-page-1
SP52948-Motion-7-about-development-proposal-committee-meeting-28Nov2002-page-2
On 15 February 2023, notice was received about Land and Environment Court Section 34 Conciliation Conference regarding development proposal at Eden Gardens in the Land and Environment Court was scheduled for on 22 March 2023
Owner's personal response to LDA proposal to City of Ryde Council in dated 17 February 2023
Owner's personal response to LDA proposal to City of Ryde Council on 19 March 2023
Lot 158 attended Land and Environment Court Section 34 Conciliation Conference regarding development proposal at Eden Gardens (18-storey building and 4-storey car park) on 22 March 2023.
No SP52948 committee member attended the conference or showed any effort to help owners preserve their investment values.
SP52948 strata manager from Waratah Strata Management did not attended the conference or showed any effort to help owners preserve their investment values.
Eden Garden’s proposal contains many errors, including the fact that in some documents they requested 16-storey building, in some documents it was 17-storey building, in some documents it was 18-storey building, and in some documents it was an UNLIMITED height of the building.
Current Eden Gardens’ proposal has 977 pages of documentation in 27 files.
Conciliation Conference was attended by around 30 lawyers and businesses representing Eden Gardens development (155 million dollars project!), Senior Commissioner and his aide on behalf of the government, Senior Solicitor from City of Ryde, and six invited respondents who were allowed to present their cases against the development (including Lot 158).
There is a strong opposition to the development from various parties (the development does not comply with many regulations). For the record, Eden Gardens rejected proposal to build two 8-storey buildings (up to tree canopy).
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20220223-COUNCIL-RESOLUTION-Future-Use-of-Land-Adjoining-SP52948-1-15-Fontenoy-Road.
Local copy of Council resolution on page 8 for unnamed park on Lane Cove Road.
Waratah Strata Management and committee members failed to inform owners about this positive news for the environment
Strata-Plan-SP52948-repeated-offences-with-undisclosed-use-of-Ryde-Council-land-for-parking
Over many years BCS Strata Management and Waratah Strata Management attempted to force Council to approve illegal use of public land for parking
Appeal against the Sydney North Planning Panel's actual refusal by determination on 19 December 2022 of Development Application for alterations and additions to the existing garden centre and function centre and the construction of an office building and restaurant has been listed for a five (5) day Hearing in the Land and Environment Court on 21 August 2023 to 25 August 2023.
There is no evidence that Waratah Strata Management and commitete members made any effort to get involved to help SP52948 prevent this terrible development proposal.
Lot 158, who made multiple written submissions to the Development Application, was invited to give evidence to the Court at the on-site component of the hearing commencing on Monday, 21 August 2023.
City of Ryde Solicitor Michael Chillari advised that, at the initiative of the proponent the appeal has been postponed to the week beginning 26 February 2024. This is to enable them to submit further which in turn gives rise to opportunity for objectors to resubmit. On 11 September 2023, we received a letter asking for response on 45 new submissions for Eden Gardens, with deadline for responses at 17:00 hours on 19 September 2023.
Owner's personal response to LDA proposal to Land and Environment Court 16 September 2023
By February 2024, the Meriton towers under construction at 100 Talavera Road near the Macquarie Centre will be further advanced. The one already built is 27 storeys (88m), the ones coming are 39 storeys (129m), 46 storeys (152m) and 59 storeys (193m). The highest one is taller than any building in Chatswood and possibly taller than any building except for a few in the CBD. Whilst these towers are on the other (west) side of the M2 they will cast long shadows over the Lane Cove valley and national park in the afternoons.
Waratah Strata Management and SP52948 committee members appear to still avoid taking joint action on behalf of 218 owners in the complex.
Apart from many other concerns Lot 158 has already raised against this development they found another one, which will be present to the court.
A good precedent case, covering so-called "Implied Right to a Healthy Environment".
Landmark recognition of human rights and environmental impacts as grounds for a recommendation against the grant of a mining lease:
Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21 (25 November 2022) involved the Land Court of Queensland making recommendations to the [Queensland] Minister for Resources (Minister) and the Chief Executive of the Department of Environment and Science (Chief Executive) on Waratah Coal Pty Ltd's (Waratah) applications for a mining lease and environmental authority to mine thermal coal in the Galilee Basin.
In regards to this legal case, Lot 158 will talk about:
Rights of First Nations people
Right to protect children
Right to property
Right to privacy and home
Right to enjoy human rights without discrimination
Overall, the balance weighs against approving the application, taking into account the factors for each of the rights considered.
The fact that the development site does not impose height limits should not be accepted as valid defense. Laws change frequently, so regulation to prevent high-rise buildings close to national parks is just a matter of time. For the moment, we should accept it as an "implied rule".
The Tasmanian law restricting protests in Brown (2017), for example, did not come close to single-handedly destroy the Constitution. Nevertheless, the Court was sensitive to how such actions might incrementally or partially affect our rights and privileges. This was enough for it to be deemed in breach of the Implied Freedom of Political Communication.
And when we add many other concerns, every reasonable person must make decision that we support.
SP52948 not given proper opportunity to create unified response about proposal DA 23/2902 to Department of Planning and Environment
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Waratah Strata Management waited one month for a Department of Planning and Environment development proposal DA 23/2092 to expire before shyly listing it on their webste on 18 May 2023. The notice was published on Waratah Strata website on 18 May 2023, one month after the Department of Planning and Environment sent the letter to them and one day after the deadline for landowners and interested parties to respond:
SP52948 Refusal to Provide Details of Licensed Staff
Names of strata manager's and building manager's staff and their credentials (licenses, police checks, and similar) and how many hours they work (in case of building manager's staff) are unknown and hidden from owners.
In 2001, owners strongly reacted when unlicensed security guards were temporarily employed. Since that time, due to high costs for security, owners expect the same rules to apply, but Waratah Strata Management refuses to inform them:
SP52948-petition-about-only-licensed-security-guards-to-be-employed-committee-meeting-10Jan2001
Action by building manager (Universal Strata Care) was prompt and professional, as documented in minutes of committee meeting on 14 February 2001:
Here is an example of how previous caretaker/building manager provided monthly report on their staff (including security guards) on 5 December 2012:
SP52948-monthly-summary-of-working-hours-by-caretaker-staff-page-1-5Dec2012
SP52948-monthly-summary-of-working-hours-by-caretaker-staff-page-2-5Dec2012
Requests to obtain details of staff working in the complex has been rejected by Waratah Strata Management multiple times.
Notice boards do not have details of maintenance staff either.
Waratah Strata Management failed to present bid from Complete Building Management Group at AGM 2017
The following tenders were disallowed for competing for strata and building management contracts at AGM 2020 without valid reasons:
Three very competitive quotes for building management contract: Curtis Strata Cleaning Forte Asset Services Clean and Secure Building Management All three of them offered two options for security services with licensed staff: Patrols two times a night in around 30 minute duration each time, Full 10-hour a night onsite security. The reason for option with patrols: All fire doors in the basement in the complex now have alarms, New CCTV system. Very competitive quote from Jim's Mowing franchise for gardening. Three very competitive quotes for the strata management contract: Strata Excellence Strata Title Management NetstrataSP52948-Waratah-Strata-Management-ignored-reports-of-persistent-non-compliance-with-Interpretation-Act-1987-NSW-13Mar2020. Throughout 2018, 2019, 2020, and 2021, only selective owners received notices for meetings and they were event not occasionally put on notice boards
SP52948 Block B not fully locked down due to Covid-19 incident in spite of NSW Health regulations in August 2021. Some owners from Block B were witnessed moving trhoughout the complex freely just two days after the notice about Covid-19 was published
On 10 January 2022, email was sent to Waratah Strata Management about ongoing breaches of common sence and mask-wearking regulation, and response was never received
Around 3 January 2022, notice was published about confirmed Covid-19 case in Block A.
...
Several actions followed:
Flamesafe was asked, for their sake, to confirm if active Covid-19 cases still exist elsewhere in our complex, not only Block A.
...
On a separate note, we would like to voice concern about poor adoption of sensible rules to fight Covid-19:
a) Quite often, we witness owners and visitors inside Block A (foyers and elevators) without masks. That is easily confirmed by CCTV recordings.
b) We personally witnessed several owners who not only had no masks inside elevators but also severely coughed.
c) In Block A alone, smoking is still a serious issue on the ground floor:
* One was visitor to ex-committee member (Lot 151), who was staying with Ms. Maureen McDonald during festive season. His smoking in the courtyard was so bad that we had to close windows in bedrooms many times. No comments are necessary.
* One is a tenant in Lot 146. Smoke goes directly above their unit.
It appears rule of the jungle best describes how people in the complex behave.
Notice in Block A on 13 April 2022:
SP52948-Block-A-notice-with-complaints-about-smoking-13Apr2022
Notice in Block D on 15 May 2022:
SP52948-Block-D-repeated-complaints-about-smoking-15May2022
Lot 158 continued to witness various tenants and owners not wearing masks in elevators and foyers of the buildings.
On 23 January 2022, at 11:50 hours, wife of long-term committee member Lot 181 Mr. Stan Pogorelsky was witnessed not wearing mask in elevator by three persons. In addition, maintenance staff saw her in the basement of Block A and CCTV recording can confirm it. This is a repeat offence of not wearing mask in the elevator by the same person
On 3 February 2022, at 08:34 hours three witnesses saw maintenance worker leaving elevator on ground floor of Block A not having protective mask covering their face. CCTV recording can confirm it.
Examples of repeated pleas to protect owners from serious prolonged jack-hammering noise and other OH&S risks, including pollution of common property:
SP52948-Waratah-Strata-Management-ignored-complaint-about-mowing-noise-and-house-rules-10Dec2020
SP52948-Block-B-Lot-36-major-renovations-with-prolonged-jackhammering-noise-23Jun2021
SP52948-Block-D-Lot-140-major-renovations-with-prolonged-jackhammering-noise-photo-1-13Nov2022
On 19 January 2024, Lot 2 was witnessed complaining about significant noise coming from Lot 7 renovations. Their children on ground floor were very stressed and even cry regularly. Noise was unbearable:
SP52948-Block-B-Lot-7-kitchen-renovation-15Dec2023
SP52948-Block-B-Lot-7-extended-major-renovation-12Jan2024
SP52948-Block-B-Lot-2-complaining-about-excessive-renovation-noise-from-Lot-7-18Jan2024.mp4
SP52948 Smoking Issues Ignored in the Complex
Some of repetitive issues with smoking:
Some of repetitive issues with smoking. Waratah Strata Management ignorant of the complaints.
SP52948 Risks With Fallen Trees and Lack of Their Proactive Maintenance
Large fallen tree from the edge of the property onto Fontenoy Road, damaging car and barely missing to kill passers-by on 9 March 2022. This is just one of number of close-call incidents:
SP52948-risks-with-fallen-trees.and-lack-of-their-proactive-maintenance.html
Random check uncovered danger of collapsing fence towards Lane Cove Road on 21 June 2022 - proper remediation work would include removing or trimming large tree leaning on the fence:
SP52948-danger-of-collapsing-fence-toward-Lane-Cove-Road-photo-1-21Jun2022
SP52948 Land Erosion and Unsafe Slope Behind Townhouses
Unsafe steep slope behind townhouses with unattached large concrete block, unrepaired for more than seven years on 15 February 2022:
SP52948 Frequent Faulty Lights in Gardens
SP52948 Persistent Problem with Parking on Common Property
SP52948 Selective Privileges For Townhouse Owners By Providing Inequitable Reimbursements For Private Water And Gas Usage And Lack of Proper By-Law Enforcements
Since late 2010, when Lot 158 uncovered secret payments to selective townhouse owners for private water and gas usage (which included three past or current committee members at the time), attempts to enforce equal rights for all owners were ignored by BCS Strata Management, Waratah Strata Management, and committee members.
Here is an example of what Chairperson, Mr. Bruce Copland, submitted to CTTT in case SCS 11/00711 on 27 February 2011:
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-11-00711-27Feb2011
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-11-00711-part-2-27Feb2011
Here is an example of what Chairperson, Mr. Bruce Copland, submitted to CTTT in case SCS 12/05845 on 10 March 2012:
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-12-05845-10Mar2012
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-12-05845-part-2-10Mar2012
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-12-05845-part-3-10Mar2012
In 2008, Lot 217 complained to BCS Strata Management about not knowing about water and gas reimbursements for seven years (they were unable to make claims for past year because AGL did not have facility to reissue invoices prior to 6 March 2007 as per their letter dated 26 March 2008):
Even more, full details of discriminatory benefits have always been carefully kept undeclared to owners and investors:
Waratah Strata Management continued with practice of providing inequitable benefits to selective group of townhouse owners by reimbursing their water and gas usage:
Here is an example of how inequitable and discriminatory gas usage rembursements were not only applied to selective group of townhouse owners in FY 2021 and, at the same time, directly disadvantaged 192 owners in four buildings and townhouse owners who did not get those benefits but personally paid excessive costs for selective group of townhouse owners.
Of $25,366.56 (GST exclusive) paid for gas usage for the complex in period from 1 September 2020 to 31 August 2021, $12,303.28 (GST exclusive) was paid for gas usage for swimming pool, which is a common property, shared between all owners in four buildings and townhouses. That means $13,063.28 (GST exclusive) was spent for all gas usage in four buildings (shared by 192 owners), effectively averaging $68.00 spent per each owner in buildings.
SP52948-extract-from-Waratah-Strata-Management-agenda-AGM-2021-with-gas-usage-costs
Selective owners in four buildings paid special levies for gas heating in amount of $2,573.52 (GST exclusive). According to Waratah Strata Management, gas heating levies are currently $220.00 (GST inclusive) per owner who connected gas heater in their unit:
SP52948-FY-2021-Admin-Fund-revenues
Subtracting $2,573.52 from $13,063.28 created figure of $10,489.76, which is the final figure of how much 192 owners in four buildings really spent on gas usage (just $54.00 per building owner).
In the same financial year, selective group of 11 townhouse owners (of 26 in total) received reimbursements for their private gas usage in amount of $891.17 (GST exclusive), which meant each received $81.00 (GST exclusive).
To make things worse, Waratah Strata Management listed gas usage reimbursements in accounting code 181100 with total cost of $3,731.03, which significantly differ from figure $891.17.
Accounting errors, which appears nobody is correcting or checking (including Economos auditors), is also proven by the following fact: total expenses (GST inclusive!) for Solicitor Adrian Mueller in FY 2021 as listed by Waratah Strata Management in their agenda for Annual General Meeting sent on 7 October 2021 on page 108: $25,714.30. Another version of total expenses (GST exclusive) for Solicitor Adrian Mueller (based on figures in agenda for account code 153200 for Annual General Meeting sent on 7 October 2021 on pages 14 to 17, without costs for barrister Hussein Elachkar, and without alleged defamation costs in FY 2021 which are NOT part of NCAT proceedings and not legally approved at Annual General Meeting 2020): $19,764.4. Total expenses (GST exclusive) for legal and debt collection fees for all lawyers and solicitors in FY 2021 as listed by Waratah Strata Management in their agenda for Annual General Meeting sent on 7 October 2021 on page 18: $24,171.90. And yet another version of total expenses (GST exclusive) for Solicitor Adrian Mueller (based on figures in agenda for account code 153200 for Annual General Meeting sent on 7 October 2021 on pages 14 to 17, without costs for barrister Hussein Elachkar, and with defamation costs in FY 2021 which are NOT part of NCAT proceedings and not legally approved at Annual General Meeting 2020): $23,376.62.
In the same financial year, selective group of 18 townhouse owners (of 26 in total) received reimbursemens for their private water usage in amount of $5,141.81 (GST exclusive), which meant each received $285.00 (GST exclusive). Agenda for the same FY 2021 reported different figure for water reimbursements in Income & Expenditure statement: $5,460.61.
SP52948-extract-from-Waratah-Strata-Management-agenda-AGM-2021-with-utility-costs
In spite of repeated pleas to provide equal rights to all owners, Waratah Strata Management, committee members, and Solicitor Adrian Mueller, made every possible effort to disallow Motions for equitable reimbursements to townhouse owners - here is an example from AGM 2017:
Example of Lot 158 attempts to introduce equitable and anti-discriminatory gas and water usage reimbursements and levies for all owners in the complex at AGM 2020:
SP52948 Discrimination Of Owners With Dogs And Lack of Proper By-Law Enforcements
For number of years, Lot 158 wanted to ensure all owners have equal rights, including the right to keep small animals, as long as proper conditions were met. Health concerns from bacteria and parasites in dog faeces, and urine on common property, and noise problems were the main concerns, so if they were properly addressed there wa no valid reason to prevent ownerrs and tenants from having small dogs and cats.
SP52948-discrimination-of-dog-owners-and-lack-of-compliance-with-by-laws.html
SP52948 Numerous Maintenance Problems Undisclosed to Owners - Including Change of Common Property Allowing Lot 151 (Ex-Committee member Ms. Maureen McDonald) to Install ColorBond Gate Without Approval at Any Legally-Convened Meeting And Registration of Change of Common Property With Department of Land
On 10 January 2022, ex-committee member Lot 151 (Ms. Maureen McDonald) 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.
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.
SP52948-ongoing-maintenance-problems-mostly-ignored-by-Waratah-Strata-Management
SP52948 Discriminatory By-Laws Providing Inequitable Rights to Selective Owners
Examples of failures to disclose correct version of By-Laws to owners and tenants:
In 2003, adjourned Extraordinary General Meeting (conducted without quorum and in non-compliance with strata laws) approved exclusive use of common property to ex-Chairperson Mrs. Lorna Zelenzuk (Lot 3). Even a member of the committee at the time (Dr. John Edye) complained about it in letter dated 12 Januaryu 2013, but he was ignored, and owners were not allowed by strata manager to receive his concerns:
SP52948-two-complaints-by-committee-member-Dr-John-Edye-Lot-212-12Jan2003
Since 2003, until late 2017, Special By-Law 4, giving exclusive rights to common property to Lot 3 Mrs. Lorna Zelenzuk was not listed for owners and investors, in spite of numerous pleas to BCS Strata Management and later Waratah Strata Management:
SP52948-Special-By-Law-4-Lot-Owner-3
This was an offical copy of By-Laws made available to owners:
SP52948-Registered-By-Laws-Missing-By-Law-for-Lot-3-DocID-2541110-BCS2541110-29Jan2014
SP52948-reminder-sent-to-Waratah-Strata-Management-about-missing-Special-By-Law-4-4May2017
SUBMISSION-FOR-SP52948-EC-meeting-invalid-version-of-latest-By-Laws-for-SP52948-sent-on-8Dec2017. Waratah Strata Management sent the following By-Laws in paper format to Lot 158:
SP52948-Alleged-By-Laws-sent-by-Waratah-Strata-Management-8Dec2017(Special By-Law 3 providing exclusive rights to common property to ex-committee member Lot 3 Mrs. Lorna Zelenzuk was missing!). The actual By-Laws secretly registered by Waratah Strata Management on 30 October 2017 were obtained by Lot 158 at LPI at own cost:
SP52948-Consolidated-By-Laws-30Oct2017(Special By-Law 3 providing exclusive rights to common property ex-committee member Lot 3 Mrs. Lorna Zelenzuk was wrongly listed as ordinary By-Law)
The inquiry contained evidence of issues with By-Laws and even obvious errors in their secret registration on 30 October 2017:
By-Law 4 Lot 3 Window on page 7 is a Special By-Law, not an ordinary one. There is another Special By-Law 4, related to Satellite Dishes. There are two Special By-Laws 5 for Smoking with DIFFERENT contents. By-Law 13 on page 9 is invalid in its entirety as it was not approved at AGM 2017 and all reimbursements that might have been paid from common funds for private water and gas usage to selective townhouse owners since 30 October 2017 are ILLEGAL.
SP52948-Waratah-Strata-Management-silent-about-missing-By-Laws-for-owners-and-tenants-8Jan2021
NSW Strata Community perfect summary of strata meeting requirements
Annual General Meeting on 27 October 2022 also failed to meet required timeframes, as shown by postage date on the envelope sent to owners on 11 October 2022 at 23:53 hours (the envelope is now kept as evidence for court)
SP52948 Waratah Strata Management Ignorant of Major Renovation Requirements
Latest version of By-Laws, made at rushed and unnecessary Extraordinary General Meeting in January 2021, which redefined Major Renovations in non-compliance with Fair Trading NSW allowing them to be delegated to the committee:
SP52948-Consolidated-By-Laws-9Mar2021
Previous version of by-laws dated 26 October 2018:
SP52948-Consolidated-By-Laws-Including-Special-By-Law-11-Unreasonable-Communications-26Oct2018
Previous version of by-laws dated 30 October 2017:
Here is what Fair Trading NSW says about renovations, including Major Renovations:
Major renovations
Major renovations include:
structural changes
waterproofing
changes affecting the outside appearance of the property, such as an access ramp
work that needs approval under other laws (for example, council approval).
Approval for major renovations
The work needs a special resolution vote. Then the owner must give the owners corporation at least 14 days written notice before the work starts. This should describe the proposed alteration.
The owners corporation cannot delegate approval for major renovations to the strata committee.
Renovations and common property rights
If an owner needs to use part of the common property, like attaching an air conditioning unit to a common property wall, they must get approval through a common property rights by-law.
The common property by-law must state who is responsible for maintaining the common property. This responsibility would either:
stay with the owners corporation, or
go to an owner or owners.
Before the by-law can be passed, the lot owner or owners must first:
agree to the by-law.
consent to maintaining the common property (if the by-law includes this).
- These Consolidated By-Laws were registered on 1 February 2021, and screenshot of Waratah Strata Management website shows that even as of 26 February 2021, no owner had access to them, and they were not sent via post or email either:
SP52948-waratahstrata.com.au-website-Documents-folder-part-1-26Feb2021
- For third time in four years, Waratah Strata Management had to change Special By-Law for renovations, as per agenda for AGM 2022 sent on 10 October 2022. Waratah Strata management was ignorant and created serious legal threat due to fact that number of owners had major renovations without general meetings:
SP52948 Waratah Strata Management Hiding Strata Files From Owners
- In period from 1 February 2017 to 16 August 2023 (six and half years) Waratah Strata Management published only 170 documents for strata plan SP52948 on their secure website:
There is not a single copy of evidence of signed Standard Costs Agreements and its delivery to Solicitors (including Adrian Mueller), Crittenden Solicitors, and undentified barrister who allegedly had duty to respond to O'Brien Criminal & Civil Solicitors in May 2020.
- In period from 1 February 2017 to 26 August 2022 (five and half years) Waratah Strata Management published only 149 documents for strata plan SP52948 on their secure website. Of those 149 documents, only 113 are for period from 1 February 2017.
There is not a single copy of evidence of signed Standard Costs Agreements and its delivery to Solicitors (including Adrian Mueller), Crittenden Solicitors, and undentified barrister who allegedly had duty to respond to O'Brien Criminal & Civil Solicitors in May 2020.
Also, there is no information for owners for any Fair Trading NSW, NCAT, and Supreme Court cases, and fire safety compliance orders.
SP52948-waratahstrata.com.au-website-Documents-page-1-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-2-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-3-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-4-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-5-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-6-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-7-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-8-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-9-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-10-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-11-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-12-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-13-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-14-26Aug2022
SP52948-waratahstrata.com.au-website-Documents-page-15-26Aug2022
In period of more than seven years owners have not seen any open or closed quotes, as of June 2023:
SP52948-waratahstrata-website-Open-and-Closed-Quotes-do-not-exist-14Jun2023
SP52948 Waratah Strata Management Often Ignored Needs for Maintenance and Repairs
In period 1 February 2017 to 5 November 2022 (almost six years) Waratah Strata Management did not publish a single quote for any type of work for strata plan SP52948 on their secure website.
SP52948-ongoing-maintenance-problems-mostly-ignored-by-Waratah-Strata-Management
SP52948 examples of repetitive water leak repairs in single unit in period 2011 to September 2018
SP52948 Waratah Strata Management History Of Delaying Payments Or Not Reporting Outstanding Invoices
On 20 September 2017, Jane Crittenden Lawyer sent letter to Waratah Strata Management confirming strata manager's contractual obligation to pay debts as and when they fall due:
Waratah Strata Management regularly ignored this advice and legal obligation.
Waratah Strata Management has history of delaying payments and not reporting outstanding invoices.
Example of overdue payment of invoice in 2018:
Example of overdue payment of invoice in 2019:
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An example for paying Solicitor Adrian Mueller four months after his invoice was sent: invoice was dated 23 August 2017 but paid in amount of $5,200.00 on 11 December 2017. Owners were not informed about these invoice at Annual General Meeting in October 2017. Solicitor's invoices also included charge in amount of $1,925.00 (GST inclusive) for preventing Lot 158 Motions at general meeting:
Another example is also related to hidden and unapproved work by Solicitor Adrian Mueller. In period from late July 2021 to 21 March 2022 (more than five and half months in FY 2022), the Income and Expenditure Report claims that only $380.00 was spent for all legal and debt collection fees. Two days later, on 23 March 2022, the legal costs suddenly increased to $4,128.71 and they mostly related to Solicitor Adrian Mueller's alleged work in period from July 2021 to March 2022: One invoice was Solicitor's Adrian Mueller engagement in period from 16 July 2021 to 4 March 2021 in amount of $2,475.00 (GST inclusive), and other for period 7 February 2022 to 11 March 2022 in amount of $1,045.00 (GST inclusive).
Owners are prevented to have this information by Solicitor Adrian Mueller and Waratah Strata Management. That is what Waratah Strata Management declared was a correct way to implement his version of "democracy" as listed in his email to Fair Trading NSW in 2019.
Insurance renewal was due on 21 September 2022 but paid on 26 September 2022 (creating risk of uncovered common property for period of five days). SP52948 was at high risk due to expired insurance. Insurance premium increased by 50.84% and owners paid $149,529.07 for it. SP52948 was forced to repay $15,200.15 (GST excl) to insurance company for Solicitor Adrian Mueller’s legal costs in NCAT case SC 20/33352. $6,541.55 paid to Waratah Strata Management for insurance commissions.
Building manager Uniqueco Property Services (according to official documents prepared by Waratah Strata Management) was paid monthly salary for November 2023 on 20 December 2023 (in amount of $29,517.85 which was $639.87 higher than salary for October 2023).
As of 15 January 2024, negative balance (deficit) in Admin Fund reached -$187,775.83, and building manager Uniqueco Property Services was still not paid for December 2023 and January 2024.
These are not unique to Waratah Strata Management, as BCS Strata Management had same behaviour in the past:
SP52948-BCS-Strata-Management-Delaying-Payments-from-Common-Funds
SP52948 Waratah Strata Management Failure To Organize Gas Meter Replacement for Lot 158
SP52948-Waratah-Strata-Management-failed-to-organize-gas-meter-replacement-for-Lot-158
On 24 November 2022, Jemena staff showed up for alleged replacement of gas meter competely unannounced and left this note (Waratah Strata Management and Uniqueco Property Services are till silent about organising maintenance of common property):
SP52948 Waratah Strata Management Refusal To Keep Register Of Items Which Changed Status from Common Property To Private Property Without Approvals At General Meetings Or By-Law Registrations
Like their predecessor, BCS Strata Management in period from 1999 to 31 January 2017, Waratah Strata Management refused to keep register of common property items that became private property, and event worked with Solicitor Adrian Mueller to prevent 218 owners from voting about them at general meetings since 2017.
Some examples of owners obtaining exclusive rights to common property without general meetings or registration:
-
Solicitor Adrian Mueller coerced Waratah Strata Management to prevent Motion about items excluded from common property at general meetings in 2017, 2018, and 2020:
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Five private lattices in front of townhouses Lot 194, Lot 197, Lot 199, Lot 202, and Lot 216 (not approved at any meeting)
EC meeting 15 August 2007: Lot 135 application for solar film on windows
28 March 2011: Townhouse 194 requested new gas boiler and separate gas meter
EC meeting 4 February 1998: Lots 177 and 183 approved to install double-glaze windows (By-Law planned to be approved at General Meeting but never eventuated)
EC meeting 17 March 1998: Lot 62 approved to install double-glaze windows (By-Law planned to be approved at general meeting but never eventuated)
EC meeting 17 March 1998: Townhouse 219 approved to install polycarbonate sheeting as pergola cover and installation of air-conditioning unit
EC meeting 17 May 1998: Application by owner of Townhouse 213 and the EC approval that all future gas costs were to be met by the owner
EC meeting 19 August 1998: Townhouse 206 approved to install polycarbonate sheeting as pergola cover
EC meeting 14 February 2001: Application by owner of Townhouse 210 and EC decision for gas connection not to pay for future connection (service) fees
EC meeting 4 March 2015: Two townhouse connections from their courtyards to common storm water drain (acquisition of common property without Special Resolution or registered By-Law)
Number of townhouse owners changed external door without approval, and without following color standards for the complex
Lot 114: Special casing for lights in the garage
Lot 151: Four florescent lights in garage (the only owner with such privilege)
Lot 193: Double-glaze windows in 2017
Lot 151: 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. No meeting approved this change:
-
Waratah Strata Management persistently refuses to document which common property items changed into private ownership - an example for AGM 2017 where Motion was disallowed by them and Solicitor Adrian Mueller (this Motion was repeatedly sent in following years).
One example is best displayed by lack of any standards for external doors in townhouses, without approvals at meetings:
SP52948 Discrimination Of Owners - Block A Sunroom Windows Checks Delayed For Two Years After Work Done in Block B and C
In December 2020, after third major event with blown window frame in the complex (last one was in Lot 190 in Block A on 30 November 2020 without disclosure to owners), rushed work and repairs were done in Block B and C:
SP52948-Block-B-extra-pop-rivets-in-sunrooms-photo-1-17Dec2020
SP52948-Block-C-extra-pop-rivets-for-sunroom-frames-photo-1-19Dec2020
In spite of repeated complaints and warnings, the work and checks in Block A were delayed from almost two years, as seen by sudden notice on 31 August 2022:
Here is evidence of missing rivets on window frame in Lot 158 on 7 September 2022 (three rivets completely missing, and other three loose to hold the frame locked in safe position). After new pop rivets were installed, the window frame looks very different on 7 September 2022:
SP52948-Lot-158-missing-rivets-on-window-frame-in-sunroom-photo-1-7Sep2022
SP52948-Lot-158-new-rivets-on-window-frame-in-sunroom-photo-1-7Sep2022
Much more dangerous status was found in Lot 160. Missing rivets on window frame in Lot 160 on 7 September 2022 (most rivets completely missing, and it was easy to push the whole massive frame away from wall by around three centimeters). Upset tenant stated that her child regularly played near that window, so it was a disaster just waiting to happen, similar to what happened in Lot 190 in November 2020), The photo taken clearly show detached window from the frame:
SP52948-Lot-160-missing-rivets-on-detached-window-frame-in-sunroom-photo-1-7Sep2022
The importance of maintain sunroom windows is best shown through extract from minutes of committee meeting on 15 July 1998, just two years after the complex was built, when hopper windows in sunrooms needed winder reinforcements to prevent them from being destroyed by strong winds:
SP52948-committee-meeting-confirmation-of-installation-window-winders-in-building-sunroom-15Jul1998
SP52948-Lot-2-complaint-about-sunroom-window-frame-unattached-from-wall-3Nov2013
Third major incident with blown window frame in the complex - this time happened to Lot 190 sunroom (previous one in 2011 was mishandled by BCS Strata Management and this one was under management by Waratah Strata Management):
SP52948-third-major-incident-in-complex-blown-window-frame-in-sunroom-29Nov2020
SP52948-update-on-third-major-incident-in-complex-blown-window-frame-in-sunroom-30Nov2020
Strata funds paid $12,270.00 for repairs and insurance company declined to cover the costs of repair due to previous incidents and risks:
Insurance declined to reimburse owners corporation - an information that Waratah Strata Management, Uniqueco Property Services, and committee members hid from owners:
SP52948-Waratah-Strata-Management-ignored-report-on-window-frame-risk-for-Lot-202-20Dec2020
SP52948-Waratah-Strata-Management-ignored-Lot-158-submissions-for-EC-meeting-2Feb2021
SP52948 Dangers To Wildlife - Owner's Cat Roaming Freely In The Complex
Roaming cat has been observed number of times in the complex - freely walking without control, potentially endangering wildlife.
SP52948 Examples of Allowing Selective Private Businesses to Use Common Property Without Compensation to Owners Corporation Or Approvals At General Meetings
Since committee meeting on 10 February 1999, private businesses were strongly discouraged from using common property:
SP52948-use-of-common-property-for-business-prohibited-EC-meeting-10Feb1999
Since 1 February 2017, when Waratah Strata Management took office, three types of business used common property for running private businesses, without compensation to owners corporation, without providing proof of insurance in case of injuries or death, and without proding proof of reporting such income to Australian Taxation Office (cash economy):
Tennis coaching. Waratah Strata Management and committee members ignored inquiries about it
Swimming lessons and exercises in pool area,
Car washing. Notice boards kept information about it for more than a month in July and August 2022.
SP52948 Waratah Strata Management and Committee Members Failed to Inform Owners About Renewed Attempts by Telecommunications Company to Force Owners to Allow Antennae Installations
Since 1999, SP52948 owners have been exposed to threats and bullying by telecommunications companies and carriers to forcefully approve installation of their equipment on roofs of buildings.
Latest attempt is by Gigacomm as listed in minutes of two committee meetings dated 1 December 2021 and 10 February 2022.
This proposal was not part of agenda for AGM 2022.
SP52948 Lot 147 Damaged ColorBond Fence Without Repairs
SP52948 Lot 219 Rusted ColorBond Fence
Number of ColorBond fences have long-term rust problem, one of them is Lot 219, as photos show on 26 September 2022:
SP52948-Lot-219-rusted-colorbond-fence-unattended-for-five-years-26Sep2022
Similar issue is in a unit on ground floor of Block D, which was reported in the past, as photo on 15 July 2021 shows:
SP52948 Contionuous Misappropriation of Shopping Centre Trolleys with Risks to Damaging Common Property
For many years, few owners and tenants are abusing shopping centre trolleys in the complex. The worst culprit is Mr. Stan Pogorelsky, Lot 181.
Taking something that is not theirs with the intention of depriving others of its use – that is a definition of theft:
It is duty of every law-abiding citizen to act upon suspicious and/or illegal activities. Good estimate is that the average trolley costs $150 to replace, however trolleys with special features (such as child seats) can cost up to $600. The cost of collecting and replacing abandoned trolleys is ultimately paid for by the customer through increased prices.
Lot 158 made number of complaints and inquiries, which were ignored by BCS Strata Management, Uniqueco Propetty Management, and Waratah Strata Management:
SP52948-supermarket-trolley-and-documents-destroyed-Aug2015
SP52948-Lot-158-concerns-about-Lot-181-keeping-supermarket-trolleys-as-own-10Sep2015.html
SP52948-email-to-Waratah-Strata-Management-trying-to-defend-lack-of-actions-for-trolleys-4Jun2017
Mr. Stan Pogorelsky was offered a chance to prove that he legally purchased shopping centre trolleys, which he declined. Instead, Mr. Steve Carbone, Director of Uniqueco Property Services, tried to justify Mr. Pogorelsky's actions by stating in email to Waratah Strata Managament on 4 June 2017, that the trolley was a "replica" purchased by Mr. Pogorelsky:
Trolleys not only do not belong to owners and tenants, but can also damage common property. Here is an example of how other strata complexes deal with trolleys:
Apart from trolleys being abused by few owners and tenants in the complex, anther problem is that staff of Uniqueco Property Services occasonaly dump abandoned trolleys near SP52948 on the opposite side of Fontenoy Road (video and photo evidence exists to prove it).
Some of evidence of Lot 181 using shopping centre trolley was on 31 August 2020, 10 August 20921, 23 January 2023, and 12 July 2023:
SP52948 Block A Repetitive Intercom Checks Ignoring Lot 158
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:
SP52948-Block-A-foyer-door-repair-and-intercom-check-10Feb2022
On 27 September 2022, the same problem was reported by building manager on notice board and main entrance in Block A foyer is not operational:
SP52948-Block-A-foyer-door-not-operational-27Sep2022
SP52948-Block-A-foyer-door-repair-and-intercom-check-27Sep2022
It is unknown how many other units in the complex might have intercom problems.
SP52948 Office Bearers Do not Exist for Prolonged Periods of Time Giving Absolute Powers to Waratah Strata Management
In accordance with SSMA 2015, Section 41, members of a strata committee must, at the first meeting of the strata committee after they assume office as members, appoint a chairperson, secretary and treasurer of the strata committee.
By best practices, to avoid absolute powers being given to strata managers, committee meeting straight after the Annual General Meeting (to elect office beareres) is highly recommended and practiced in most complexes that do not have corruption or undisclosed conflicts of interest
Since Waratah Strata Management took office with SP52948 on 1 February 2017 (without legally-valid tender), office bearers are elected with significant delays after general meetings and often simply delegated to strata manager:
SP52948-without-office-bearers-between-26Oct2017-and-15Feb2018
SP52948-without-office-bearers-between-18Oct2018-and-21Mar2019
SP52948-without-office-bearers-between-21Oct2019-and-13Feb2020. All nine committee members and the strata manager forgot about their office bearers duties and sent the following agenda for committee meeting on 1 May 2020: SP52948-agenda-for-EC-meeting-with-Motion-to-elect-office-bearers-1May2020. Extract from committee meeting on 7 May 2020, removing the Motion for office bearers: SP52948-without-office-bearers-between-21Oct2019-and-7May2020-and-still-unreported-to-owners-as-of-May2020
SP52948-without-office-bearers-between-22Oct2020-and-11Nov2020
SP52948-without-office-bearers-between-22Oct2021-and-1Dec2021
Attempts to engage office bearers (especially Mrs. Lorna Zelenzuk who failed to pay proper levies for gas heating since 1997, Mr. Moses Levitt who failed to pay proper levies for gas heating since 2001, Mr. Stan Pogorelsky who failed to pay proper levies for gas heating since 1999, and Mrs. Marianna Paltikian who failed to disclose that her Lot 88 had gas heating connection and the previous owner did not pay full levies for gas heating), were ALWAYS ignored by them. Some examples:
SP52948-repeated-complaints-sent-to-committee-member-Thomas-Karolewski-26Apr2018
SP52948-evidence-of-many-attempts-to-reason-with-EC-Secretary-Marianna-Paltikian-25Mar2020
SP52948-Stan-Pogorelsky-stayed-silent-when-approached-with-letter-of-demand-2Oct2020
SP52948-Stan-Pogorelsky-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-10Feb2022
SP52948-Moses-Levitt-stayed-silent-when-approached-with-letter-of-demand-2Oct2020
SP52948-Moses-Levitt-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-10Feb2022
One of rare years when alleged office bearers were elected straight after the Annual General Meeting was 2022:
SP52948-extract-EC-meeting-26Oct2022
For the sake of precision, promise that all owners would get updated version of house rules (that included new process for major renovations) was not sent to owners ort published on Waratah Strata Management website
At AGM 2023, the old practice of not electing office bearers continued. Office beareres were not elected since 26 October 2023 and that status stayed the same as of mid-december 2023
SP52948 Waratah Strata Management repeatedly allows excessive noise and pollution during renovations that were not properly approved at general meetings
SP52948 Kept Uninformed - Secrecy About Lot 1 Mediation
Extract from alleged committee meeting on 28 July 2022 shows that owners are poorly informed about problems with Lot 1 and mediation at Fair Trading NSW are undisclosed to owners:
SP52948-extract-from-EC-meeting-Lot-1-mediation-without-disclosure-to-owners-28Jul2022
The alleged follow-up committee meeting two months later on 29 September 2022 failed to disclose any information about the mediation and status of Lot 1 issues:
SP52948-extract-from-EC-meeting-no-mention-of-Lot-1-mediation-29Sep2022
Extract from agenda for AGM on 10 October 2022 showed continued issue with Lot 1:
Lot 1 and other owners were deliberately not informed by Waratah Strata Management that there are owners who receive special privileges. An example is Lot 157, who in 2014, had significant damage caused by illegal committee member at the time Mr. Stan Pogorelsky (Lot 181) and repairs were secretly covered by common funds instead of owner's private insurance
SP52948-Sydney-Wet-Carpet-Unit-157-carpet-flooding-10Dec2014
Building manager at the time confirmed the repairs:
Challenges With SP52948 Special By-Law 4 - Exclusive Rights to Common Property Given To Lot 3
Special By-Law 4 giving exclusive rights to common property to ex-committee member was hidden from owners by BCS Strata Management (and in 2017 by Waratah Strata Management) and not listed in strata By-Laws for almost 17 years:
SP52948-reminder-sent-to-Waratah-Strata-Management-about-missing-Special-By-Law-4-4May2017
SP52948-Lot-158-response-to-Lot-3-in-regards-to-secret-Special-By-Law-4-17May2017
Lot 158 With Numerous Common Property Issues - Deliberately Ignored By Waratah Strata Management And Uniqueco Property Services
SP52948 - Disappeared Documents Folder on Waratah Strata Management Website in July 2023 and November 2023
Sometime between 4 and 7 July 2023, Waratah Strata Management removed access to Documents folder on their website:
Access to SP52948 Documents folder was unavailable for more than one months, with example of when it reappeared on 15 August 2023:
Sometime around 6 November 2023, Waratah Strata Management website became unfunctional again (client login not available, most of weblinks broken):
Waratah Strata Management Non-compliance with Strata Schemes Management Act 2015 Section 31 (1) (c) at AGM 2023 and Knowingly acted Against the Act at AGM 2017 (Committee Candidates Cannot Self-nominate)
Since 2017, Waratah Strata Management refused to inform owners or prove evidence of compliance with Strata Schemes Management Act 2015 Section 31 (1) (c) which fisallows self-nomination for committee membership:
Waratah Strata Management, for own pesonal interests, actively supported illegal nominations for the committee at AGM 2017:
Waratah Strata Management failed to publish information that committee Chairperson (SP52948 Lot 200, Mr. John Gore) put their property for sale on 26 October 2023 - on day of general meeting, had six proxy votes for the meeting, got elected on the committee, voted to increase levies by 7.91% for other others whilst they did not intend to pay for them. Domain website claimed that Lot 200 sale was known to them since 24 October 2023 (two days before the AGM). Lot 158 collected such evidence.
Six proxy votes for Lot 200 at AGM 2023 without disclosure to owners:
Lot 200 was elected on the committee without ever having plans to serve owners in FY 2024:
Day after the AGM 2023, Lot 200 had notice about open house for sale of their townhouse:
Lot 200 is a townhouse and it was sold prior to auction at price of $1,670,000.00 on 4 November 2023.
Waratah Strata Management declined to respond to inquiries why this false candidacy for committee membership was allowed.
At AGM 2023, not only Chairperson "resigned" due to secret plan to sell property, but also Lot 88 (Mrs. Marianna Paltikian) who acted as Secretary of the committee.
When serious problems occur, commitete members in SP52948 simply leave suddenly:
In 2020, committee member Mr. Moses Levitt resigned on 11 November 2020, just three weeks after AGM on 22 October 2022, without disclosure to NCAT in case SC 20/33352 where he was listed for removal from the committee due to unsatisfactory performance.
In 2016, three committee members resigned within short period of time when numerous problems with management of the complex became apparent:
Mr. Rafael Hirschhorn (Lot 133) at committee meeting on 21 March 2016
Mr. Bruce Copland (Lot 202, long-term Chairperson) on 20 April 2016
Mr. John Ward (Lot 49, long-term Treasurer)
Waratah Strata Management poor reviews on public websites
In a Google review, after one unhappy owner gave them bad rating, Waratah Strata Management made comment, which included this statement: "Please make your own judgment about whether this review is from a sensible, rational person." Likewise, every reader can be the judge and question if the submissions on this website are factual and truthful. Evidence is overwhelming and indisputable.
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-1-20Oct2023
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-2-20Oct2023
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-3-20Oct2023
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-4-20Oct2023
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-5-20Oct2023
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-6-20Oct2023
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-7-20Oct2023
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-8-20Oct2023
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-9-20Oct2023
Google-review-one-star-rating-for-Waratah-Strata-Management-customer-10-and-11-20Oct2023
Customer's poor one-star rating in Google forum about Waratah Strata Management in October 2022
All listed files are part of PUBLIC NCAT case SC 20/33352 and provided to committee members and Waratah Strata Management to share with owners, which they declined.
On ProductReview website, Waratah Strata Management was rated one out of five stars and challenged to refute claims made by a customer - Waratah Strata Management stayed silent:
