Welcome to the blog of NSW strata investigative journalism
From: | SP52948 owner |
---|---|
To: | Robert Crosbie, Heath Crosbie |
Cc: | SUU Insurance, BCB Insurance Brokers |
Cc: | Committee members: Stan Pogorelsky, John Gore, Marianna Paltikian, Genelle Godbee, Ramesh Desai, Kathryn Cutler, Carlos Fornieles Montoya, Andrew Ip, Jeffery Wang |
Subject: | SUMMARY Insurance risks and mismanagement of strata plan SP52948 with high concerns for safety, financial health (bankruptcy risk), and non-compliance with laws on 8Jun2023 |
Date: | 8/6/23, 18:08 |
Good evening,
We were waiting for outcome of alleged committee meeting on 1 June 2023. It came at a perfect time.
Latest efforts to hide financial status, spend money owners do not have, high-cost water-leak related repairs (pending $55,000.00 expense), attempts to install EC charging stations without proper processes and evaluation of risks (and even trying to do it in places that must be inaccessible to children).
Current Admin Fund negative balance is $52,367.24 ($23,489.26 in today's Balance Sheet and pending expenditure for monthly fees for building manager in amount of $28,877.98). Waratah Strata Management continues to mislead and misinform owners about financial status as only this was listed in the minutes:
FINANCIAL REPORT
Resolved that the financial reports for the current
financial year were tabled and discussed.
Did Waratah Strata Management ever use a prudent rule of thumb, on behalf of large strata plan SP52948, to draft the notifications to insurance companies and brokers as explicitly and widely as possible on the following matters? If and when notifiable circumstances have arisen, SP52948 must seek immediate and early advice from the insurance broker, with a view to notifying the insurers.
It would be a criminal offense to use insurance claims for what is a complete lack of duty of care and compliance with the laws. Insurance company must not be used for such claims, as ordinary law-abiding people would indirectly pay the price for these fraudulent claims:
Waratah-Strata-Management-Effects-on-SP52948-Insurance-Premiums.gif
a) Repetitive long-term maintenance problems, and delays in
maintaining common property (including fire safety),
b) Five fraudulent insurance claims,
c) 10-Year Capital Works Fund without proper professional
assessments or approval by owners corporation at any general
meeting,
d) Long-term pattern of poor financial status in Admin
Fund,
e) Long-term inequitable (discriminatory) benefits to
selective owners for their private gas and water usage,
g) Issues with physical safety of occupants, racism, and
discrimination, with documented Police Events.
Frequent failures to maintain common property, high-risk legal
cases, fraudulent insurance claims, and lack of proper enforcement
of by-laws, generate serious problems. And the risks can come in
any form due to failure to disclose problems in the complex.
Supreme Court ruling in Western Australia in May 2022 has proven
many factors can completely derail a house sale, making it
something both buyers and sellers need to be aware of: Supreme
Court of Western Australia - HILLAGARATNAM -v- DOAN [2022] WASC
185 (27 May 2022). The ruling, handed down at the end of May this
year, saw the sale of a $390,000 apartment in Perth disintegrate.
The buyer successfully sued the vendor for breach of contract and
fraudulent misrepresentation of the property after the sellers
signed a contract claiming: “The seller does not know of anything
which will materially affect the buyer’s use or enjoyment of the
strata lot or of the common property comprised in the strata
scheme.”
How dangerous lack of proper maintenance is shown in latest news:
a young owner has been hit with $60.000.00 special levy. Her
entire apartment block in Alexandria has been slapped with a $7.85
million bill – due to waterproofing issues. Special levy has been
issued for $2.2 million for the administration fund and $5.65
million for the capital works fund, according to strata documents
seen by news.com.au.
https://www.news.com.au/finance/real-estate/sydney-nsw/sydney-woman-shellshocked-by-60k-bill-for-alexandria-apartment/news-story/f4cf71585319d8e964a4b275fad3711b
In strata plan SP46733, Waratah Strata Management was involved
in NCAT case recently: DRAGICA (DEE) MARTIC & XIYAN ZOELLNER
v THE OWNERS - STRATA PLAN NO. 46733.
Some of selective examples of risks, as of June 2023, which,
almost surely, insurance broker and insurance company, along
with other relevant organizations, have not been notified by
Waratah Strata Management:
1. Five fraudulent insurance claims for alleged legal
costs, with falsified statements to courts and insurance
companies.
On 4 July 2012, owners corporation had no funds to pay $14,056.90
which was approved by Mr. Paul Banoob for creditor code 69633, so
BCS Strata Management secretly ordered injection of $50,000.00
from an MBL account (several days later, at alleged committee
meeting in Lot 181 unit, who was unfinancial at the time, approved
engagement of Solicitor Adrian Mueller without owners corporation
knowledge - that meeting was later found out to be completely
illegal and to this day agenda and minutes of the meeting do not
exist in strata files)
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.
As of June 2023, insurance company was paid back $15,200.15 (GST
excl), and including FY 2022 total amounts to $16,774.15 (GST
excl), which is well below $19,758.14 (GST excl) AIG paid to
SP52948 for alleged legal costs of Solicitor Adrian Mueller on 25
March 2022, without disclosure to owners and courts. At the same
time, SP52948 collected $20,000.00 from Lot 158 (GST excl).
Evidence now exists, BEYOND REASONABLE DOUBT, that Solicitor
Adrian Mueller forged statements in Statutory Declaration for BCS
Strata Management Peter Bone dated 19 April 2013 in CTTT case SCS
12/32675 and that these emails never existed:
Email from Solicitor Adrian Mueller to Branch Manager Paul Banoob
dated 5 July 2012 at 04:41 pm (listed in Statutory Declaration to
CTTT by strata manager Peter Bone dated 19 April 2013)
Email from Branch Manager Paul Banoob to Strata Manager Garry Webb
dated 5 July 2012 at 04:57 pm (listed in Statutory Declaration to
CTTT by strata manager Peter Bone dated 19 April 2013)
Email to EC members from BCS Strata Management Garry Webb dated 6
July 2012 at 08:32 am (listed in Statutory Declaration to CTTT by
strata manager Peter Bone dated 19 April 2013)
Email to EC members and two staff members at BCS Strata Management
from SP52948 Chairperson Bruce Copland dated 6 July 2012 at 12:48
pm (listed in Statutory Declaration to CTTT by strata manager
Peter Bone dated 19 April 2013)
Email to EC members and two staff members at BCS Strata Management
from SP52948 Chairperson Bruce Copland dated 9 July 2012 at 10:18
pm (listed in Statutory Declaration to CTTT by strata manager
Peter Bone dated 19 April 2013)
Email from Solicitor Adrian Mueller to BCS Strata Management Peter
Bone dated 16 July 2012 at 6:52 pm (listed in Statutory
Declaration to CTTT by strata manager Peter Bone dated 19 April
2013)
Email from BCS Strata Management Peter Bone to Solicitor Adrian
Mueller dated 25 July 2012 at 2:13 pm (listed in Statutory
Declaration to CTTT by strata manager Peter Bone dated 19 April
2013)
Email from BCS Strata Management Debbie Downes to EC members dated
16 April 2013 at 1:52 pm (listed in Statutory Declaration to CTTT
by strata manager Peter Bone dated 19 April 2013)
Evidence exists, BEYOND REASONABLE DOUBT, that Solicitor Adrian
Mueller knowingly presented false statements in Affidavit by BCS
Strata Management Peter Bone dated 31 January 2014 in District
Court case 2013/360456.
Similar applies to Solicitor Adrian Mueller's representation in
two other cases: NCAT SC 20/33352 and Supreme Court CAS006791.
References:
Waratah-Strata-Management-ignored-concerns-about-SP52948-repayments-to-insurance-company-for-legal-costs-of-Solicitor-Adrian-Mueller-Policy-QUSS042715-BCB-Ref-94537-24May2023.html
Lot-158-submission-to-court-strong-case-for-Solicitor-Adrian-Mueller-being-accessory-before-and-after-insurance-fraud-five-times-CTTT-12-32675-and-NCAT-20-33352.pdf
SP52948-questionable-legal-costs-in-FY-2020.pdf
SP52948-Solicitor-Adrian-Mueller-failed-to-comply-with-Tribunal-orders-six-times-whilst-not-authorised-to-represent-owners-corporation-in-period-2012-to-2021.pdf
Submission-to-Supreme-Court-CAS006791_1-Questions-on-Validity-of-Solicitor-Adrian-Mueller-Legal-Cost-Items-NCAT-20-33352.pdf
SP52948-Lot-158-cost-submission-reply-ignored-by-Solicitor-Adrian-Mueller-in-Supreme-Court-27Feb2022.pdf
SP52948-notification-to-Supreme-Court-about-double-claims-for-Solicitor-Adrian-Mueller-alleged-work-22Jun2022.html
WITHOUT PREJUDICE_ Request to stop wasting strata funds on legal expenses that cannot succeed - 18Jun2019.pdf
Brief-evidence-of-Solicitor-Adrian-Mueller-involvement-in-fraudulent-activities-in-CTTT-case-SCS-12_32675.pdf
SP52948-strata-manager-Peter-Bone-Statutory-Declaration-for-CTTT-case-12-32675-fully-prepared-by-Solicitor-Adrian-Mueller-and-signed-on-19Apr2013.pdf
Brief-evidence-of-Solicitor-Adrian-Mueller-involvement-in-fraudulent-activities-in-CTTT-case-SCS-12_50460.pdf
District-Court-case-13-360456-Lot-158-Affidavit-ignored-by-Solicitor-Adrian-Mueller-4Feb2014.pdf
SP52948-scanned-submission-with-Statutory-Declaration-Lot-158-SCS-13-50737-18Dec2013.pdf
SP52948-statutory-declaration-for-NCAT-case-20-33352-which-Waratah-Strata-Management-refused-to-provide-to-owners-Aug2020.pdf
BCS-Strata-Management-direct-involvement-in-falsified-Statutory-Declaration-and-Affidavit-to-CTTT-and-District-Court.html
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.html
SP52948-Examples-of-Police-Waratah-Strata-Management-Solicitor-Adrian-Mueller-secret-and-desperate-attempts-to-find-another-copy-of-lost-USB-key-with-strata-files-from-BCS-Strata-Management-April-to-November-2018.pdf
SP52948-undisclosed-Fair-Trading-NSW-case-9761719-costs-for-Solicitor-Adrian-Mueller-possibly-creeping-up-towards-90000-dollars-without-owners-knowledge-or-approval-and-high-risk-of-strata-complex-running-out-of-money-29Jun2019.html
2. False statement about last Annual General Meeting
(AGM) at Strata Hub nsw.gov.au with risks of penalties for
outdated and wrong information.
It claims that SP52948 had last AGM on 1 January 2022.
Last AGM was held on 27 October 2022, which failed to comply with
strata laws, like all other meetings since 2017.
Penalties of up to $5,500.00 may apply if strata schemes do not
complete their 2022 report by 30 June 2023.
Owners corporation must keep information up to date.
Penalties of up to $2,200.00 may apply if a strata scheme becomes
aware that the reported information is outdated or incorrect and
does not update it on the Strata Hub within 28 days.
Reference:
SP52948-NSW-strata-registration-15May2023-screenshot-taken-on-7Jun2023.png
3. Unauthorized major renovations and legally
non-compliant Extraordinary General Meeting on 27 April 2023,
with risks for work being done by unprofessional companies.
Reference:
SUMMARY-Another-discrimination-of-owners-in-SP52948-Non-compliant-Extraordinary-General-Meeting-on-27Apr2023.pdf
4. All committee meetings since 1 February 2017, when
Waratah Strata Management took office, failed to comply with
strata laws and regulations.
Reference:
SP52948-Waratah-Strata-Management-organised-non-compliant-ordinary-committee-meetings-in-period-2017-to-2023.html
5. Negative trends in Admin Fund, with special emphasis
on period since Waratah Strata Management took office on 1
February 2017.
It is worth stating that on the day of general meeting, 27 October
2022, SP52948 had Admin Fund negative balance of $203,914.85 (it
appears such information was hidden from owners and certainly not
included in the Minutes of the meeting). Waratah Strata Management
and committee members still refuse to inform owners corporation
about it.
For first time in history of strata complex SP52948, thanks to
Waratah Strata Management, Admin Fund had continuous negative
balance in whole two FY quarters (1 November 2022 to 30 April
2023).
References:
SP52948-effects-of-Waratah-Strata-Management-on-Balance-Sheet-from-31Jan2017-to-30Apr2023.pdf
SP52948-negative-trends-with-Admin-Fund-under-Waratah-Strata-Management.html
SP52948-graph-of-Admin-Fund-negative-balances-from-31Jan2017-to-30Apr2023.webp
SP52948-first-time-in-history-Admin-Fund-continuous-negative-balances-for-two-FY-quarters-Apr2023.webp
6. Missing spare panel for entrance gate in basement of
Block B, which already happened once in 2018 and Lot 158 forced
its return to rightful owners. As of May 2023, the spare panel
is missing again. The entrance gate repairs typically cost
between $3,500.00 and now $5.000.00.
References:
SP52948-spare-panel-for-entrance-door-missing-in-basement-Block-B-photo-1-21May2023.webp
SP52948-evidence-of-spare-panel-for-entrance-gate-in-2020-and-2022.png
SP52948-cost-of-repair-entrance-gate-increased-from-3500-to-5000-dollars-since-October-2022-new-notice-21May2023.webp
SP52948-entrance-gate-bottom-panel-suddenly-reappeared-four-months-after-inquiry-9Jan2019.html
7. Information about insurance policy excesses are
kept secret from owners by ex-strata manager BCS Strata
Management and current strata manager Waratah Strata Management.
Since 2012, owners were deliberately not informed about $10,000.00
excess for every water-related damage or exploration work.
References:
SP52948-Examples-of-Repetitive-Water-Leak-Repairs-without-Permanent-Results-in-one-unit-alone-2011-Sep2018.pdf
SP52948-incomplete-insurance-policy-disclosures-to-owners-in-period-2012-to-2023.pdf
SP52948-Agenda-AGM-2022.pdf
8. Highly dubious allegations of ransomware attack
against Waratah Strata Management in 2019, with strong suspicion
of fraud and money laundering.
An alleged ransomware attack against Waratah Strata Management
occurred on 1 February 2019, just a week after Lot 158 submission
to Office of Legal Services Commissioner for Solicitor Adrian
Mueller's misconduct. Sententia report, dated 26 March 2019 stated
(undisclosed by Waratah Strata Management to 218 owners):
Their investigation had limited access to event logs.
Deeper understanding of the exact actions by the treat actor was
not possible due to lack of evidence and an incomplete audit
trail.
Based on incomplete logs, the encryption attack most likely
occurred on 2 February 2019 at 12:08:56 hours.
Threat actor achieved brute-force success with the Administrator
account on server WSMHS1, a malicious toolkit was then used to
create www account on 1 February 2019 at 11:58:53 hours.
Incomplete audit logs from terminal services show the first login
occurred at 23:59 hours on 1 February 2019 and session ended at
03:33 hours on 2 February 2019.
There was no conclusive evidence to suggest any data exfiltration
occurred (simply based on available usage data logs that did not
take into account possibility of using data compression for file
transfers, or selective file transfers of targeted files).
In timeframe from 1 February 2019 up to around 15 and 17 February
2019, Waratah Strata Management was still at high risk, due to
unpatched servers and continuous attacks with brute-force access.
Lack of remediation actions to close all non-essential inbound
ports continued to create risks.
Bitcoin ransom was subsequently paid by a third-party known to
Waratah Strata Management to the threat actor in the equivalent
amount of $5,052.03.
After this payment, there was no response from the threat actor.
The attack allegedly occurred due to misconfigured routers that
allowed RDP protocol.
Sententia did not take into account possibility of data being
transferred through screenshots, which is one of the valid
attacks.
Waratah Strata Management recovered their data via a re-image
procedure (mostly untrue, as per separate admission by Waratah
Strata Management to Fair Trading and owners in emails with
different explanations).
It was recommended to use more secure method of connectivity,
such as MFA VPN.
Sententia report in March 2019 does not report any data losses in
Office 365 or Azure cloud, therefore no record of files being
destroyed by ransomware attack on Microsoft public systems that
Waratah Strata Management uses for SP52948.
Lot 158 obtained official statement by Rockend that they provide
the lookatmystrata.com.au domain as a service. However, Rockend
does not store, hold, access, or release any information related
to that domain. All such information is held, exclusively managed,
and complete responsibility of Waratah Strata Management.
Lot 158 obtained official statement by Microsoft that they had
never been notified about data loss and/or ransomware attack in
Office 365 that keeps emails for waratahstrata.com.au.
Microsoft also stated that had anybody reported loss of emails in
Office 365, Microsoft would have had ability to restore them
within 90 days after the incident. That obviously did not happen
as Microsoft seemingly has no record of such actions.
Microsoft found no trace of any complaint, ticket, or report for
data losses for waratahstrata.com.au in Office 365 during 2019 or
2020.
The only event related to waratahstrata.com.au was ticket in June
2019 (case number 14941752) - problem with sending emails.
Microsoft has not been involved in any investigation of alleged
ransomware attack or data losses that Waratah Strata Management
reported for emails in Office 365.
References:
Sententia-brief-analysis-with-limited-evidence-ransomware-attack-against-Waratah-Strata-Management-undislosed-to-owners-of-strata-plan-SP52948.pdf
SP52948-extracts-from-Waratah-Strata-Management-email-to-Fair-Trading-NSW-admitting-losing-most-of-electronic-files-in-February-2019-due-to-ransomware-attack-17May2019.png
SP52948-Waratah-Strata-Management-statement-about-lost-files-due-to-alleged-ransomware-attack-warning-owner-before-strata-document-search-9May2019.html
SP52948-request-to-disclose-information-submitted-to-Waratah-Strata-Management-if-EC-members-were-notified-about-two-events-for-loss-of-strata-files-in-a-timely-manner-11Aug2019.html
SP52948-Interim-report-sent-to-Waratah-Strata-Management-with-request-to-provide-information-about-alleged-data-breach-at-strata-agency-and-loss-of-strata-files-17Feb2020.html
9. Ongoing fire and OH&S problems. In spite of Ryde
Council orders, such work is being for more than two years, and
these problems have plagued SP52948 since 2012.
At legally non-compliant committee meeting on 1 June 2023, the
following was reported, showing further delays and lack of
ownership of tasks:
FIRE SAFETY REPORT
Resolved that the draft Fire Safety Upgrade Brief prepared
by Austech Consulting Pty Ltd was tabled and discussed as
follows:
• The strata manager is to discuss with Austech what
further work is required for them to be able to complete the
Scope of Works so that the required work can be placed out to
tender.
• Austech are to advise whether there are items that can be
requested that Council remove from the Fire Order.
• Austech are to advise whether the sealing of the
penetrations between floors is part of the scope of works or if
that has been missed from the report.
• Austech are to provide an estimated timeline for the
progress of the works.
• Austech are to confirm that they have been keeping
Council fully informed on the progress of the works.
• That a meeting is to be arranged between Austech and the
strata committee should these issues need to be discussed
further.
References:
SP52948-continuous-delays-with-fire-and-OHS-problems.html
SP52948-updated-concerns-reported-to-Waratah-Strata-Management-Fire-NSW-FRN16_829-BFS20_252-and-Fair-Trading-Files-9363613-and-9761719-persistent-fire-safety-issues-and-lack-of-actions-3Apr2020.html
SP52948-Peter-Bone-BCS-Strata-Management-ignored-report-on-costly-delays-in-rectifying-fire-safety-problems-31Jul2013.html
SP52948-BCS-Strata-Management-ignored-repeated-request-to-prepare-report-on-buildings-and-fire-safety-for-AGM-2013-6Sep2013.html
SP52948-minutes-EC-meeting-1Jun2023.pdf
10. 10-Year Capital Works Fund poorly planned, never approved
by owners corporation at any general meeting, with shortage of
funds in amount of $1,515,541.00 as per committee meeting on 23
September 2021.
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.
References:
SP52948-discrepancies-in-BIV-report-for-10-Capital-Works-Fund-in-2017-and-2021.pdf
SP52948-Lot-158-warning-about-1.5-million-deficit-in-Capital-Works-Fund-1Oct2021.html
SP52948-Lot-158-warning-about-special-levies-looming-in-the-future-ignored-by-BCS-Strata-Management-22Mar2015.html
SP52948-failed-assessment-for-Sinking-and-Capital-Works-Funds-in-period-2001-to-2030-without-approval-at-general-meetings.pdf
SP52948-Leary-and-Partners-Sinking-Fund-Plan-May1998-undisclosed-to-owners.pdf
SP52948-BIV-report-Capital-Works-Fund-6Oct2021.pdf
SP52948-extract-from-agenda-AGM-2022-undisclosed-information-about-financial-issues-and-costs-10Oct2022.webp
11. Ongoing physical threats, racism, discrimination.
SP52948-endangering-life-and-safety-of-owner-to-prevent-their-investigations-about-mismanagement-of-strata-complex.html
12. Inequitable privileges for selective owners.
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.
References:
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-11-00711-27Feb2011.webp
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-11-00711-part-2-27Feb2011.webp
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-12-05845-10Mar2012.webp
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-12-05845-part-2-10Mar2012.webp
SP52948-extract-from-Bruce-Copland-submission-to-CTTT-case-SCS-12-05845-part-3-10Mar2012.webp
SP52948-Lot-217-complaint-to-BCS-Strata-Management-about-seven-years-of-no-knowledge-of-private-water-and-gas-usage-financial-reimbursements-to-selective-townhouse-owners-28Feb2008.webp
SP52948-BCS-Strata-Management-and-committee-members-ignored-report-about-unfair-and-inequitable-water-and-gas-costs-sharing-17Sep2013.html
SP52948-repeatedly-ignored-evidence-of-discrimination-of-owners-by-providing-inequitable-water-and-gas-reimbursements-for-private-use-to-selective-townhouse-owners-25Aug2017.html
SP52948-BCS-Strata-Management-Undisclosed-and-inequitable-gas-and-water-private-usage-cost-reimbursements-for-selective-townhouses-1997-to-2016-public-version.pdf
SP52948-extract-from-Waratah-Strata-Management-agenda-AGM-2021-private-water-usage-reimbursements-for-18-townhouse-owners.pdf
SP52948-Solicitor-Adrian-Mueller-prevented-Motion-and-disallowed-owners-to-vote-on-removing-discriminatory-and-inequitable-Special-By-Law-12-at-AGM-2017.webp
SP52948-Motions-by-Lot-158-in-attempt-to-enforce-equitable-gas-and-water-reimbursements-and-levies-AGM-2020.pdf
SP52948-Waratah-Strata-Management-declined-to-notify-owners-corporation-about-continuous-discrimination-of-owners-incurring-high-costs-without-approval-and-lack-of-proper-care-of-the-complex-26Aug2018.html
13. Smoking continues to be a major issue, not only
increasing risks of fire, but also causing health risks and
nuisance. Waratah Strata management and committee members refuse
to take decisive measures.
Waratah Strata Management was urged to update By-Law on smoking,
to include better technical definition of common property -
prepare a well-drafted by-law so that owners corporation can
comprehensively deal with the issue: the use of all tobacco types,
including cigarettes, pipes and cigars, vaping, debris created by
these practices, and the issue of “smoke-drift”. No response ever
received.
References:
SP52948-notice-about-repetitive-complaints-about-smoking-in-three-buildings-23Mar2023.webp
SP52948-continuous-problems-with-smoking-and-health-hazards.html
SP52948-request-to-ex-committee-member-Maureen-McDonald-to-prevent-her-visitor-from-smoking-30Dec2022.html
SP52948-notice-about-repetitive-complaints-about-smoking-in-three-buildings-5Jun2023.webp
14. Secrecy about Lot 1 legal case.
Extract from alleged committee meeting on 28 July 2022 showed that
owners were poorly informed about problems with Lot 1, and
mediation at Fair Trading NSW was undisclosed to owners.
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-extract-from-EC-meeting-Lot-1-mediation-without-disclosure-to-owners-28Jul2022.webp
SP52948-extract-from-EC-meeting-no-mention-of-Lot-1-mediation-29Sep2022.webp
SP52948-extract-from-agenda-AGM-2022-undisclosed-information-about-Lot-158-and-Lot-1-issues-10Oct2022.webp
SP52948-Sydney-Wet-Carpet-Unit-157-carpet-flooding-10Dec2014BCS9598748.pdf
SP52948-confirmation-by-building-manager-that-carpet-drying-was-paid-from-common-funds-to-Lot-157-23Dec2014.webp
15. Serious pool and spa repairs due to long-term lack of
proper maintenance.
Notice for this meeting had brief information for owners, hiding the fact that concrete cancer was a well-known problem in the past:
SWIMMING POOL AND SPA REPAIRS
ISSUE
The swimming pool has developed several rust spots that need attention.
BACKGROUND
Several years ago, rust spots, commonly known as concrete cancer, appeared on the bottom of
the pool. They are caused by the rusting of the concrete reinforcement rods. They were treated
by digging out the spots and resurfacing.
Now, several years later, one spot has reappeared, and another has developed.
At legally non-compliant meeting on 25 May 2023 (which was never
published on notice boards too), it was allegedly decided (without
general meeting) to approve expenditure in amount of $55,000.00.
No owner saw details of the alleged multiple quotes from four
companies:
POOL & SPA REPAIR
Resolved that quote 100223 supplied by Fibrestyle Pool
Resurfacing be approved for work. Further resolved the
contractor be requested of the following:
• To accommodate scheduling work in second half of July.
• Terms of payment amended and paid on dates either side of
financial year end (to split costs across each reporting
period).
• In consultation with Building Management, include
quotation for textured/non slip surface alongside Gym, Pool and
Spa area.
• Advise on applying non slip surface to top of stairs,
shallow area and spa shelf.
Since 2017, Waratah Strata Management website does not have any
quotes for owners to review.
Waratah Strata Management website lists number of unresolved
repairs, going back to 2017.
References:
SP52948-notice-EC-meeting-22May2023.pdf
SP52948-minutes-EC-meeting-25May2023.pdf
SP52948-waratahstrata-website-Open-and-Closed-Quotes-do-not-exist-6Jun2023.webp
SP52948-waratahstrata.com.au-website-Maintenance-Open-Work-Orders-page-1-6Jun2023.png
SP52948-waratahstrata.com.au-website-Documents-folder-page-1-6Jun2023.png
SP52948-BCS-Strata-Management-hid-professional-building-report-from-owners-Integrated-Consultancy-Group-water-damages-and-external-painting-recommendations-for-concrete-cancer-4Nov2014
16. EV charging station plans without full disclosure to
owners or assessments (costs, user-charging model, insurance
risks, by-law, tax implications, council approval and costs, and
much more).
Waratah Strata Management and committee members completely ignored
NSW requirements and recommendations for EV charging station
adoption which include five step process:
Step 1 - Survey
Step 2 - Enery assessment
Step 3 - Evaluate options
Step 4 - Evaluating payment options
Step 5 - Plan approval processes and identify funding solution
A Current Affair reported that as many as 450 fires has been
linked to the batteries in the past 18 months.
In February 2023, residents of an apartment building in Sydney’s
southwest were forced to evacuate when an e-scooter caught alight.
Combined with EV owners taking care of their battery – that is,
servicing when required, following manufacturer-recommended
charging habits (typically charging up to 80 per cent only and not
discharging too deep), and mainly AC slow charging (avoiding
frequent DC fast charging) – there’s a reduced likelihood of
things going awry, not to mention maintaining a healthier battery.
When the integrity of lithium-ion batteries is compromised, the
energy they store is released as heat, known as 'thermal runaway'.
Electric scooter charging stations should be located in a clean
and dry place within the strata complex, meeting the relevant
Australian standards. Owners corporation should ensure there is
appropriate fire protection in place including intervention and
suppression resources nearby (e.g., hydrants, hose reels,
extinguishers, ventilation, and sprinklers). Chargers should be
located away from proximate fuel loads and other flammable
liquids.
The charging stations should also be accessible to Emergency
Services in the event of a fire, which means they may need to be
installed on common property. The charging stations should also be
inaccessible to children. For added protection, one should
consider:
Fire detection and early warning intercommunication systems
Smoke management and air handling systems
Fire resistance of proximate construction
Clarify who is responsible for maintaining them
In local council areas in NSW where the apartment building is in a
leviable area (e.g. there are parking meters outside the apartment
building on the street), then if the Owners Corporation wants to
convert an existing visitor car space inside the building to an EV
charging space, then this is classified as a "change of use" of
that car parking space. After the Owners Corporation goes through
an approval process with the local council to get the use of the
car parking space changed, then this will trigger an ongoing NSW
land tax which has to be paid by the Owners Corporation from that
point on.
If complex has an existing embedded network, owners may be
required to seek approval of the Embedded Network Manager (ENM) or
energy retailer, where this party maintains ownership of the
electricity meters in your strata building under a multi-year
contract.
Any EV Charging infrastructure project which costs more than
$5,000 will require a signed contract. Furthermore, in states such
as NSW where there is a Home Building Insurance scheme, ANY works
in the building which are over $20,000 will require the EV
charging installer to take out insurance under this scheme. When
one Sydney based strata scheme inquired with their strata
insurance company about any adjustments which had to be made, they
were informed that an automated foam retardant system needed to be
installed above every car space where an EV might be charging, in
case the electric vehicle catches on fire while charging. Another
Sydney based strata building was told that they couldn't get
insurance if they did a whole-of-building EV charging
infrastructure. Another Sydney building was able to get insurance
as long as the number of EV's per floor of car park did not exceed
4 EV's. Some other requirements dictated by some insurers are
that any EV charging should be in an area which is well-lit, does
not have children in it, must have the car space painted and an
EV charging sign erected, shouldn't have more than 4 electric
vehicles charging adjacent to each other and is preferably in a
separate room/area and on top of a plinth. It would be recommended
to shop around for a different strata insurer to find one which
has more reasonable requirements if you encounter this with your
existing strata insurer.
DNSP or grid provider will need to provide approval for any
increase of capacity from the local sub-station servicing the
building.
At legally non-compliant committee meeting on 1 June 2023, the
following was reported:
EV CHARGING
Resolved that proposals received from electric vehicle
charging installers were tabled and discussed as follows:
• It is proposed that 2 EV charging stations be installed,
one in a visitor parking space and one next to the bike storage
area.
• It is likely that a 3rd charging station can be installed
next to the current visitor parking space at a later date if
demand requires.
• The quote provided by EVSE has been accepted in
principle.
• The strata manager is to obtain fee proposals from 2
solicitors to prepare a suitable By-Law. A further
voting-paper-only committee meeting will be held to accept one
of the solicitors fee proposals.
• Once the By-Law is received a general meeting will be
required to allow the Owners Corporation to consider/approve the
By-Law and then to confirm the acceptance of an installation
quote.
References:
SP52948-minutes-EC-meeting-1Jun2023.pdf
https://www.energy.nsw.gov.au/business-and-industry/programs-grants-and-schemes/electric-vehicles/electric-vehicle-ready/strata
https://www.news.com.au/technology/sydney-family-trapped-on-balcony-rescued-after-fire/news-story/a3f7f47cbbce98061509c7f81e07e591
17. Roof membranes on four buildings need overdue maintenance,
where Kintyre decreased warranties for half of roof in Block B
and whole roof in Block D to five years instead on standard 15
years due to long-term lack of maintenance.
Planning for maintenance of roofs is allegedly delayed until year
2023 in 10-Year Capital Works Fund Plan in March 2017 without
consultation with owners corporation. Waratah Strata Management
and EC members, without consultation with owners corporation
allegedly approved the 10-Year Capital Works Fund plan in March
2017, which, among the other concerns, delayed maintenance of
roofs until year 2023 (directly discriminating against owners in
Block A and C, because half of Block B and whole Block D were
completed in 2015/2016).
The most revealing figures are related to when to rectify roof
problems (major issue in the complex):
In BIV’s plan in March 2017, it was recommended to complete the
work in August 2023 at estimated cost of $571,275.00.
In BIV’s plan in October 2021, it was recommended to delay the work to September 2031 at estimated cost of $900,722.00.
Kintyre completed patchy roof membrane repairs without tender,
warranties, and without approval by owners corporation at any
meeting at cost of $28,892.00 in March 2012, and Napier &
Blakely report in July 2012 clearly dismissed it as improperly
done job.
Since July 2012, full repairs of roof membrane on Block A, as
listed in Napier & Blakeley's professional report at cost of
$12,144.00, were listed as important maintenance task that has not
been completed yet.
That makes Block A roof not properly maintained for almost 22
years now, which is against professional recommendations to do it
around every 10 years.
Half of Block B and whole Block D received full root membrane
replacement in 2015/2016 without tender that was "won" by Kintyre:
$7,785.00 Block D: roof membrane - fourth part
$25,000.00 Block D: roof membrane - third part
$32,786.00 Block D: roof membrane - second part
$43,714.00 Block D: roof membrane - first part
$35,613.60 Block B: roof membrane - second part
$23,742.40 Block B: roof membrane - first part
Waterproofing one whole roof in Block D cost SP52948 around
$107,000.00 (GST inclusive). One a half roofs were done at cost of
around $170.000,00.
Waratah Strata Management and maintenance staff were contacted to
submit this information to owners multiple times since 2018, which
they declined.
Due to long-term neglect of roofs, Kintyre decreased warranties
for roof membranes on half of Block B and whole Block D to only
five years (down from originally expected 15 years).
In period from AGM in October 2016 to February 2017 the complex
was dysfunctional because it did not have Secretary, Treasurer,
and Chairperson elected from the Executive Committee members.
Waratah Strata Management, by alleged contractual obligations,
took all those roles.
At least 24 repairs for water-related issues in Lot 191 were
completed in period September 2011 to January 2019, of which six
were reported in lift of Block A since Waratah Strata Management
took office on 1 February 2017. The cost estimate (strata managers
hide information for few of the events) is above $20,000.00 from
owners corporation funds.
Number of water leaks on the roof of Block A and other lots on top
floor of Block A( 189 and 190 as examples). The costs for
repetitive repairs without proper warranties also goes in
thousands.
It increased our insurance risk, which was evident from 2012.
One of the claims for water damage was for Lot 188 in amount of
$1,294.55 on 25 July 2011.
Warning by NCS Plumbing about major work required in Lots 189,
190, 191, and 192 on 24 February 2016 which maintenance staff, BCS
Strata Management, and Waratah Strata Management deliberately
withheld from owners.
Reference:
18. Lack of evidence of licensed security guards.
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.
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.
References:
SP52948-Repeated-request-security-guard-expired-license-22Sep2019.html
SP52948-petition-about-only-licensed-security-guards-to-be-employed-committee-meeting-10Jan2001.webp
19. Many more risks and proofs of mismanagement of the
complex.
References:
SP52948-extract-from-secret-Napier-Blakeley-professional-building-report-Jul2012.gif
SP52948-basement-under-four-buildings-concrete-cancer-due-to-water-leaks-unresolved-since-2013.webp
SP52948-Block-B-basement-concrete-cancer-due-to-water-leaks-unresolved-since-2013.webp
SP52948-roof-status-1Mar2017.gif
SP52948-basement-louvres-neglected-since-2016.gif
SP52948-garden-bed-walls-with-risks-to-children-playing-every-day-neglected-since-2013.gif
SP52948-Block-A-basement-rusted-fire-door-since-2013.gif
SP52948-Block-D-basement-rusted-fire-door-since-2013-part-2.gif
SP52948-experiences-with-Waratah-Strata-Management-from-customer-perspective.html
Regards,