Investigative Journalism and Learning Hub - Waratah Strata Management ignored final warning about SP52948 providing illegal smoking facility behind fire door 2 in Block A on 9 May 2019

From:	SP52948 owner
To:	Robert Crosbie Waratah Strata Management
Subject:	FINAL WARNING FOR IMMEDIATE ACTION: SP52948 providing illegal smoking facility behind fire door 2 in Block A on 9May2019
Date:	9/5/19, 6:10 pm

Hi,

For public records of SP52948. This is the final notice and personal reply by the Secretary of the Executive Committee is expected immediately.

Smoking behind Fire Door 2 in the basement (below Block A) continued unabated. The only difference is that the notorious smoker now collects most of cigarette butts and does not leave the ashtray.

However, some cigarette butts are nicely hidden in a place where short people cannot see it (this is almost becoming amusing if it were not so serious).

Waratah Strata Management failed to ensure compliance with NSW strata acts, SP52948 by-laws, and OH&S regulations in regards to smoking, by silently providing facility for smoking behind fire door 2 in Block A. By doing so, they created:

• Deliberate nuisance to owners, especially in Block A,
• Smoking facility which is not approved by owners corporation at any legally-convened meeting,
• Discrimination against owners in Block A as such smoking facility is not setup in other building blocks in the complex,
• Serious health hazard for fragile owner of Lot 158 due to smoke drift into two bedrooms and the balcony,
• Second-hand smoke - harmful to health, and there is no safe level of exposure (Cancer Council NSW),
• Issue by failing to inform owners corporation,
• Issue by not sending non-compliance notice to the owner in question,
  
• Damage to furniture and cloths in Lot 158 due to persistent cigarette smell,
• Regular obstruction of fire door 2 in Block A,
• Poor disposal of cigarette butts (cleaning in the complex),
• Problems by not ensuring that emergency exits are adequate at all times,
• Sp52948 failed to comply with EC decision on 12 April 2018,
• Security risk at night since fire door 2 is actively used for smoking but not monitored for access,
• Noise because a notorious smoker constantly uses mobile phone.
  

Various evidence collected just this week evidence shows that the person in question still uses the facility every day and with the quet consent of the building manager staff.

Lot 158 will not provide the evidence from this week and other avenues will be used to resolve it.

In summary, these reports from Lot 158 about illegal smoking were not responded to by the Secretary of the Executive Committee as per SSMA 2015 Section 43(f):

REQUEST FOR IMMEDIATE ACTION: SP52948 providing illegal smoking facility behind fire door 2 in Block A on 20Dec2018

Re: REQUEST FOR IMMEDIATE ACTION: SP52948 providing illegal smoking facility behind fire door 2 in Block A on 19 Mar2019

Regards,

Hi,

It is noted that no response was received from Waratah Strata Management at any time, whilst continuing to
facilitate illegal smoking in the complex, direct discrimination against Lot 158 and causing health risks, disregard for fire safety regulations due to continuous use of fire door 2, and more.

It is also noted that Waratah Strata Management acts as strata manger, Secretary, Treasurer, and Chairperson for SP52948 because office bearers
do not exist since AGM 2018 (which failed to satisfy quorum, like AGM 2017).

The evidence is compelling.

Thank you and regards,

Hi,

This is an email in compliance with Motion 19 at Annual General Meeting 2018 (strata affairs directly affecting Lot 158).

Waratah Strata Management failed to ensure compliance with NSW strata acts, SP52948 by-laws, and OH&S regulations in regards to smoking, by silently providing facility for smoking behind fire door 2 in Block A.

By doing so, they created:

• Deliberate nuisance to owners, especially in Block A,
  
• Smoking facility which is not approved by owners corporation at any legally-convened meeting,
  
• Discrimination against owners in Block A as such smoking facility is not setup in other building block in the complex,
  
• Serious health hazard for fragile owner of Lot 158 due to smoke drift into two bedrooms and the balcony,
  
• Secondhand smoke - harmful to health, and there is no safe level of exposure (Cancer Council NSW),
  
• Damage to furniture and cloths in Lot 158 due to persistent cigarette smell,
  
• Regular obstruction of fire door 2 in Block A,
  
• Poor disposal of cigarette butts,
  
• Problems by not ensuring that emergency exits are adequate at all times,
  
• SP52948 failed to comply with EC decision on 12 April 2018,
• Security risk at night since fire door 2 is actively used for smoking but not monitored for access.

Patient attempts to reason with Waratah Strata Management failed. On 26 October 2016, two staff members of staff told me the following when questioned about smoking near Block A:

1. They were "not paid enough" to provide better services!?
2. They did not know what to do about smoking although they had full knowledge of the non-compliance with the strata by-laws.
   

The following immediate actions are requested, without any delays:

a) Written response by Australia Post to Lot 158 who, and at which SSMA 2015 legally convened EC meeting, approved smoking in basement and behind fire door 2 in Block A?

b) Written response by Australia Post to Lot 158 why Waratah Strata Management continue to support smoking near Block A?

c) Written response by Australia Post to Lot 158 when were owners and tenants publicly notified about smoking facility in basement and near fire door 2 in Block A?

d) Removal of ashtray behind fire door 2 in Block A and permanent prevention of that area, the basement, and near the buildings and townhouses to be used for smoking.

e) More appropriate signs about smoking to be put on all fire doors and other locations within the complex,

f) Compulsory signs about penalties for abuse of fire exits to be installed,

g) Notice about smoking problem to be documented at the next EC meeting, including reasons for Lot 158 repetitive complaints.

Regards,