Investigative Journalism and Learning Hub - Fair Trading NSW Ignored Inquiry in Case 9761719 on 28 April 2020

These are extracts from screenshots of emails between strata manager and Fair Trading NSW in 2019, where they confirm they would NOT allow access to Strata Roll and files. Where in, SSMA 2015 and other legal terms, that is not serious breach of duties.

They also confirm they did not allow valid Motions to be considered at AGM in 2017, 2018 and recently 2019.

The emails also plead with Fair Trading NSW saying "Mr [name withheld] is now wasting Fair Trading's time and resources". Similar letter they sent to Police!

Just  in 2019 and 2020, four attempts were made to reason with strata manager that Lot 158 is legal member of the committee.

It is difficult to accept Fair Trading judgement that "no issues were found", especially since the letter is very concise and does not itemize the responses for issues. In business and professional world, when one responds to serious complaints, it is rightfully expected to go through each allegation and state why it was dismissed or accepted.

In short, strata manager is ILLEGALLY elected to be strata agency for SP52948 for three years.

Dear Ms. [name withheld]

Thank you for the update.

Very interesting and short outcome. And the timing is very interesting because SP52948 was requested just last Friday to provide access to strata files.

Some basic questions based on the statements in your letter (there are many more):

Quote

Your concerns were brought to the attention of Mr Robert Crosbie, Licensee in Charge, who has provided NSW Fair Trading with a written response refuting your allegations of mismanagement and allegations of contraventions of several pieces of legislation.

A Senior officer of NSW Fair Trading has examined strata records of SP 52948 in relation to the issues raised in your correspondence particularly as they relate to the legislative requirements of the Property, Stock and Business Agents Act 2002 and the Strata Schemes Management Act 2015 and associated regulation.

1. How could NSW Fair Trading have examined strata records of SP 52948 when lot of them are missing due to two data losses which strata manager openly confirmed (one because Police allegedly lost USB with strata files and the other one allegedly due to ransomware attack)? The missing files include invoice, emails, cheque book transactions, and so on. In fact, strata manager presented different versions of data losses to different parties.

2. On what basis could NSW Fair Trading have concluded that last three general meetings (2017, 2018, and 2019) were conducted in accordance with SSMA 2015 and SSMR 2016 and satisfied quorums?

3. On what basis could NSW Fair Trading have concluded that ANY meeting in 2019 and 2020 satisfied Interpretation Act 1987 when evidence is undisputed that it was not the case?

3. On what basis could NSW Fair Trading have concluded that strata manager enforced compliance with SP52948 By-Laws, including rightful generating income from levies for second gas connections?

4. On what basis could NSW Fair Trading have concluded that financial audit before AGM 2017 exists when strata manager could not provide it?

5. On what basis could NSW Fair Trading have concluded that we, from Lot 158, have not been a valid member of the EC for the last three years because strata manager allowed UNFINANCIAL owners to vote and be in the committee? Further more, the two crucial members of the EC directly approved several increases of the contract value for strata manager without owners corporation approval or knowledge.

Regards,

On 28/4/20 11:41 am, CBP@customerservice.nsw.gov.au wrote:

Dear Mr [name withheld]

Please find the attached correspondence from NSW Fair Trading in finalisation of your complaint regarding the business practices of strata manager.

Yours sincerely

Senior Inspector

Consumer, Building and Property

NSW Fair Trading | Department of Customer Service