| From: |
SP52948 owner |
| To: |
undisclosed@janecrittendenlawyer.com.au |
| Subject: |
CONFIDENTIAL AND PRIVATE INQUIRY: Scope of Crittenden Lawyers involvement in SP52948 By-Laws review and secret registration of Consolidated By-Laws on 30 October 2017 |
| Date: |
21/7/18, 3:46 pm |
To whom it may concern,
I took the liberty of contacting you directly in good faith because
all attempts to reason with EC members and Waratah Strata Management
were fruitless.
As an owner in the complex whose funds are seemingly used for paying
for your services, I have right and duty to verify the quality of
services provided.
Through this email I request that this correspondence and attached
files must not be shared with SP52948 yet, especially, Waratah
Strata Management.
I trust we can work on this with full respect of each other, to
enforce equal rights of all SP52948 owners, and in compliance with
the strata and other applicable laws.
Action
Part of larger investigation into mismanagement of strata plan
SP52948 includes the By-Laws that provide inequitable and unfair
benefits to selective owners.
Name Crittenden Lawyers came up in number of public documents for
owners in the complex (see attachments).
Impact
Members of the Executive Committee and Waratah Strata Management
claim that your company was involved in By-Laws review since April
2017.
Based on limited access to strata files, it appears that Crittenden
lawyers were involved in:
- Preventing owner’s Motions from appearing on the agenda for
Annual General Meeting 2017 without valid grounds,
- Causing ongoing expenses to owners corporation for alleged
involvement in review of By-Laws,
- Secret registration of Consolidated By-Laws on 30 October
2017, without disclosure to owners corporation, with suspected
possibility that selective townhouse owners continued to receive
reimbursements for private water and gas usage without approval
of Special By-Law 13 at AGM 2017 (including one member of the
executive committee).
a) This is the second time SP52948 is engaged in illegal
registration of the By-Laws and hiding them from owners and
investors.
For the first case (Special By-Law 4 that gave exclusive rights to
common property to ex-Chairperson of the Executive Committee (Lot
3) and failed to include it in the listing of By-Laws for 17
years), refer to submission to LPI NSW dated 16 March 2015.
b) On 23 November 2017, I requested access to latest SP52948
By-Laws. Waratah Strata Management sent a letter dated 8 December
2017, with photocopy of By-Laws that were NOT VALID on the date of
the letter (attachment
SP52948-Alleged-By-Laws-sent-by-Waratah-Strata-Management-8Dec2017.pdf).
c) It turns out that Mr. Robert Crosbie registered SP52948
Consolidated By-Laws on 30 October 2017, without disclosure to
owners in any correspondence since that date and failed to
disclose it to Lot 158, in spite of legal obligation to provide it
since 23 November 2017.
d) Screenshot of Waratah Strata website on 26 April 2018 confirms
that owners were not updated about the By-Laws.
e) The Consolidated By-Laws contain several errors:
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.
Page 9 of the Minutes of the AGM 2017 (attachment
SP52948-Special-By-Law-13-not-approved-24Oct2017.webp) confirms it:
Note: Proposed Special By-Law 13 was not approved in its
current form. The strata committee is to
review the charges being incurred for water and gas
supply by the townhouse and unit owners and
amend the by-law to ensure it is equitable.
The response from Mr. Robert Crosbie from Waratah Strata Management
on 21 June 2018 confirms lack of compliance with strata laws, and he
does not even want to acknowledge that he had already registered
Consolidated By-Laws on 30 October 2017:
Desired Outcome
Would Crittenden Lawyers please answer these simple questions:
1. Have Crittenden Lawyers been continuously involved in review of
SP52948 since April 2017?
2. Have Crittenden Lawyers been involved in prevention Lot 158
Motions from AGM 2017?
3. Have Crittenden Lawyers been involved in secret registration of
Consolidated By-Laws for SP52948 in any form, including advisory
role?
4. Have Crittenden Lawyers been aware of Special By-Law 13 in secret
Consolidated By-Laws, in spite of owners corporation decision not to
approve it at AGM 2017?
5. What is the total amount of money paid by SP52948 for Crittenden
Lawyers' services so far?
Regards,
SP52948-Crittenden-secret-correspondence-June21017-14.pdf
SP52948-Crittenden-secret-correspondence-June21017-15.pdf
SP52948-Crittenden-secret-correspondence-June21017-16.pdf
Crittenden-review-of-work-for-SP52948-July2018.pdf
SP52948-Alleged-By-Laws-sent-by-Waratah-Strata-Management-8Dec2017.pdf
Waratah-Strata-Management-sent-false-copy-of-SP52948-By-Laws-8Dec2017.webp
SP52948-Robert-Crosbie-registered-By-Laws-without-disclosure-to-owners-30Oct2017.webp
SP52948-waratahstrata-no-updates-of-By-Laws-more-than-six-months-after-AGM-2017-snapshot-taken-26Apr2018.PNG