Investigative Journalism and Learning Hub - Waratah Strata Management ignored SP52948 Lot 158 valid membership on the committee on 19 March 2019

From:	SP52948 owner
To:	Robert Crosbie Waratah Strata Management
Subject:	Lot 158 accepts membership on SP52948 committee on 19Mar2019
Date:	19/3/19, 11:58 am

Hi,

Based on evidence of unpaid full levies (including 10% simple interest per year) for second gas connection, two current member of the committee could not have been and cannot be valid.

Quorum at AGM 2016, 2017, and 2018 was not satisfied.

Lot 158 Motions that were excluded without any reasonable explanation or merits were determined by legal advice to be solely decision by the EC on 1 March 2019 (as per attachment).

The alleged loss of files and their manual recovery as per Waratah's email on 1 March 2019 and the fact that access to Waratah web site is not operational for days is a worrying sign.

Today (19 March 2019), notice board displayed agenda for the Executive Committee meeting scheduled for 21 March 2019 (that is just one day notice because the day of the meeting must be excluded). It fails to satisfy SSMA 2915 in these regards:

Lack of detailed agenda.

Each member of the strata committee, and every lot owner, need to be notified of an intended strata committee meeting at least 3 days before the meeting is due to be held.

In a large strata scheme (more than 100 lots), the Secretary or meeting organiser needs to put the notice of the meeting on the noticeboard and deliver it to each owner.

In describing any notice period for meetings, the legislation does not describe the nature of the ‘days’ notice – whether they be business days, calendar days etc. In the absence of such specification, the Interpretations Act 1987 (Section 36) requires that the period of time shall be reckoned so as to be exclusive of the day of the ‘event’ - the meeting. Section 76 of this same Act also declares that a letter sent through the post is deemed to have been delivered on the fourth working day after it was posted.

Yet again, Lot 158 did not receive a letter with the notice of the meeting, and if it arrives later today, it is too late.

Lot 158 would be happy to be corrected if these statements need an update (with FULL proofs from the SP52948 accounting).

In absence of other competing interests for the membership, Lot 158 accepts to be a member of the committee.

I remind owners about unpaid levies for gas heating, which include a group of Executive Committee members.

As an example, a group of 11 owners (they are not the only ones owing money to SP52948) is proven to own around $40,000.00 in unpaid levies for gas connection (including compulsory 10% simple interest per year). There are a few more owners who I do not provide details herewith because their debt is smaller. Figures for 2017 and 2018 not included but it has been confirmed back-payments were not done so these figures are even larger in 2019:

        Lot 3 undeclared unpaid levies $6,991.50 for second gas connections – 1999 to 2016
        Lot 62 undeclared unpaid levies $5,572.50 for second gas connections – 1999 to 2016 (ex Treasurer)
        Lot 68 undeclared unpaid levies $973.50 for second gas connections – 2012 to 2016
        Lot 102 undeclared unpaid levies $4,015.00 for second gas connections – 2003 to 2016
        Lot 147 undeclared unpaid levies $4,746.50 for second gas connections – 2001 to 2016 (long-term EC member)
        Lot 167 undeclared unpaid levies $973.50 for second gas connections – 2012 to 2016
        Lot 175 undeclared unpaid levies $4,317.50 for second gas connections – 2003 to 2016
        Lot 181 undeclared unpaid levies $5,644.00 for second gas connections – 1999 to 2016 (long-term EC Member and occasional Chairperson)
        Lot 182 undeclared unpaid levies $2,156.00 for second gas connections – 2009 to 2016
        Lot 192 undeclared unpaid levies $2,475.00 for second gas connections – 2007 to 2016 (part of debt belongs to previous EC member)
        Lot 148 undeclared unpaid levies $2,475.00 for second gas connections – 2007 to 2016

Lot 158 is making every possible effort to avoid financial losses to SP52948, but it seems the EC is trying exactly the opposite. These emails are designed to prove who really wants free mediation and avoidance of litigation (unless forced).

Regards,