Investigative Journalism and Learning Hub - SP52948 Committee Members Ignored Request to Assist NCAT in Case SC 20/33352 on 9 February 2021

Good afternoon,

We are two days away from NCAT Hearing. Every attempt to reason with alleged representatives (emphasis is on FINANCIAL OWNERS) of SP52948 were rejected.

Apart from official requests that are well defined and backed up by evidence, it is obvious that NCAT will also be asked to consider compulsory strata manager, as they can make such decision without formal request by any party. One of irrefutable legal cases (we have more) in favor of replacing current strata manager is:

Hoare and Ors v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45

200 In respect of s 237 (3) (a) of the SSMA 2015, the Appeal Panel of the Tribunal stated in Bischoff v Sahade [2015] NSWCATAP 135 (‘Bischoff’) at [22]:

Circumstances in which the management structure may not be functioning or functioning satisfactorily include where the relevant level of management:

(1) does not perform a required function, for example to properly maintain the common property;

(2) exercises a power or makes a decision for an improper purpose, for example conferring a benefit upon a particular Lot owner or group of Lot owners in a manner not authorised by the SSMA;

(3) fails to exercise a power or make a decision to prevent a contravention by Lot owners and occupiers of their obligations under the SSMA, including the Lot owners and occupiers obligation to comply with the by-laws; and

(4) raises levies and takes or defends legal action on behalf of the owners corporation in circumstances where such action is unnecessary or not in the interests of the owners Corporation or the Lot owners as a whole 

Of course, if Solicitor Adrian Mueller (or his representative) attempts to show up at the Hearing, his immediate dismissal will be requested as the first point of "discussion" and referal to Police and Office of Legal Services Commissioner suggested.

Regards,

Letter of demand to Pica Group managers (parent company of BCS Strata Management) on 2 October 2020
Letter of demand to Mr. Stan Pogorelsky (ex-EC Chairperson and current EC member, who is alleged to be unfinancial due to unpaid full levies since 1999) on 2 October 2020
Letter of demand to Mr. Moses Levitt (current EC member, who is alleged to be unfinancial due to unpaid full levies since 2001) on 2 October 2020
Letter of demand to Mr. Jeffery Wang (current EC member) on 2 October 2020
Letter of demand to Mrs. Maureen McDonald (long-term ex-EC member) on 2 October 2020
Letter of demand to Mr. Robert Crosbie at Waratah Strata Management on 2 October 2020
Letter of demand to Mr. Upali Aranwela (long-term ex-EC Treasurer, who is alleged to be unfinancial due to unpaid full levies since 1999) on 3 October 2020
Letter of demand to Mrs. Lorna Zelenzuk (ex-EC Chairperson and EC member, who is alleged to be unfinancial due to unpaid full levies since 1999) on 3 October 2020
Letter of demand to Mr. Peter Friede who is alleged to be unfinancial due to unpaid full levies on 3 October 2020
Letter of demand to Ms. Joanne Hessink (ex-EC member) on 3 October 2020
Letter of demand to Mr. Robert Lev who is alleged to be unfinancial due to unpaid full levies on 3 October 2020
Letter of demand to Mr. Peter Yeend who is alleged to be unfinancial due to unpaid full levies on 3 October 2020
Letter of demand to Mr. Thomas Karolewski (ex-Treasurer and current EC member) on 3 October 2020
Letter of demand to Mrs. Genelle Godbee (current EC member) on 3 October 2020
Letter of demand to Mr. John Gore (current EC member) on 4 October 2020
Letter of demand to Mr. Francis Tso Yuan Chow who is alleged to be unfinancial due to unpaid full levies on 4 October 2020
Letter of demand to Mr. Stuart Greene at Waratah Strata Management on 5 October 2020
Letter of demand to Mr. John Ward (ex-EC Treasurer and EC member) on 6 October 2020
Letter of demand to Ex-Chairperson Mr. Bruce Copland on 6 October 2020
Letter of demand to Mrs. Marianna Paltikian (current EC Secretary) who is alleged to be unfinancial due to unpaid full levies on 8 October 2020
Repeated letter of demand to Pica Group managers (parent company of BCS Strata Management) on 2 November 2020
Repeated letter of demand to Pica Group CustomerCare as per their public assurances to offer assistance on ProductReview website on 20 December 2020
Final letter of demand to Pica Group CustomerCare as per their public assurances to offer assistance on ProductReview website on 13 January 2021
Letter of demand to Solicitor Adrian Mueller one day before AGM 2020 on 21 October 2020