Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Committee members: Stan Pogorelsky, John Gore, Genelle Godbee, Ramesh Desai, Kathryn Cutler, Carlos Fornieles Montoya, Andrew Ip, Jeffery Wang |
| Subject: | SP52948 LOT 158 SUCCESSFUL INVESTIGATIONS - NSW Fair Trading found Waratah Strata Management guilty for failures to provide copy of audit reports |
| Date: | 18/10/23, 21:19 |
Good evening,
On 9 October 2023, Waratah Strata Management and all committee members received Lot 158 request to postpone AGM 2023 and include Lot 158 Motions. That was silently ignored.
Things are now much more serious.
a) On 17 October 2023, NSW Fair Trading (case 11138875) reached decision that Waratah Strata Management failed in its duties for financial audits:
Based on the information provided, Fair Trading identified
that the Agency failed to provide a copy of audit reports to
the owners corporation as required under Schedule 1, Clause 9
of the Strata
Schemes Management Act 2015 (Act). Fair Trading has taken
appropriate compliance action in accordance with our policies
and procedures.
If the owners corporation is dissatisfied with the
performance of the strata managing agent, the owners
corporation may consider convening a general meeting to
terminate the management agreement. If considering this
option, the owners corporation should carefully review the
agreement for termination conditions.
Lot 158 now demands that the following actions follow immediately:
1. All owners receive NSW Fair Trading decisions via email and post (where applicable).
2. NSW Fair Trading decisions are published on Waratah Strata Management website.
3. NSW Fair Trading decisions are published on all six notice boards.
b) As of today, negative balance in Admin Fund reached $272,482.76. That is the highest negative balance ever reached for SP52948. Owners still have to pay monthly salary (for October 2023) for building manager Uniqueco Property Services before next collection of levies on 1 November 2023.
It is almost guaranteed that negative balance in Admin Fund will go above $300,000.00 by the end of October 2023.
c) Lot 158 prepared full document not only refuting false statements and errors in agenda for AGM 2023, but also documented reasons why EVERY owner will have to vote against Motions as presented by Waratah Strata Management and committee members.
Two days before the AGM, Waratah Strata Management MUST, in accordance with Strata Schemes Management Act 2015 (NSW), Sch1, Part 10(1), provide Lot 158 copies of administrative fund, the capital works fund and any other fund of the owners corporation (term deposits are one example). Waratah Strata Management and committee members received this official request titled "UPDATED EVIDENCE PART 3 - NSW Fair Trading - Reference Number 11138875" on 7 October 2023.
Of special interest will be evidence of how Waratah Strata Management paid invoices from Admin Fund which had negative balance almost 100% of the time during FY 2023. If the money was borrowed from Capital Works Fund, Waratah Strata Management must have complied with Strata Schemes Management Act 2015 Section 76.
That will be sent to Waratah Strata Management and committee members one day before the meeting (if it goes ahead on 26 October 2023, which we strongly advise not to ahead with). That will give strata manager and committee members time to prepare answers to Lot 158 questions.
d) Now that we achieved fist level of success at NSW Fair Trading against Waratah Strata Management, much more serious actions will follow.
Regards,
Good morning,
Thank you for your update. Your actions were predictable and expected.
As agenda for AGM 2023 is full or errors and non-compliant with SSMA 2015, we predict that you will either have to delay it (and include updated Motions from Lot 158), or take personal responsibility for causing unnecessary expenses and legal risks to owners corporation.
Please accept update Motions from Lot 158 and include it in the next AGM or EGM.
It would be prudent to send urgent updates about delayed AGM
2023 until proper paperwork is collected and shared with all
owners.
Regards,
We have reviewed your proposed motions and have not included them on the agenda. Your proposed motions are excessive, difficult to decipher and do not identify clear proposed actions or they exceed 300 explanatory words. You have submitted multiple items in the past that the owners corporation has defeated and/or obtained legal advice to review before including to the agenda. There is not enough time obtain legal advice to repeat this exercise. Historical legal outcomes clearly suggest it would be a total waste of the Owners Corporations time and money.
Regards,
Heath Crosbie
Waratah Strata Management
P.O. Box 125, Eastwood NSW 2122
I receive large volumes of correspondence and greatly appreciate your patience in my response.
From: SP52948 owner
Sent: Thursday, 28 September 2023 6:19 PM
To: Heath Crosbie | Waratah Strata Management
Robert Crosbie | Waratah Strata Management
Subject: Re: OFFICIAL SUBMISSION - Lot 158 Motions for AGM 2023 on 26Sep2023
Hi,
a) Please read the submission carefully before making wrong assumptions.
b) The email clearly identified full name, and was also sent to all nine members of the committee, as witnesses.
Strata Roll does not have to include email address:
http://classic.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s178.html
In NSW, some believe strata law asks that if an owner has an email address, it must registered on the Strata Roll, which is a list of all the owners and their contact details.
In turn, the strata secretary or strata manager should provide those details to any owner who asks for them – including email addresses, which Waratah Strata Management declined to do multiple times.
Just to avoid the possibility of foul play, Waratah Strata Management received a request for an update to Lot 158 email address with special instructions when it can be used. As agenda for AGM is not prepared yet, please proceed with adding Lot 158 Motions as per legal requirement.
It is also noted that there is no insurance renewal evidence in spite of it expiring seven days ago on 21 September 2023.
Negative balance in Admin Fund today is $39,259.22 (it will be much worse when insurance premiums are paid).
Regards,
PS. Based on Legge v Network Strata Services Pty Ltd
(Strata and Community Schemes) [2013] NSWCTTT 45 (8 January
2013).
Contrary to the assertion in the respondent’s correspondence
to the applicants, the National Privacy Principals do not
“supersede” the provisions of the Act which require access
to be given to the strata roll by a lot owner (or anyone
else authorized to make a request) who has made a request
for access under section 108 of the Act. The consent of lot
owners to the disclosure of their addresses for service is
not required. Addresses for service must be provided for the
purpose of the strata roll and lots owners have a right to
inspect the strata roll when a request is made under section
108 of the Act.
On 28/9/23 14:18, Heath Crosbie | Waratah Strata Management wrote:
As you do not have the decency to identify yourself and this email address is not recorded as an authorised representative on the strata roll, this correspondence will be ignored.Regards,Heath CrosbieWaratah Strata ManagementP.O. Box 125, Eastwood NSW 2122-----Original Message-----From: SP52948 ownerSent: Tuesday, 26 September 2023 8:31 PMTo: Robert Crosbie | Waratah Strata ManagementCc: Heath Crosbie | Waratah Strata ManagementSubject: OFFICIAL SUBMISSION - Lot 158 Motions for AGM 2023 on 26Sep2023To Secretary of the Executive Committee of strata plan 52948:In accordance with SSMA 2015, Schedule 1, Part 2, Section 4, and Paragraph 61 of NCAT case SC 20/33352, name withheld, co-owner of Lot 158, submits the following Motions for the AGM 2023.PDF is a legally valid format for any official submission.Lot 158 reserves the right to amend the Motions before the agenda for AGM 2023 is sent to all owners. Please advise what the latest cut-off date for submissions is.Regards,PS. As of 26 September 2023, negative balance in Admin Fund is $33,522.42.Like in 2022, insurance renewal for strata plan SP52948 was due on 21 September 2023. Details of the insurance renewal were not published for any owner and costs not published in Admin Fund.
