Primary audience on the website are SP52948 owners (current and previous), tenants, investors, and potential buyers in strata complex.
Number of SP52948 owners, tenants, and investors expressed gratitude towards this website as that was the only way to gain access to lot of critical information, which is not available in minutes and notices of meetings, or on Waratah Strata website.
Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of services provided by those who should enforce laws are common and frequent.
The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...
Democracy should be the leading avenue for managing strata complexes. But, democracy requires high level of sense and ethics, and right for all owners to have full access to strata files in order to make informed decisions. And when that does not happen, how to proceed? One way is to educate public and rise awareness that license to be a strata manager is one of the easiest in any industry: Strata Community Australia (SCA) are offering a three-day course on qualifying to be a strata manager with no prior educational requirements (apparently educational requirements are fulfilled by completing the course).
Major news on 14 May 2025: strata manager Michael Lee, featured in the Strata Trap report on ABC TV’s Four Corners, was the first in NSW to be banned for life from operating as a strata manager. Lee was also been fined $11,000, his company, Result Strata Management, had its licence cancelled and it fined $22,000. Lee who was just three days from the end of a four-month suspension issued in January, was the first strata manager in NSW to be “struck off” purely for the way they conducted their business. Lee was featured in the ABC report using hired “security” to prevent owners from entering the AGM to vote against him and his committee. Lee, an owner in the building, was its strata committee chairperson as well as its strata manager. After a long-running investigation, Fair Trading found that, under Lee’s direction, the company had failed to disclose conflicts of interest, consistently breached rules of conduct, charged fees for services not rendered, and failed to ensure that owners’ properties complied with critical fire and safety obligations. In addition, it did not provide information to owners when required, acted contrary to instructions given at general meetings, and failed to make sure a building had adequate insurance cover. As a result, he became the first strata manager to be banned for life.
Examples of legal cases terminated contracts with strata and building managers in Australia
The owner of the website was exposed to multiple threats and intimidation tactics by BCS Strata Management (until 31 January 2017) and Waratah Strata Management (since 1 February 2017), which included unsuccessful defamation attempts, false statements to owners in notices of the meetings, prevention of access to SP52948 strata documents (and even Strata Rolls), preventing the owner from conducting duties of committee member whilst allowing unfinancial owners to do it, supported verbal threats, stalking, and intimidation of the owners, and refusal to attend free mediations at NSW Fair Trading, whilst providing false statements to CTTT and NCAT through the same Solicitor.
There is no website which covers more detailed events related to strata issues with direct evidence than this one in Australia (trust through verification).
This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere. All files on this website were provided to Fair Trading NSW, Office of Legal Services Commissioner, CTTT (now NCAT), District Court, Supreme Court, and Police.
Justice McCallum publicly stated:
Extensive media reporting of allegations of criminal conduct is not a mischief in itself. On the contrary, it is appropriate to recognise that the media play an important role in drawing attention to allegations of criminal or other misconduct and any shortcomings in the treatment of such allegations.
Since early December 2024, after yet another refusal by Waratah Strata Management and committee members to attend free mediation at NSW Fair Trading, NCAT case 2024/00454780 was opened. Waratah Strata Management, as of late February 2025, still fails to disclose full information for owners:
SP52948-Lot-142-repetitive-water-leaks-and-ignorance-of-NCAT-case-2024_00454780-19Feb2025
NCAT-2024-00454780-001-Table-of-Contents-public
Here is how Waratah Strata Management and committee members forged date of publishing alleged committee meeting agenda (dated 24 January 2025) and minutes (dated 6 February 2025) and backdated them on their website on 20 February 2025 (after NCAT Directions Hearing), whilst minutes of that meeting were still not published on notice boards:
SP52948-Waratah-Strata-Management-forging-dates-of-committee-meeting-20Feb2025
SP52948-minutes-EC-meeting-6Feb2025-published-on-20Feb2025-public
Waratah Strata Management website without any information about alleged committee meeting agenda (24 January 2025) and minutes (6 February 2025) on 19 February 2025:
Waratah Strata Management website without any information about alleged committee meeting agenda (24 January 2025) and minutes (6 February 2025) at 07:53 hours on 20 February 2025 (just one hour before NCAT Directions Hearing):
SP52948-waratahstrata-Document-folder-page-1-morning-20Feb2025
Waratah Strata Management website with committee meeting agenda (24 January 2025) and minutes (6 February 2025) published belatedly on 20 February 2025 (after NCAT Directions Hearing):
SP52948-waratahstrata-Document-folder-page-1-afternoon-20Feb2025
These are some of the documents that Lot 158 requested Waratah Strata Management to share with all owners, which was, as expected, denied by the strata agency, whilst engaging Bannermans Lawyers at two Directions Hearings (6 January 2025 and 20 February 2025 without legally-compliant process - fraudulent process to conduct committee meetings on 6 January 2025 and 6 February 2025):
Repetitive efforts to engage with committee members and strata managers - none of them ever replied:
SP52948-legal-request-to-documents-24Apr2020
SP52948-Genelle-Godbee-stayed-silent-when-approached-with-letter-of-demand-3Oct2020
SP52948-Bruce-Copland-stayed-silent-when-approached-with-letter-of-demand-7Oct2020
SP52948-Bruce-Copland-stayed-silent-and-refused-to-offer-assistance-to-OLSC-and-NCAT-8May2022
SP52948-John-Ward-stayed-silent-when-approached-with-letter-of-demand-6Oct2020
SP52948-Maureen-McDonald-stayed-silent-when-approached-with-letter-of-demand-2Oct2020
SP52948-Moses-Levitt-stayed-silent-when-approached-with-letter-of-demand-2Oct2020
SP52948-Stan-Pogorelsky-stayed-silent-when-approached-with-letter-of-demand-2Oct2020
SP52948-Thomas-Karolewski-stayed-silent-when-approached-with-letter-of-demand-3Oct2020
SP52948-Upali-Aranwela-stayed-silent-when-approached-with-letter-of-demand-3Oct2020
SP52948-Marianna-Paltikian-stayed-silent-when-approached-with-letter-of-demand-8Oct2020
SP52948-John-Gore-stayed-silent-when-approached-with-letter-of-demand-10Feb2022
Cordial-invitation-to-BCS-Strata-Management-and-Pica-Group-to-attend-NCAT-2024-00454780-16Mar2025
Cordial-invitation-to-Barrister-Hussein-Elachkar-to-attend-NCAT-case-2024-000454780-14Mar2025
There are many more attempts that would just overload the webpage (Mrs. Lorna Zelenzuk, Mrs. Marianna Paltikian, Mr. Stuart Greene, Mrs. Maureen McDonald, Mr. Francis Tso Yuan Chow, Mr. Peter Yeend, Mr. Robert Lev, Ms. Joanne Hessink, Mr. Peter Friede) - the above ones are illustrative enough.
NCAT-2024-00454780-001-explanation-why-Lot-158-uses-phrase-lie-public
NCAT-2024-00454780-001-summons-committee-member-Stan-Pogorelsky-public
NCAT-2024-00454780-001-Bannermans-Lawyers-conflict-of-interest-and-disclosure-public
SP52948-Lot-158-warning-to-Bannermans-Lawyers-about-NCAT-case-2024-00454780-20Feb2025
SP52948 Lot 158 Motions for EGM/AGM 2025, whichever came first
Cordial invitation to Barrister Hussein Elachkar to attend NCAT case 2024/000454780 on 14 March 2025
On 20 March 2025, complaint was sent to NCAT about second non-compliance issue.
As of evening on 20 March 2025 at 19:45 hours, SP52948 did not provide any hard copies of responses, as listed in Directions Hearing Orders 4 and 5 on 20 February 2025:
We did not receive them in the letterbox,
We did not receive them in person,
We did not get any courier calls or messages.
This was a repeat of their failure to comply with NCAT Orders at Directions Hearing on 15 January 2025, where the respondent did not satisfy Orders 4 and 5 and to this day, the document that was allegedly sent by Bannermans Lawyers via express post never arrived (deadline was 12 February 2025 and today is 20 March 2025).
In addition, here is the status for other NCAT orders and correspondence as of 20 March 2025. Would a reasonable person consider Waratah Strata Management and committee members exhibiting utmost contempt of court in NCAT case 2024/00454780? Let these facts speak for themselves:
Application Notice, issued by NCAT on 6 December 2024.
Not published on six notice boards.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Notice of Directions Hearing Listing, issued by NCAT on 10 December 2024.
Not published on six notice boards.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
NCAT Orders issued at first Directions Hearing on 15 January 2025.
Not published on six notice boards.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Notice of second Directions Hearing Listing, issued by NCAT on 21 January 2025.
Published on notice boards on 28 January 2025 without full details of the case.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Notice of Hearing Listing, issued by NCAT on 3 March 2025.
Published on six notice boards 10 days after the NCAT listing.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Issues of summonses for Lot 181, Mr. Stan Pogorelsky, delivered by NCAT on 7 March 2025.
Not published on notice boards.
Not published on Waratah Strata website.
There is no evidence that it was provided in any official correspondence to owners in emails or letters.
Full details of the case not provided to any owner.
Before, during, and after second Directions Hearing on 20 February 2025, I requested that Bannermans Lawyers produce evidence of the following to the Tribunal and Lot 158 and they failed to do it:
Unredacted electronic copy of all email correspondence between SP52948 representatives and Bannermans Lawyers since 10 December 2024.
Unredacted electronic copy of email(s) that provided Bannermans Lawyers with signed version of their Standard Costs Agreement before attending Directions Hearing on 15 January 2025.
Unredacted electronic copy of email(s) that provided Bannermans Lawyers with minutes of committee meeting on 6 January 2025 before attending Directions Hearing on 15 January 2025.
Unredacted electronic copy of email(s) that provided Bannermans Lawyers with signed version of their Standard Costs Agreement before attending Directions Hearing on 20 February 2025.
Unredacted evidence that all owners were sent the full agenda for committee meeting (via email and Australia Post) in a timely manner before scheduled meeting on 6 January 2025.
Unredacted evidence that all owners were sent the full agenda for committee meeting (via email and Australia Post) in a timely manner before scheduled meeting on 6 February 2025.
Proof that agenda and minutes for meetings on 6 January 2025 and 6 February 2025 were published on Waratah Strata Management website before, on, and after the meetings in a timely manner.
Proof that minutes for meeting on 6 February 2025 were published on six notice boards before or on 20 February 2025.
Proof that the respondent engaged express courier to deliver printed files to Lot 158 before, on, or after 12 February 2025, as per Directions Hearing Orders received on 15 January 2025. The evidence must include proof of express courier payment, delivery to signature of the person who received your documents, date when these events happened, and evidence what Waratah Strata Management and committee members did when they received Lot 158 about missing documents on 14 and 19 February 2025.
-
Of special importance was behaviour and actions (or more accurately, lack of proper actions by Mr. Stan Pogorelsky, who stays unrepentant till the final stage). He did not provide most of files as ordered by NCAT in the summonses, on top of having no evidence to refute statements about his un financial status for 25 years and other issues that make him unsuitable for committee membership.
NCAT response on 24 March 2025 was very clear and Lot 158 will use it against all parties attempting to represent SP52948 as respondents:
A party to proceedings must comply with directions made by the Tribunal.
Contact the other party and ask them to provide their evidence to you.
Failure to comply with a Tribunal direction may result in any material received after the specified date not being admitted into evidence.
Any outstanding issues relating to non-compliance with Tribunal directions should be raised at the next hearing.Negative balance (deficit) in Admin Fund in morning of 27 March 2025 was -$277,854.69 and insurance renewal for FY 2025 increased by 41.46% (covering FY 2025 only - one-year period, to ensure same calculations), whilst heavily UNDERINSURED total value of the complex in case of catastrophic events.
NCAT-2024-00454780-strike-out-Genelle-Godbee-statements-and-evidence-public-version-May2025
SUMMARY-NCAT-case-2024-00454780-and-latest-fire-safety-problems-1Apr2025
At third directions Hearing on 11 April 2025, SP52948 was not represented by any person and only Mr. Stan Pogorelsky attended for his non-compliance with issue of summonses.
The Tribunal member, who was accompanied by an unknown female witness, at the beginning of the session, asked Mr. Pogorelsky who was representing SP52948, and Mr. Pogorelsky stated that they (presumably committee members and Waratah Strata Management) felt they were not required to attend.
The Tribunal member failed to establish the fact that Mr. Pogorelsky, as a current committee member unless he recently resigned without public announcement, was legal representative for SP52948.
The Tribunal member did not establish the fact that Mr. Pogorelsky, as a committee member of SP52948, is considered a legal representative of the OC, acting on behalf of all owners.
Only Mr. Stan Pogorelsky attended this Directions Hearing, for his non-compliance with issue of summonses.
The summonses were issued by the NCAT Registrar on 7 March 2025, which, in spite of all efforts, Waratah Strata Management and committee members refused to publish or share with owners.
Once Mr. Pogorelsky failed to comply with the order, summonses and order for Directions Hearing were issued by the NCAT Registrar on 28 March 2025, which, in spite of all efforts, Waratah Strata Management and committee members refused to publish or share with owners.
After prolonged sessions, Mr. Stan Pogorelsky admitted not providing any of requested documents because "he did not have them" (including his own levy invoices), which was accepted by the Tribunal. In other words, he did not have to comply with the summonses:
After confirming that Mr. Pogorelsky did not provide any of the requested documents in summonses, the Tribunal member asked him if he had such documents, and Mr. Pogorelsky replied in the negative.
Mr. Stan Pogorelsky admitted not providing any of requested documents because "he did not have them" (including his own levy invoices) and was not responsible to have them, which was accepted by the Tribunal, in spite of clear knowledge in his "Witness Statement" dated 20 March 2025:
3. I am authorised by the owners corporation to make this statement on its behalf.
4. I made this statement from my own knowledge and belief, save where otherwise stated.His witness statement was then accompanied by Attachments 1 to 39. A logical question is then how he obtained those strata files, but could not do it for any of the files in summonses? And since he provided and literally affirmed those Attachments, is not his excuse (which is difficult to accept by any reasonable person) further proof of his negligence and dysfunctional operation of SP52948.
When it was suggested to the Tribunal to document Mr. Pogorelsky's statement about not having any of the documents, Tribunal allowed Mr. Pogorelsky to prevent NCAT to publish such information.
This is part of prepared oral submission to NCAT for Mr. Stan Pogorelsky's unpaid gas heating levies in period since 1999. His hidden debt to owners coporation is massive. In period from 21 July 1999 (when $200.00 was set for gas heating levies, and reconfirmed on committee meeting on 17 November 1999 (payable in advance on 1 December each year), to the day of AGM on 17 October 2019, Mr. Stan Pogorelsky owed SP52948 at least $13,091.39 in unpaid gas heating levies (including 10% interest per year). This figure grew to much larger debt since then:
SP52948-Stan-Pogorelsky-efforts-to-avoid-paying-gas-heating-levies-Apr2025
Debt by Mrs. Lorne Zelenzuk (who Mr. Pogorelsky defended at all costs) for unpaid gas heating levies in period since 1999 is much worse. In period from 21 July 1999 (when $200.00 was set for gas heating levies, and reconfirmed on committee meeting on 17 November 1999 (payable in advance on 1 December each year), to the day of AGM on 17 October 2019, Mrs. Lorna Zelenzuk owed SP52948 at least $16,447.02 in unpaid gas heating levies (including 10% interest per year). This figure grew to much larger debt since then:
SP52948-Lorna-Zelenzuk-efforts-to-avoid-paying-gas-heating-levies-Apr2025
Mr. Pogorelsky did not provide any valid evidence to refute or correct the above calculations.
-
Lot 158 predicted behaviour of Mr. Stan Pogorelsky before third Directions Hearing occurred, sent one day before the session and updated several hours before the session:
NCAT-2024-00454780-Third-Directions-Hearing-risks-public-11Apr2025
And here is how Mr. Stan Pogorelsky acted at the Directions Hearing:
NCAT-2024-00454780-Stan-Pogorelsky-actions-at-Directions-Hearing-public-11Apr2025
These files were submitted by Bannermans Lawyers, Waratah Strata Management, and Mr. Stan Pogorelsky to NCAT case 2024/00454780 on 20 March 2025, showing to what extent strata managers went to ensure non-compliance with strata laws and regulations in regards to organising meetings - instead os proving their quality of work, these files prove their persistent misconduct (also, meetings were not sent to all owners, did not have detailed agenda, did not present massive negative balances in Admin Fund, and hid long-term fire safety non-compliance orders by City of Ryde). For one meeting, they even created agenda on Sunday evening!
NCAT-2024-00454780-non-compliant-meetings-in-SP52948-evidence
At Hearing on 22 April 2025, Mr. Stan Pogorelsky, Mrs. Genelle Godbee, Waratah Strata Management, and Uniqueco Property Services denied any wrongdoings, and were represented by two Bannermans Lawyers who did not offer any evidence of their retainer.
Bannermans Lawyers were repeatedly asked to provide the following evidence, as they failed to produce signed Standard Costs Agreement three times at NCAT hearings:
15 January 2025, first Directions Hearing
20 February 2025, second Directions Hearing
22 April 2025, Hearing
Bannermans Lawyers hid the following not only from NCAT but all SP52948 owners too:
a) Signed version of your Standard Costs Agreement as they would have received from SP52948 representatives.
b) Date and time when they received the signed version of their Standard Costs Agreement.
For the record, their involvement in alleged major renovations for Lot 79 which started before approval at general meeting, and without updates to Consolidated By-Laws, were still ongoing, in its sixth month.
On 22 April 2025, after NCAT Hearing, the following demands were sent to Ms. Genelle Godbee, to justify her behaviour and false statements. She failed to respond:
Please provide full evidence for the following items you submitted in witness statements on and orally at the Hearing today:
1) Evidence that Solicitor Adrian Mueller, or someone on his behalf sent a letter or email to Lot 158 on 5 June 2024.
2) Evidence of criminal record at Burwood Court.
In addition, answers to these selected items:
3) Your actions since 25 May 2013, where you supported mediation without Solicitor engagement:
From: genelle_g Sent: Saturday, 25 May 2013 1:08 PM To: SP52948 Lot 98 Subject: Re: FW: MACQUARIE GARDENS : TIME FOR A 'CIRCUIT BREAKER'?
I am interested and agree with your suggestions. I too would be happy to "sit at a round table" but will be away in July, August and September.
Please send future emails to my new phone accessible email address: ...
Genelle Godbee
Unit 142
4) Evidence of your responses and actions in regards to Lot 158 complaints and reports of mismanagement, with special emphasis on:
Lot 158 letter of demand on 3 October 2020
Lot 158 email SP52948 Unfinancial EC members and other owners - second gas connection on 25 June 2017
Lot 158 email CHU Insurance claim and defamation of Lot 158 on 1 April 2017
Lot 158 email REQUEST - Prepare responses to Lot 158 at AGM 2024 on 5 November 2024
Lot 158 email SUMMARY NCAT 2024/00454780 and latest fire safety on 1 April 2025, including Lot 158 long-term common property issues.On 23 April 2025, Bannermans Lawyers (Ms. Ishita Rao, Ms. Jennifer Pham, Mr. Joseph Bannerman, and Ms. Arina Sian) were again approached with questions about their signed Standard Costs Agreement. They failed to respond:
They actually failed to respond since 20 February 2025:
Each day since 7 April 2025 (with photos from 26 April 2025) and even as late as 30 April 2025, six notice boards in the complex were empty and did not contain any information about alleged EGM (scheduled for 1 May 2025) and NCAT Orders made on 22 April 2025:
SP52948-Block-A-notice-board-26Apr2025 (video)
SP52948-Block-B-notice-board-26Apr2025 (video)
SP52948-Block-C-notice-board-26Apr2025 (video)
SP52948-Block-D-notice-board-26Apr2025 (video)
Since 22 April 2025, when NCAT issued the following Orders, such information was not given to any owner, not published on notice boards, and not published on Waratah Strata website:
How far Waratah Strata Management went is best proven through explicit usage of so-called “Unreasonable Communications”, discriminatory Special By-Law, as advised by Solicitor Adrian Mueller, which so far allowed Waratah Strata Management to ignore Lto 158 owners complaints nine times (listed in official strata documents whilst ignoring many more requests sent to them via emails or by post):
SP52948-Special-By-Law-Unreasonable-Communications-to-discriminate-against-Lot-158
Waratah Strata Management and Uniqueco Property Services failed to respond to Lot 158 when directly questioned about sudden attempt to allegedly resolve sunroom leak that existed in Lot 158 since late 2020 without disclosure to NCAT. They tried to simply repaint over the wet concrete, and Lot 158 prevenetd it. Lot 158 would love to resolve this issue but not through temporary steps and patchwork (what Australians would call "shonky work"). The prerequisite step that needed to be done by others was still pending (finding and fixing the source of water leak):
SP52948-false-attempt-to-resolve-Lot-158-sunroom-leaks-9May2025
According to Waratah Strata Management incomplete public statements, second Extraordinary General Meeting for SP52948 was unsuccessful in 2025 (poorly scheduled for 1 May 2025).
Waratah Strata Management is running SP52948 without any transparency, duty of care, or diligence.
The first EGM was allegedly planned for 25 March 2025, but realising it was non-compliant with strata laws, they withdrew it silently (refer to previous email dated 8 April 2025).
Then, they organised the second EGM for 1 May 2025.
Document showed that the first EGM was not recorded at all, but the second one was duly recorded on Waratah Strata website in Folder Past Meetings on 25 May 2025 (just two days before alleged EGM):
SP52948-waratahstrata-Past-Meetings-folder-25May2025
In our email to NSW Fair Trading on 25 April 2025, we warned about it: they planned to run second EGM on 1 May 2025, with main resolution being related to Motion 1 to "ratify" decision to engage Bannermans Lawyers on 6 January 2025), which already had a high risk of being non-compliant. So far, Bannermans Lawyers and Waratah Strata Management failed to prove they were legally engaged through signed Standard Costs Agreement.
EGM scheduled for 1 May 2025 was created on 7 April 2025, and it needed to comply with Clause 28 of Schedule 1 of the SSMA 2015:
SP52948-notice-EGM-for-1May2025-public
The effect of clause 28 of Schedule 1 and clause 10 of Schedule 2 is to require two separate resolutions – a committee resolution in relation to committee meetings, and an owners corporation resolution at a general meeting in relation to general meetings.
For whatever reason, Waratah Strata Management declared this EGM unsuccessful due to alleged "lack of quorum".
In the minutes of EGM on 1 May 2025, which were sent to some owners, strata manager claimed the meeting "lapsed due to lack of quorum and adjourned it for 27 May 2025":
SP52948-minutes-of-failed-EGM-1May2025-and-adjourned-EGM-for-27May2025
The "adjourned" EGM also further delayed fire safety repairs, as ordered by City of Ryde Council (Motion 2 in document "SP52948-notice-EGM-for-1May2025-created-7Apr2025.pdf").
Four documents prove, beyond reasonable doubt, that the notice boards (photos taken on 25 May 2025 and almost every day throughout May 2025) in four buildings did not contain minutes of failed EGM on 1 May 2025 or notice for the adjourned EGM on 27 May 2025:
SP52948-Block-A-notice-board-empty-25May2025
SP52948-Block-B-notice-board-empty-25May2025
SP52948-Block-C-notice-board-empty-25May2025
SP52948-Block-D-notice-board-empty-25May2025
Waratah Strata website in two folders did not contain any details of the scheduled EGM on 27 May 2025.
Waratah Strata website in Document Folder did not contain minutes of failed EGM on 1 May 2025 or notice for the adjourned EGM on 27 May 2025.
It is difficult to defend Waratah Strata Management, specially since SP52948 has been managed by seven strata managers since 1 February 2017 and all of them exhibited the same behaviour. They actions are predictable and repetitive, showing that the whole agency has serious problems:
Mr. Robert Crosbie
Mr. Simon Wicks
Mr. Frank Tallaridi
Mr. Stuart Greene
Mr. Heath Crosbie
Mr. Nicolas Cosic
Mr. Alex Tomasko
We met with number of owners in the complex over the last few weeks in May 2025. They were very scared that not only the complex was poorly managed and Admin Fund financials were in disarray, but also wonder why NCAT and NSW Fair Trading were seemingly not taking decisive actions to eliminate such strata agencies and managers.
Alleged adjourned Extraordinary General Meeting on 27 May 2025 (strata manager Alex Tomasko claimed the one on 1 May 2025 "lapsed due to lack of quorum") was organised through covert actions.
Strata Manager Alex Tomasko created three versions of minutes of this meeting:
SP52948-Waratah-Strata-Management-created-three-versions-of-minutes-for-EGM-in-May-2025
Among the other problems, Waratah Strata Mabnagement prevented owners to vote and take decisive actions for all Lot 158 Motions, including Motion 10 and 11:
These documents prove, beyond reasonable doubt, that the notice boards did not contain minutes of failed EGM on 1 May 2025 or notice for the adjourned EGM on any date, including 27 May 2025:
SP52948-Block-A-notice-board-empty-25May2025
SP52948-Block-B-notice-board-empty-25May2025
SP52948-Block-C-notice-board-empty-25May2025
SP52948-Block-D-notice-board-empty-25May2025
SP52948-Block-A-notice-board-empty-26May2025
SP52948-Block-B-notice-board-empty-26May2025
SP52948-Block-C-notice-board-empty-26May2025
SP52948-Block-D-notice-board-empty-26May2025
Waratah Strata website in two folders did not contain any details of the scheduled EGM on 26 and 27 May 2025:
SP52948-waratahstrata-Meetings-folder-no-scheduled-meeting-26May2025
SP52948-waratahstrata-Meetings-folder-no-scheduled-meeting-v2-26May2025
SP52948-waratahstrata-Meetings-folder-no-scheduled-meeting-27May2025
SP52948-waratahstrata-Meetings-folder-no-scheduled-meeting-v2-27May2025
Waratah Strata website in Document Folder did not contain minutes of failed EGM on 1 May 2025 or notice for the adjourned EGM on 26 and 27 May 2025:
This is how Waratah Strata Management forged dates of Fire Safety Audit and the alleged EGMs on 1 and 27 May 2025:
These are minutes of EGMs on 1 and 27 May 2025 (where 55 owners "voted" on 1 May 2025 and 54 owners "voted" on 27 May 2025 - Lot 60's vote mysteriously disappeared on 27 May 2025):
The EGM had so many problems but that was something that NCAT and NSW Fair Trading needed to evaluate.
Would a reasonable person call this another (repetitive) fraud by Waratah Strata Management in FY 2025:
Waratah Strata Management fraudulent insurance commissions in FY 2025
$23,686.71 paid for insurance commissions to Waratah Strata Management in FY 2025 in spite of advance warning to executive committee to not allow it
Status on 18 July 2025:
Waratah Strata Management planned to run yet another non-conpliant general meeting. Extraordinary General Meeting, scheduled for Monday (21 July 2025), as organised by Waratah Strata Management, failed the requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 1, Section 4 (1) and (3), and section 7, and Interpretation Act 1987 (NSW):
2 July 2025, Day of notice, postage date not included
3 July 2025, First Working Day
4 July 2025, Second Working Day
5 July 2025, Saturday
6 July 2025, Sunday
7 July 2025, Third Working Day
8 July 2025, Fourth Working Day
9 July 2025, Fifth Working Day
10 July 2025, Sixth Working Day
11 July 2025, Seventh Working Day, notice effective
12 July 2025, First Notice Day
13 July 2025, Second Notice Day
14 July 2025, Third Notice Day
15 July 2025, Fourth Notice Day
16 July 2025, Fifth Notice Day
17 July 2025, Sixth Notice Day
18 July 2025, Seventh Notice Day
19 July 2025, Eight Notice Day
20 July 2025, Nineth Notice Day
Five Notice Days missing
21 July 2025, Date of Meeting, not counted
In addition, even just two days before the alleged EGM, Waratah Strata Management did not publish the agenda of the meeting on their website:
SP52948-waratahstrata-Document-folder-without-EGM-agenda-page-1-18Jul2025
Negative balance (deficit) in Admin Fund reached -$287,272.92 without any notifications to owners.
Whilst SP52948 has serious cash flow, strata manager is happy to waste owners' funds on alleged legal fees in amount of $37,493.28.
Income and Expenditure document still listed $0.00 for collection of gas heating levies which were due on 1 May 2025:
Waratah Strata Management website listed six Open Work Orders, of which one was more than nine months old, and two were more than 17 months old:
SP52948-waratahstrata-Maintenance-Open-Work-Orders-folder-18Jul2025
04/10/2024 Sewer Relining
27/02/2024 Fire safety equipment repairs
13/02/2024 Fire safety - fire sprinkler repairs
In October 2024, we collected video and photo evidence of bush turkeys drinking from sewer leaks behind SP52948 townhouse 199. It was a tragic view seeing poor birds being literally poisoned:
SP52948-water-leaks-with-faul-smell-behind-townhouse-199-video-1-30Aug2024 (video)
SP52948-water-leaks-with-faul-smell-behind-townhouse-199-video-2-30Aug2024 (video)
This information was hidden from NCAT by Waratah Strata Management, Uniqueco Property Services, and Bannermans Lawyers at NCAT Hearing on 22 April 2025.
City of Ryde Council made orders to BCS Strata Management (who were strata manager at the time) and Uniqueco Property Services for similar problems in 2015 (Emergency Order 21 and 22) on 8 May 2015. The order was so strict that it allowed ONLY TWO DAYS for rectification work. In their orders, City of Ryde clearly stated:
Sewage may contain pathogenic micro-organisms and poses a danger to health if not disposed of appropriately.SP52948-City-of-Ryde-OHS-and-health-risk-urgent-sewerage-pipe-repair-order-8May2015
And there were number of other sewer incidents, not to mention the ones before Waratah Strata Management took office on 1 February 2017.
Due to lack of proactive maintenance and terrible 10-Year Capital Works Fund, owners spend excessive amounts on emergency repairs. Here are few examples:
16/09/2019 Lots 49 and 50 sewer pipe reline, $16,830.00 (GST excl)
20/01/2020 Sewer leak at back of complex, $720.00 (GST excl)
07/09/2020 Lot 49 checkup sewerline, $200.00 (GST excl)
02/09/2021 Townhouse 211 blocked sewer drains, $450.00 (GST excl)
10/12/2021 Townhouse 211 sewer line in courtyard, $2,470.00 (GST excl)
29/08/2022 Lot 25 reline sewer pipes under floor slab, $10,800.00 (GST excl)
03/10/2024 Inspection to blocked sewer overflow, $850.00 (GST excl)
09/10/2024 Inspection to blocked sewer overflow, $935.00 (GST excl)
Waratah Strata Management declined to comply with NCAT orders at Hearing on 22 April 2025 to provide access to financial data for FY 2024 (period from 1 September 2023 to 31 August 2024).
Problems with fire safety are well documented and long overdue for repairs.
Waratah Strata Management was requested to fully inform 218 owners about pending NCAT Hearing on 22 July 2025. Strata manager silently refused to do it and did not provide any files to owners or publish them on their website.
NCAT Hearing on 22 July 2025: Two Bannermans Lawyers solicitors attended, again without any evidence of their legal representation. They wasted court time and failed to prepare for the Hearing. They had no defence against Lot 158 folders submitted on 7 July 2025, which they admitted, under pressure from the Tribunal and Lot 158, they received on 9 July 2025 amnd had 13 days to prepare for the Hearing. This was Bannermans Lawyers fourth NCAT appearance without proof of legal representation.
On the day of the Hearing on 22 July 2025, negative balance (deficit) in Admin Fund was -$287,409.37 whilst legal costs reached $37,493.28 without any approval of the owners corporation of even knowledge of such terrible financial problems.
This was SEVENTH email directly addressed to Bannermans Lawyers, without ever receiving a response:
There was another legal and safety issue in early August 2025.
At non-compliant Extraordinary General Meeting on 21 July 2025, Special Resolution was allegedly made to install a storage cage near hydrant hose in basement of Block D:
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Extraordinary General Meeting on 21 July 2025, as organised by Waratah Strata Management, did not satisfy requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 1, Section 4 (1) and (3), and section 7, and Interpretation Act 1987 (NSW):
2 July 2025, Day of notice, postage date not included
3 July 2025, First Working Day
4 July 2025, Second Working Day
5 July 2025, Saturday
6 July 2025, Sunday
7 July 2025, Third Working Day
8 July 2025, Fourth Working Day
9 July 2025, Fifth Working Day
10 July 2025, Sixth Working Day
11 July 2025, Seventh Working Day, notice effective
12 July 2025, First Notice Day
13 July 2025, Second Notice Day
14 July 2025, Third Notice Day
15 July 2025, Fourth Notice Day
16 July 2025, Fifth Notice Day
17 July 2025, Sixth Notice Day
18 July 2025, Seventh Notice Day
19 July 2025, Eight Notice Day
20 July 2025, Nineth Notice Day
Five Notice Days missing
21 July 2025, Date of Meeting, not counted
Negative balance (deficit) in Admin Fund on 31 July 2025 (just 10 days after the alleged EGM) reached -$310,754.68 without disclosure to owners:
SP52948-Income-and-Expenditure-Report-1Sep2024-to-31Jul2025-downloaded-on-1Aug2025
Waratah Strata Management did not publish agenda for this EGM on theri website even three days after the meeting, and suddenly published both the agenda and the minutes on 25 July 2025 with direct effort to hide information from owners:
SP52948-waratahstrata-Document-folder-without-EGM-agenda-or-minutes-page-1-24Jul2025
One of the committee members (Mrs. Genelle Godbee) allegedly attended in person without explanation why such an opportunity was not given to all other owners and how she knew to attend the meeting (video conference or in office of Waratah Strata Management):
SP52948-notice-for-electronic-only-EGM-on-21Jul2025
Mr. Stan Pogorelsky and Mrs. Genelle Godbee did the same at alleged committee meeting on 6 February 2025: they attended in person, without explanation why such an opportunity was not given to all other owners and how they knew to attend the meeting (video conference or in office of Waratah Strata Management)
To make things worse, and prove complete discrimination of majority of owners, an ordinary owner, Ms. Julie Bonello, attended the committee meeting on 6 February 2025 in person, without explanation why such an opportunity was not given to all other owners and how she knew to attend the meeting (video conference or in office of Waratah Strata Management)
Without any evidence of Special By-Law registration, Uniqueco Property Services organised immediate installation of the storage cage, as prepared parts for it were found on 2 August 2025:
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On 3 August 2025, strata manager Mr. Alex Tomasko, and committee members Mrs. Genelle Godbee, Mr. Stan Pogorelsky, Mr. Ramesh Kamini, Mr. Joe Spatola, Mr, Carlos Fornieles Montoya, and Mr. Jeffery Wang were warned about Mr. Jeffery Wang and Mr. Stan Pogorelsky failing to pay proper levies at AGM 2013. They stayed silent and did not share this information with owners.
At NCAT Hearing on 22 July 2025, there was an official admission by Mr. Stan Pogorelsky that he did not pay gas heating levies in 2012 and 2013, full amount of $200.00 and GST in year 2000 and much more. The legal implications of Mr. Pogorelsky's admission in his summonses on 17 March 2025 and at Hearings on 22 April 2025 and 22 July 2025 were huge, especially since he was a ringleader of alleged committee meeting in his unit on 9 July 2012 when they "approved" Solicitor Adrian Mueller's engagement in CTTT case SCS 12/32675.
At AGM 2013, Mr. Wang was allowed to vote and be elected on the committee with outstanding levies of $3.90 (interest):
But, Mr. Wang and Mr. Pogorelsky happily prevented these owners to vote through proxies or any other method at the same AGM whilst hiding their own unpaid full levies:
SP52948-AGM-2012-proxy-count-page-1-23Oct2013
Lot 98 (retired University professor), outstanding debt $0.10
Lot 111, outstanding debt $5.40
Lot 203, outstanding debt $8.66
Lot 212, outstanding debt $3.87
Lot 59, outstanding dept of $0.20
Lot 162, outstanding debt of $0.01
On the other hand, they allowed these owners to vote:
Lot 183 to attend and vote whilst having outstanding debt of $7.91
Lot 147, unpaid gas heating levies in 2012 and 2013 until incomplete invoice on 15 July 2016
Lot 3, unpaid gas heating levies for 15 years until incomplete invoice on 17 July 2015
In financial year from 1 September 2013 to 31 August 2014, three unfinancial members were of the committee: Lot 147, Lot 181, Lot 218 (total number of candidates: 11, selected 9, three not valid, hence I should have been automatically elected on 23 October 2013 - same applied in 2011, 2012, and many other years since then). In addition, Lot 158 had eight votes in the ballot.
On 17 August 2025 negative balance (deficit) in SP52948 Admin Fund was -$61,872.64, with legal expenses in amount of $52,510.71.
We forced the strata manager to publish the latest legal expenses (there was a possibility for them to be "moved" into next financial year), and they now amount to $52,510.71.
On 10 August 2025, we warned strata manager and the committee members that owners were already suffering: above $37,000.00 in legal fees for NCAT case this year (and that did not include unpaid Bannermans Lawyers attendance without valid legal representation at Hearing on 22 July 2025, which one committee member was trying to delay after the Hearing (they were overheard talking with the Solicitor)). Hiding such payment was very dangerous in legal terms.
Somehow, SP52948 had lot of money to waste of legal fees unnecessarily, but could not resolve other more critical problems:
Compliance with City of Ryde fire safety orders - still outstanding for many years.
Minutes of committee meeting on 21 September 2021 documented shortage of $1,515,541.00 in Capital Works Fund, without disclosure to owners at any general meeting.
Since 1 September 2023, when new financial year started with positive balance in Admin Fund of $18,759.11 (that figure is highly questionable because Waratah Strata Management created four different versions of this figure: $18,759.11 in report on 31 August 2023, $14,903.11 in report on 6 September 2023, $10,652.86 in report on 16 September 2023, and audited accounts on 11 December 2023 (46 days after legally due date) was $6,120.73; number of invoices and work moved into new financial year to give appearance of positive balance), Admin Fund has continuously negative balance (deficit) up to current period (mid-August 2025), with exception for two-week period in early February 2025 and one week in early August 2025.
Lot of major expenditures delayed or hidden from owners (roof membranes on four buildings is one of them, proper roof upgrades on 26 townhouses is another one, and much more).
Insurance premiums were paid on 26 March 2025 in total amount of $165,821.88 (GST incl). Like in FY 2022 (year ending on 31 August 2022), where SP52948 was underinsured for catastrophe, worse was done in March 2025. SP52948 was underinsured (property valued at $177,400,000.00 was insured for only $153,877,500.00).
Total expenses for the building management contract (Uniqueco Property Services) in FY 2025 were $454,942.80.00, increase of %9.62 in comparison to FY 2024 whilst the official inflation rate was 2.1% (the most recent data from the Australian Bureau of Statistics (ABS) published annual inflation in the June quarter of 2025).
As a reminder, total expenses for the building management contract (Uniqueco Property Services) in FY 2024 were $415,012.63 (split into two account codes ("Maint Bldg--Building Management" and "Maint Bldg--Building Management Expenses"), increase of 20.81% in comparison to FY 2023 whilst the official inflation rate was 2.4% as published on 29 January 2025.
Since 2014, SP52948 never ran a valid competitive tender for building and strata manegement contracts and even prevented multiple vendors from being considered at geaneral meetings.
And it gets worse: at committee meeting on 9 February 2023, Uniqueco Property Services monthly salary was increased without general meeting, giving them an extra $9,044.03 in period from March 2023 to January 2024, in spite of the following issues:
Uniqueco Property Services contract had fixed price until 31 January 2024.
Mr. Pogorelsky was unfinancial to vote.
Agenda for committee meeting scheduled for 9 February 2023 was created on 6 February 2023 at 11:48 hours.
Strata Plan SP52948 committee meeting dated 9 February 2023, as organised by Waratah Strata Management, did not satisfy requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 2, Section 4 (1) and (2), and section 7, and Interpretation Act 1987 (NSW). The Interpretation Act 1987 Section 76 specifies that the service of a document by post is taken to have taken effect on the seventh working day after the agenda was posted so this needs to be taken into consideration for the correct notice to be given (if required).
6 February 2023, Day of Notice, postage day not included
7 February 29023, First Working Day
8 February 2025, Second Working Day
Five Working Days missing
Three Notice Days missing
9 February 2023, Date of Meeting, not counted
Notice boards published the agenda in late part of 6 February 2023.
Owners who relied on postal deliveries did not receive this agenda (around 50% of them do not live in the complex).
Notice provided false statement about the date of creation: “Date of this notice: 02 February 2023”.
Agenda did not contain any details that negative balance (deficit) in Admin Fund was -$6,374.28.
As of 17 August 2025, no new income is available until next collection of levies on 1 November 2025.
This financial year will be remembered with absolutely worst negative balance (deficit) in Admin Fund in amount of -$375,415.62 (reached on 30 April 2025).
Since the financial year ends on 31 August 2025, it means this will be the second year in the row that Admin Fund ends with negative balance.
Waratah Strata Management failed to comply with repeated Tribunal orders made at Hearing on 22 July 2025 to provide access to strata files by 12 August 2025.
In panic, on 15 August 2025 (Friday afternoon), Bannermans Lawyers tried to bully an owner to force extension of time for strata file access.
Here is what the owner responded with (CC-ed to strata manager and committee members who did not respond so far):
Dear Bannermans Lawyers,
Just saw this email sent in rush by you today. Reasonable person would conclude that it appears you counted on the Applicant not seeing this email until next week (weekend has already started), when it would have been "too late" for them to respond. Not a very nice action by you, who claim to have high skills and reputation.
People in panic almost always make serious mistakes. And you are giving "the deadline" of one working day (by 18 August 2025 at 10:00)!? Very generous, indeed!
Please do not insult the Applicant's character with the baseless and weak excuses whilst seeking extension of time. The Respondents are persistently exhibiting contempt of court and wasting Tribunal and my time, at high cost to owners without any benefits.
Had the Respondents acted with any decency and ethics, and informed all owners of this NCAT case in a proper manner, the Applicant would have considered an option to help them.
Three attachments, created or orchestrated by Mr. Pogorelsky whilst he was unfinancial (without full disclosure to owners and the Tribunal), best show our points:
Mr. Pogorelsky's submission to CTTT in case SCS 11/00711.
Mr. Pogorelsky's submission to CTTT in case SCS 12/05845.
Mr. Pogorelsky's secret letter to all owners (not sent to the Applicant) on 20 July 2017, with horrendous lies with attempt to discredit the Applicant.
The Respondents do not selectively choose when to contact the Applicant and when to ignore them.
NCAT case is not a game and not something for the Respondents to play with. I am sure you are aware that another submission to OLSC about Solicitor's misconduct will happen next week. This email will be part of that submission.
1) Respondents' request for extension of time in accordance with the attached orders is refused for the following reasons:
At AGM on 28 November 2024, directly orchestrated by committee members and strata managers, they rejected Applicant's request for access to strata files. Bannermans Lawyers attended the first Directions Hearing on 15 January 2025 without evidence of legal representation.
Bannermans Lawyers failed to comply with request at first Directions Hearing (did not deliver their files on or before 12 February 2025 in reply to the Applicant’s objection to legal representation and their points of defence).
Bannermans Lawyers attended the second Directions Hearing on 20 February 2025 without evidence of legal representation and relied on false defence of ratification of committee meeting dated 6 January 2025 at committee meeting on 6 February 2025.
Bannermans Lawyers attended first full Hearing on 22 April 2025 without evidence of legal representation and again relied on false defence of ratification of committee meeting dated 6 January 2025 at committee meeting on 6 February 2025.
Bannermans Lawyers attended second full Hearing on 22 July 2025 (fully unprepared, in spite of receiving Applicant's evidence dated 7 July 2025) without evidence of legal representation but this time relied on false defence of ratification of committee meeting dated 6 January 2025 at EGM on 27 May 2025.
Mr. Pogorelsky failed to comply with Tribunal issue of summonses on 7 March 2025.
After Applicant's complaints, Mr. Pogorelsky submitted his LIMITED files in return of summonses on 17 March 2025, but deliberately failed to serve them on the Applicant, until Senior Member helped to get them at Hearing on 22 July 2025. Waratah Strata Management failed to comply with the Tribunal orders issued on 22 April 2025.
Waratah Strata Management failed to comply with the Tribunal orders issued on 22 July 2025.
2) Bannermans Lawyers directly failed to respond to the Applicant's emails seven times and those requests are still OUTSTANDING.
3) Waratah Strata Management and committee members failed to inform the owners about the Tribunal orders made on 22 and 23 July 2025:
They were not published on any of six notice boards in period from 22 July 2025 to 14 August 2025 (video and photo evidence was collected).
They were not published on Waratah Strata Management secure website (screenshots were collected).
They were not sent by post or emails to all owners and tenants.
4) The attached files are examples of Applicant's attempts to reason with Waratah Strata Management and committee members. They were all ignored.
5) Mr. Pogorelsky's return of summonses on 17 March 2025 and witness statement on 20 March 2025 have created an immense problem for the Respondents' defence.
6) Waratah Strata Management must provide access to ALL strata files (especially BANK STATEMENTS and DETAILED REVENUE AND EXPENDITURE STATEMENTS). It is the Applicant's legal right and goes beyond the Tribunal orders.
There is also an outstanding issue of access to two very specific CCTV recordings, which strata manager is fully aware of.
7) Financial period from 1 September 2023 to 31 August 2024 - Income & Expenditure Reports for May, June, July, August 2024 and up to 16 September 2024 confirm unpaid gas heating levies, Mr. Pogorelsky failed to comply with Tribunal orders to provide evidence of payment.
8) Financial period from 1 September 2024 to 31 August 2025 - Income & Expenditure Reports for May, June, July 2025 and as of 15 August 2025 confirm unpaid gas heating levies, Mr. Pogorelsky failed to comply with Tribunal orders to provide evidence of payment.
9) Waratah Strata Management should have provided access to strata files on time. They must actually be published for all owners on strata manager's secure website.
10) Very busy with work and cannot accommodate strata manager's "offer" to see just a few files in next five working days.
You must provide the Applicant's response to the Tribunal unredacted and with attachments, and strata manager must share it with all owners by end of business hours on 18 August 2025.
