Investigative Journalism and Learning Hub - Waratah Strata Management knowingly prevented SP52948 owners corporation from collecting correct levies for private gas heating on 21 September 2019

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From: SP52948 owner
To: Robert Crosbie Waratah Strata Management
Subject: Re: REQUEST FOR OFFICIAL RESPONSE: Waratah Strata Management knowingly prevents owners corporation from collecting correct levies for second gas connection on 21Sep2019
Date: 21/9/19, 10:03 pm

Hi,

Very valuable information was found during strata search yesterday, in spite of most financials and invoices missing.

a) No response was received and Waratah Strata Management continued to mislead the owners and avoid responsibility for collecting correct levies, directly affecting Lot 158 financials.


b) Waratah Strata Management is directly responsible for failing to notify owners that strata levies must be paid even when receipt of levy notice is missing, which applied to Lot 90 at AGM 2018. Excuse by Lot 181 (and others who failed to pay prescribed levies and interest when due) that they did not pay levies for second gas connection do not stand any grounds.


c) Waratah Strata Management (and predecessor BCS Strata Management) are directly responsible for failing to notify owners that strata levies must be paid even when receipt of levy notice is missing, which applied to Lot 90 at AGM 2018.

If owners are not willing to pay for overdue levies, then strata agencies can be sued for professional negligence. Easy win for owners and no expenses to them.

By the same token, to "vote" not to comply with the gas levies by-law:


d) Please provide names of owners who allegedly "will not be willing or able to provide details" of their gas connections. That would be in direct non-compliance with the Special By-Law.

Lot 158 has evidence for decent number of years and, unless Waratah Strata Management admits that they lost the financials for previous years, it is duty of strata agency to apply the levies in a prescribed manner.


e) Waratah Strata Management is directly responsible for failing to notify owners about:

Strata Schemes Management Act 1996 – Section 78 manner of levying contributions

Strata Schemes Management Act 1996 – Section 79 interest and discounts on contributions

Strata Schemes Management Act 1996 – Part 2 Section 10 persons entitled to vote at general meetings

Strata Schemes Management Act 2015 Section 260 personal liability

Strata Schemes Management Act 2015 – unfinancial owners and conflict of interest


f) Waratah Strata Management still refuses to notify owners that Lot 158 offers to provide forensic auditors (reputable Certified Practising Accountants (CPA)) to SP52948 for free.


g) Disconnection of second gas outlets before AGM 2019 (like Lot 148 did it suddenly) will not decrease their liability to pay for outstanding levies (including 10% simple interest per year).


h) It is noted that sudden creation of folder for gas connections (see attachment) does not meet requirements:
  • Incomplete listing of owners with gas connections,
  • Incomplete list of approvals to install second gas connections at EC meetings or via direct emails from strata manager to owners,
  • Photos of current state of ALL gas connections and proof if they are disconnected and evidence from the certified plumbers,
  • Evidence that all outstanding gas levies were/are paid including 10% simple interest per year.

Regards,