Investigative Journalism and Learning Hub - Letter of Demand for Thomas Karolewski on 3 October 2020

From:	SP52948 owner
To:	Thomas Karolewski
Subject:	Letter of Demand on 3Oct2020
Date:	3/10/2020, 17:02

Dear Sir,

The undersigned, without prejudice, hereby demands that you confirm or refute Lot 158 statements that:

a) Since you became member of the committee, at AGM 2017, 2018, and 2019, owners did not pay full prescribed levies for gas heating, including 10% simple interest per year, and were allowed to vote and be elected on the committee without disclosure of facts,

b) BCS Strata Management and Solicitor Adrian Mueller deliberately engaged in the following actions:

• Illegal engagement of Solicitor Adrian Mueller in representation of strata plan SP52948 in Fair Trading case SM12/1537JR, CTTT case SCS 12/32675, and CTTT case SCS 12/50640 which by November 2014 alone caused losses to owners corporation in amount of $62,218.77,
• Four fraudulent insurance claims for Solicitor Adrian Mueller’s legal costs in non-existent “CTTT defense of Lot 3”, amounting to $28,511.24 (GST incl) paid to strata plan SP52948 in 2012 and 2013, where CHU Insurance forced the strata corporation to repay $8,800.00 in 2017,
• Had knowledge of creation of false statements in BCS Strata Management strata manager’s Statutory Declaration to CTTT on 19 April 2013,
• Had knowledge of creation of false statements in BCS Strata Management strata manager’s Affidavit to District Court on 31 January 2014,
• Had knowledge of strata plan SP52948 paying more than 70% increase in insurance premiums in 2012 due to high risks with legal claims for Solicitor Adrian Mueller, disregarding warnings by AJG Insurance Broker and CHU Insurance on 1 August 2012,
• Silently refused to provide assistance to Police in Event E65804633 since 2018,
• Failed to act upon Lot 158 complaints and evidence since 2012, including multiple offers for free mediation at Fair Trading NSW, and provided misleading statements to CTTT, knowing they were untrue,
• Allowed unfinancial owner to vote and be elected as members of the committee,
• Risked well-being and safety of Lot 158 and his family due to continuous efforts to pervert the course of justice.

c) You were given enough information by Lot 158 to raise your awareness of risks by engaging Solicitor Adrian Mueller and related legal parties in 2017, 2018, 2019, and 2020,

d) You were given enough information by Lot 158 about two data losses at Waratah Strata Management (lost USB key and ransomware attack) that should have raised serious concerns for members of the committee,

e) Waratah Strata Management provided you with evidence of the above events that was given to them as part of 2020 Fair Trading NSW mediation case 00351498 and NCAT case 20/33352,

f) Waratah Strata Management provided you with evidence that they refused to add Motions for strata and building management contract renewals in spite of advance notice since 30 July 2020, preventing tenders for contracts valued at around $400,000.00 per year,

g) Waratah Strata Management provided you with evidence that they refused to add Lot 158 Motions at AGM 2017, 2018, 2019, and 2020 without legal grounds.

(“the Action”)

Please note that if I have to commence legal proceedings in order to require your performance of the Action (items listed above), this letter will be tendered in court as evidence of your failure to attempt to resolve this matter.

Further, you may be liable for any court costs, lawyer fees and damages, including punitive damages.

You might want to contact a lawyer to discuss your legal right and responsibilities.

Your sincerely,