| From: | SP52948 owner |
|---|---|
| To: | Steve Carbone, Sandra Carbone |
| Cc: | Robert Crosbie, Heath Crosbie |
| Cc: | Committee members: Stan Pogorelsky, John Gore, Genelle Godbee, Ramesh Desai, Kathryn Cutler, Carlos Fornieles Montoya, Andrew Ip, Jeffery Wang |
| Subject: | REQUEST to BUILDING MANAGER - Overdue repairs and actions for SP52948 Lot 158 common property in Oct2023 |
| Date: | 27/10/23, 07:50 |
Good morning Uniqueco Property Services staff,
a) By now, you have probably heard that Lot 158 prevented an attempt to renew your contract at AGM 2023, where Chairperson Mr. John Gore claimed they did not extend it for three years without general meeting in spite of what he wrote in agenda for AGM 2023:
Mr. Gore completely failed to justify his
statements at AGM 2023 when challenged about figures and
details. His made-up figures and misleading statements held no
ground.
b) At AGM 2023, few committee members were strongly wishing not to have tender for building management, which would be against the law.
What they wish is irrelevant and we will make sure
that the tender for the management contract is valid.
To give "fair go" to all parties, Uniqueco
Property Services is requested to analyze and action issues
listed in attachment "
SP52948-Lot-158-unresolved-common-property-issues-Oct2023.pdf".
As Extraordinary General Meeting is due soon
(waste of owners corporation money due to lack of proper
preparation of AGM 2023), it is strongly advisable that
responses from the building management be prompt.
c) At AGM 2023, negative balance (deficit) in Admin Fund is -$307,580.90 without disclosure to owners.
Mr. Carbone prevented Lot 158 message to be put on notice boards (or near them), directly attempting to influence AGM 2023.
d) After sending our email on 24 October 2023,
Waratah Strata Management suddenly added expenses for building
manager with decreased salary but still above the values in
contract which expires on 31 January 2024.
AGM 2023 was notified by Lot 158 that NCAT can terminate oppressive building management (or strata management) contract, as shown in January 2022, where the Tribunal exercised its power to terminate a building management agreement for the first time, in the case of The Owners- Strata Plan No. 64807 v Sunaust Properties Pty Ltd [2022] NSWCATD 20. After concluding that section 72 of the SSMA applied to the Agreement, the Tribunal determined that the Agreement should be terminated under section 72 on the basis that: the BM had failed to perform the Agreement satisfactorily, the charges payable by the owners corporation under the Agreement were unfair, the Agreement was otherwise harsh, oppressive, unconscionable or unreasonable.
The Tribunal identified the following conduct as evidence that the building manager had failed to perform the Agreement satisfactorily:
- the Agreement was otherwise harsh, oppressive, unconscionable or unreasonable
- building manager regularly failed to act on instructions given by the strata managing agent for the OC, including its requests for CCTV footage and access passes, contrary to the Agreement
- building manager charged fee increases and additional fees inconsistent with the terms of the Agreement - further, there was no evidence to support a finding that the Agreement had been varied by, or the additional payments had been approved by, the strata committee
- the circumstances surrounding the attempt by building manager to halt the AGM were knowingly false and improper and were intended to avoid a resolution for an audit being made at the AGM.
e) As per contract with SP52948, Uniqueco Property Services is directly responsible for maintaining common property, helping with long-term plans for maintenance and upgrades, and protecting common property from damage and misappropriation.
Three items Uniqueco Property Services is asked to confirm:
Following breakdown of expenses for the painting project that was known as early as 3 March 2017:
Block A: $117,700.00 (including GST)
Block B: $117,700.00 (including GST)
Block C: $117,700.00 (including GST)
Block D: $117,700.00 (including GST)
Various Structures: $66,000.00 (including GST)
Townhouses: $92,950.00 (including GST)
Total cost: $629,750.00 (including GST)
There is no evidence of any significant work being done on townhouses (including roofs) during alleged major upgrades in the complex in 2017:
Pergolas (there was a private pergola replacement for Lot 196 one-and-half years after major upgrades in the complex - May2019),
Colorbond fences,
Wooden fences towards neighboring property,
Window frames,
Doors,
Garage doors,
Townhouse carport lattices (one year later, Lot 209 submitted Motion at AGM 2018, to replace townhouse carport lattices, which was rejected),
Bollards,
Front-yard tree lopping (it was actually done in rush just before AGM 2020),
Roof that comprised: high-pressure clean, spray at least one coat of sealer and two coats of paint, repoint roof where necessary with flexipoint, repair flashing down gables, replace broken or damaged tiles (only few replacements are visible), clean all gutters and downpipes, clean job site
Project supervisor confirmed that $4,647.00 for retention work was not paid yet on 5 July 2017:
SP52948-Townview-progress-summary-alleged-invoices-for-major-painting-project-5Jul2017.png
Townhouse timber was repainted six years earlier in 2011 at cost of $61,490.00 (GST incl) without proper tender process:
SP52948-townhouses-timberwork-painting-contract-1Aug2011.pdf
-
Missing timber for second half of fence behind townhouses.
SP52948-REQUEST-FOR-MAINTENANCE-Wooden-fence-behind-townhouses-on-7Jul2020.html
SP52948-failed-maintenance-wooden-fence-behind-townhouses-2Feb2021.html
Part of rotten fence was suddenly replaced in early June 2021, and there was some leftover timber for the fence towards M2 motorway:
SP52948-extra-timber-leftover-from-fence-replacement-behind-townhouses-photo-1-4Jun2021.webp
The additional timber was left on common property until around 27 October 2021, when it disappeared, without fence repairs being finalized:
An inquiry about missing common property was sent to Waratah Strata Management and four committee members (Mr. Jeffery Wang, Mr. John Gore, Mr. Stan Pogorelsky, and Mr. Thomas Karolewski) on 14 November 2021. No reply was received:
SP52948-inquiry-about-disappeared-timber-behind-townhouses-14Nov2021.html
Repeated request was sent to Waratah Strata Management and eight committee members on 19 June 2023, and four more times since then. No reply was received.
Photo evidence of fence requiring repairs is enclosed.
Waratah Strata Management and committee members failed to explain expenses in attachment "SP52948-AGM-2023-dubious-invoices-24Oct2023.pdf" at AGM 2023, whilst Auditor's Report was not completed before general meeting for fifth year (our of seven general meetings). Maybe Uniqueco property Services can shed light of some expenses which were under their monitoring.
