Welcome to the blog of NSW strata investigative journalism
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.
The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...
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, NCAT, Supreme Court, and Police. The same files were repeatedly sent to Solicitor Adrian Mueller, committee members and strata managers - silence is their response.
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 - examples:
NSW-Civil-Tribunal-failing-to-deliver-services
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).
Since 1999, SP52948 owners have been exposed to threats and bullying by telecommunications companies and carriers to forcefully approve installation of their equipment on roofs of buildings.
Prudent action by the committee and owners at AGM on 29 September 1999 rejected proposal by Lucent Techologies. The lure to pay pitiful rental fee for using common property did not succeeed and Lucent Techologies efforts failed:
In 2003, the committee member with highest skills in telecommunications (Lot 158) did not attend the committee meeting, and BigAir took the opportunity to get approval to install antennae on roof of Block C, without due dilligence and without owners corporation decision at any general meeting. This contract was highly detrimental for owners, who lost significant income for unpaid rental fees and usage of electricity ion period from 2004 to 2018. Waratah Strata Management accepted Deed of Settlement in 2018 without owners corporation approval:
Waratah Strata Management and committee members prevented Lot 158 from informing owners about this appalling outcome of the Deed:
The sum of $12,000.00 allegedly agreed by owners corporation (without any knowledge of the contract), has two additional problems, apart from the fact that the sum is negligible and does not cover market values for renting common property, solicitor's costs, electricity costs, 5% of all earnings by BigAir since 2004, and similar, and fees paid to Grace Lawyers who were approved to deal with removal of BigAir in 2013/2014 without decision to general meeting, then failed to meet the expected tasks and causing expenses in amount of $4,171.95 (GST inclusive).
On 25 November 2015, The Australian Taxation Office issued Taxation Ruling TR 2015/3. Of special importance to owners is their personal liability for tax:
Income from common property (other than personal property) is taxable in the hands of the individual proprietors in proportion to their unit entitlements
Latest attempt is by Gigacomm as listed in minutes of two committee meetings dated 1 December 2021 and 10 February 2022:
Agenda was created on 25 November 2021 and scheduled for 1 December 2021. Excluding date of creation, meeting date, and the weekend, ONLY three days were allowed for delivery of notice to all owners. As per Strata Roll dated 31 January 2017, more than 32% of owners had requested postal delivery of notices – that figure is hidden from owners by Waratah Strata Management in subsequent years.
Agenda was not detailed, as required by SSMA 2015 and was not sent to Lot 158.
Extract from alleged minutes of committee meeting on 1 December 2021, showed plan to ask all owners to vote on the Gigacomm's proposal at general meeting:
Agenda was created on 7 February 2022 and scheduled for 10 February 2022. Excluding date of creation, meeting date, and the weekend, ONLY two days were allowed for delivery of notice to all owners. As per Strata Roll dated 31 January 2017, more than 32% of owners had requested postal delivery of notices – that figure is hidden from owners by Waratah Strata Management in subsequent years.
Agenda was not detailed, as required by SSMA 2015 and was not sent to Lot 158.
Agenda also contained statement that all proposal communication with Gigacomm was attached, but no additional files were provided to owners that differ from November 2021.
Notice of paper committee meeting, without designated venue was published on notice boards as late as 13:30 hours on 8 February 2022, and scheduled for 10 February 2022, without venue and time. Solicitor Adrian Mueller was requested to respond about this meeting and he declined.
Owners were prevented from having any information about Solicitor Adrian Mueller and his work in agenda for the meeting, which failed to disclose actions related to NCAT case SC 20/33352.
Minutes of the committee meeting were not published on notice boards. Lot 158 has photo evidence.
Minutes did not provide any information to owners about Solicitor Adrian Mueller’s actions and confirmed that offers by Lot 158 (including request to maintain common property) were ignored.
Since February 2022, Waratah Strata Management and committee members stayed silent and failed to provide any further information to owners.