Investigative Journalism and Learning Hub - WARATAH STRATA MANAGEMENT FAILURE: Lot 158 request for inspection of SP52948 strata records on 6 June 2022

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From: SP52948 owner
To: Robert Crosbie
Subject: WARATAH STRATA MANAGEMENT FAILURE: Lot 158 request for inspection of SP52948 strata records on 6Jun2022
Date: 6/6/22, 11:20

Good morning.

No login details have been received in designed time slots.

Such unprofessional attitude is difficult to justify or explain, and jeopardize regular work that Lot 158 runs.

Third time failed delivery of service without reasonable excuse for two sessions today:

a) At 09:00 hours in the morning of 5 June 2022 (Sunday morning).

b) At 09:30 hours in the morning of 6 June 2022 (Monday morning).

c) At 11:00 hours in the morning of 6 June 2022 (Monday morning).

This is final request for access to strata files with proposal for dates:

d) Any time from 13:00 hours on 7 June 2022.

e) Any time from 15:00 hours on 8 June 2022.

If such access is not provided, a list of required files shall be provided for direct delivery to Lot 158, and if they are ignored immediate actions through Supreme Court and Tribunal shall follow.

Thank you.


On 3/6/22 15:50, Lot 158 wrote:

Good afternoon,

No comments are necessary about the language you use. Thank you for your comments.

Reasonable professional would have advised a customer when they were not available, without need to waste time and emails about 9:00 not possible to book.

10:30 hours will be fine. Even 11:00 hours is fine.

Any strata file that is found missing will be documented (video and photo evidence shall be collected) and request sent to you for immediate release without additional cost. That applies to files related to NCAT case SC 20/33352, financial statements, audit accounts, Strata Roll, emails (especially related to Solicitor Adrian Mueller and his work), and full details of insurance claims since 2019.

Regards,

PS. Lot 158 has five open items in June 2022, which have been neglected by Waratah Strata Management and building maintenance staff. Even official statement that Lot 158 will initiate NCAT case to enforce compliance with strata laws unless owners corporation takes immediate remediation steps were ignored since February 2022:

  • Fire safety checks for external door and two smoke alarms for 2022 (not done in the first visit in January 2022 due to illness of occupants in Lot 158). When fire safety inspection is not completed in the first visit, it is a legal requirement to do it in an additional inspection, like these examples show for 2020 where 70 out of 192 units in four buildings had to be checked again.
  • Water leak damages near lighting on ceiling in sun-room (unresolved since September 2020).
  • All intercom access points were scheduled to be tested in Block A on 10 February 2022. Lot 158 complained about their device not working occasionally several times and no repair or checks were done. On 10 February 2022, Lot 158 was not visited by H&T Security.
  • Third event with horrific window frame being blown on sun-room happened in complex on 29 November 2020 (this time it was Lot 190 on level 7 in Block A). There is an outstanding task to check all sun-rooms in Block A since 1 December 2020 and this task has not been completed, at least not in Lot 158.
  • Problem in Lot 158 with water disappearing in toilet bowl and creating foul smell occurred again (problem reported and attempted to be resolved by plumbers four times since 2011). Here is the listing of previous complaints and dates:
        16 November 2011 (sent to BCS Strata Management)
        12 April 2014 (sent to BCS Strata Management)
        11 April 2014 (sent to BCS Strata Management)
        27 November 2019 (sent to Waratah Strata Management)
        21 May 2022



On 3/6/22 09:50, Robert Crosbie wrote:

What a stupid comment. Do you think we are going to set you up with unrestricted access to the strata records for the entire weekend? Someone has to be in the office to open a TeamViewer connection for you immediately prior to you connecting. 6 June 2022 at 9.00am is not available. 10.30am is the earliest time available.

-----Original Message-----

From: Lot 158

Sent: Thursday, 2 June 2022 7:02 PM

To: Robert Crosbie

Subject: Re: FW: OFFICIAL SUBMISSION: Lot 158 request for inspection of SP52948 strata records on 25May2022

A response without any sense.

Electronic access does not require Waratah staff to work on Sunday.

Staff with skills can organize access through scheduled date and time.

In any case, let it be Monday morning from 09:00 hours of 6 June 2022.

On 2/6/22 14:00, Robert Crosbie wrote:

No. We do not work Sundays.

Regards,

Robert Crosbie
Waratah Strata Management
P.O. Box 125, Eastwood NSW 2122
Fx (02) 9114 9598

-----Original Message-----

From: Lot 158

Sent: Thursday, 2 June 2022 11:52 AM

To: Robert Crosbie

Subject: Re: FW: OFFICIAL SUBMISSION: Lot 158 request for inspection of SP52948 strata records on 25May2022

Please provide access from 09:00 hours in the morning of 5 June 2022 (Sunday morning).

Thank you.

On 2/6/22 11:01, Robert Crosbie wrote:

Your deposit has now been received. Please advise when you require access.

-----Original Message-----

From: Lot 158

Sent: Monday, 30 May 2022 8:04 AM

To: Robert Crosbie

Subject: Re: OFFICIAL SUBMISSION: Lot 158 request for inspection of SP52948 strata records on 25May2022

Good morning,

Payment in amount of $34.10 was completed this morning. Screenshot of the payment is enclosed.

Please proceed with providing immediate electronic access to all strata files as prescribed by the law.

Regards,

On 27/5/22 15:15, Robert Crosbie wrote:

Please have the decency to put your name to your correspondence so we know who to respond to.

Access to the Owners Corporations records can be provided upon payment of the fee of $34.10 for the first hour prescribed by the regulations. This fee can be paid by EFT to Strata Plan 52948, BSB 182222 A/c No 212843833. Please provide notification of when this payment has been made, including the bank BSB and account number details so this payment can be identified on the bank statement.

Once the fee has been paid arrangements will be made for access to the records via Teamviewer.

Regards,

Robert Crosbie

Waratah Strata Management

P.O. Box 125, Eastwood NSW 2122

Fx (02) 9114 9598

-----Original Message-----

From: Lot 158

Sent: Wednesday, 25 May 2022 11:50 AM

To: Robert Crosbie

Subject: OFFICIAL SUBMISSION: Lot 158 request for inspection of SP52948 strata records on 25May2022

Good morning,

In compliance with SSMA 2015 Section 182, we submit notice to the owners corporation with request for inspection of records of owners corporation.

Due to multiple occurrences of Covid-19 in the family, current flu season, monkeypox threats, and health risks to Lot 158 in shared spaces, document viewing is requested through electronic access as the only reasonable and safe option, as allowed per SSMA 2015 Section 183(3).

Electronic access can be provided via website portal (same way all strata documents are allegedly offered to committee members already), or on USB, which Lot 158 is happy to provide.

As per SSMA 183(2), owners corporation must immediately give a written notice fixing a specified time within three days after receiving the application and no latter than 10 days after receiving the application.

Strata agency must keep/provide ALL documents for the last seven years, as per SSMA 2015 Section 180 (inclusive of all correspondence between the executive committee, the strata manager and any service provider or lawyers). If something is missing the Act allows an owner to request that it be produced within 10 days.

Please provide invoice for the inspection fee and information on what kind of electronic access will be provided.

Your co-operation is appreciated for further actions at Supreme Court and OLSC.

Regards,

PS. Details of CA decision were published yesterday, as predicted in advance by us.

In anticipation of the outcome, insurance company has already been approached to provide details of $19,758.14 in Income & Expenditure Report, meaning that most of Solicitor's Costs were already recovered before the CA decision.

It does not have any sense for owners corporation to recover alleged legal costs of Solicitor Adrian Mueller twice, which includes Solicitor's work on non-NCAT related events: "defamation" and advice on how to remove Lot 158 Motions at AGM 2020.

We believe that all submissions with allegations of insurance fraud must be investigated thoroughly.