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| From: | SP52948 owner |
|---|---|
| To: | 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: | SUMMARY Incomplete agenda for EGM 2023 on 30Nov2023 with extreme risk of bankruptcy |
| Date: | 10/11/23, 08:15 |
Good morning,
1) Lot 200 (Mr. John Gore) sold his townhouse on 4 November 2023, without disclosure to owners.
He is effectively not a valid member of the committee even before
AGM on 26 October 2023 due to non-disclosure of his advanced plans
to sell his property.
Attachment "SP52948-Lot-200-sold-prior-to-auction-4Nov2023.png".
2) Lot 200 had six proxy votes at AGM 2023 without disclosure that he planned sale of his townhouse before the meeting.
Attachment "SP52948-six-proxy-votes-for-Lot-200-AGM-26Oct2023.png".
3) Whilst already defunct committee member, Mr. Gore received Building Management Australia tender, which offers higher services.
However, they are not directly comparable to offer by Uniqueco Property Services so another round of talks with Building Management Australia is required.
Details of the tender documents provided to Building Management Australia must match those for Uniqueco Property Services to give everyone a "fair-go".
4) On 19 July 2023, Uniqueco Property Services made an offer for new three-year contract, asking for increase of 26.68% over next three years, in spite of clear evidence of poor services, decreased quality of services, lack of proactive maintenance, and repetitive repairs without warranties.
Lot 200 (Mr. Gore) strongly supported Uniqueco Property Services and recommended their contract renewal.
Attachment "SP52948-Lot-200-justification-to-support-Uniqueco-Property-Services-through-false-statements-for-committee-meeting-in-Sep2023.png".
5) On 1 September 2023, Waratah Strata Management prepared agenda for committee meeting and in Motion 4 listed:
BUILDING MANAGEMENT FEE PROPOSAL
That the fee proposal submitted by Uniqueco Pty Ltd for building
management pricing for 2024, 2025 & 2026 be tabled and
discussed.
[Explanatory Note: The fee proposal will be tabled at the meeting and reviewed by the Strata Committee before being put to the Annual General meeting.]
6) Strata Plan SP52948 committee meeting dated 7 September 2023, as organized by Waratah Strata Management, did not satisfy requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 2, Section 4 (1) and (2), and section 7, and Interpretation Act 1987 (NSW).
Agenda was created on 1 September 2023 and scheduled for 7 June
2023. Excluding date of creation, meeting date, and the weekend,
only three days were allowed for delivery of notice to all owners:
The minutes of the meeting stated:
BUILDING MANAGEMENT FEE PROPOSAL
Resolved that the fee proposal submitted by Uniqueco Pty Ltd for
building management pricing for 2024, 2025 & 2026 was tabled
and discussed. It was noted that countless comments of positive
feedback regarding Steve's services contribute to a
recommendation from the committee to accept Uniqueco's fee
proposal. The Chairperson Report tabled at the AGM will provide
more detail of this recommendation.
Attachment "SP52948-extract-from-minutes-salary-increases-for-building-management-contact-7Sep2023.png".
7) In agenda for AGM 2023, Lot 200 (Mr. Gore) mislead all owners by providing false statements in effort to push for Uniqueco Property Management renewal without any tender.
Attachment "SP52948-Chairperson-John-Gore-misleading-and-false-statements-agenda-AGM-2023.png".
In spite of 92 owners being presented at the meeting (only 15 in person of which 9 were FY 2023 committee members, all others were proxy votes), Lot 158 decisively prevented renewal of the contract with Uniqueco Management Services.
Waratah Strata Management did not "forget" to include Motion for building management contract at AGM 2023. It was a deliberate, premeditated plan.
8) Waratah Strata Management again "forgot" to add Lot 158
motions for EGM on 30 November 2023 (Motions were well-prepared
and sent on 30 October 2023).
And Auditor's Report is yet again not provided to owners in
agenda for EGM on 30 November 2023. That is sixth general meeting
(out of eight) that did not comply with Clause 21 of the Strata
Schemes Management Regulations 2016 and Section 95 of the Strata
Schemes Management Act 2015.
That is a serious misconduct and effort to bankrupt owners corporation:
https://www.nswstratasleuth.info/SP52948-Motions-by-Lot-158-EGM-public-30Oct2023.pdf
9) Negative balance (deficit) in Admin Fund on the last day of the quarter (31 October 2023) was record -$312,113.03.
Event after collection of new levies on 1 November 2023, negative
balance in Admin Fund on 9 November 2023 was already deep into
negative: -$122,658.53. And there will be no new income
(only mounting expenses) until next collection of levies almost
three months away on 1 February 2024.
Attachments
"SP52948-Income-and-Expenditure-Report-1Sep2023-to-31Oct2023.pdf"
and
"SP52948-Income-and-Expenditure-Report-1Sep2023-to-9Nov2023.pdf".
Where will the money come from for all standard expenses in next three months and throughout FY 2024?
10) Alleged building management tender is incomplete, and
recommendation to increase Uniqueco Property Services contract by
26.68% over next three years is excessive, not based on real value
and quality of their services.
Real costs to owners already increased for Uniqueco Property
Services too much in the past, whilst their services decreased and
became poorer.
| 2015 | Uniqueco Property Services | $275,838.00 (difference to previous year: 8.78%, contract RS/RH 081394 signed on 7 December 2014 by two committee members of which one of them - Mr. Moses Levitt of Lot 147 was unfinancial due to unpaid levies since 2001) | 1.51% |
|---|---|---|---|
| 2016 | Uniqueco Property Services | $292,912.00 (difference to previous year: 6.00%, minutes of committee meeting held on 21 March 2016 renewed contract for another year without any tender, although its expiration date was nine months later on 7 December 2016, contract value increased by 2% without owners corporation decision at general meeting on 22 April 2016) | 1.28% |
| 2017 | Uniqueco Property Services | $291,507.13 (difference to previous year: -0.48%, contract renewed without tender at general meeting on 24 October 2017 and signed by two unfinancial owners - Mr. Moses Levitt and Mr. Stan Pogorelsky of Lot 147 and 181 due to unpaid levies since 2001 and 1999 respectively, increasing the contract value by 4% per year) | 1.95% |
| 2018 | Uniqueco Property Services | $306,837.99 (difference to previous year: 5.12%) | 1.91% |
| 2019 | Uniqueco Property Services | $293,031.44 (difference to previous year: -4.60%) | 1.61% |
| 2020 | Uniqueco Property Services | $330,986.89 (difference to previous year: 12.16%, contract renewed without tender at general meeting on 22 October 2020) | 0.85% |
| 2021 | Uniqueco Property Services | $339,249.60 (difference to previous year: 2.46%) | 2.86% |
| 2022 | Uniqueco Property Services | $339,741.00 (difference to previous year: 0.14%) | 6.59% |
| 2023 | Uniqueco Property Services | $343,507.47 (difference to previous year: 1.1%, undisclosed increase of 2.0% since February 2023) | 5.4% as published by ABS on 25 October 2023 |
Attachment "SP52948-building-management-contracts-1999-to-2023.png".
11) On 27 October 2023, Lot 158 sent direct request to Waratah Strata Management and Uniqueco Property Services to complain about delays in maintaining common property in Block A.
Refer to emails
"SP52948-Lot-158-unresolved-common-property-issues-Oct2023.pdf"
and "REQUEST to BUILDING MANAGER - Overdue repairs and actions for
SP52948 Lot 158 common property-27Oct2023.pdf".
No reply was received, or any action taken by them.
12) On 27 October 2023, Lot 158 sent direct request to Waratah
Strata Management and Uniqueco Property Services to justify FY
2023 invoices and expenses in amount of $122,843.87 (GST excl).
Attachment "SP52948-AGM-2023-dubious-invoices-24Oct2023.pdf".
No reply was received, or any action taken by them.
Regards,
Good morning,
AGM 2023 proved to be a complete failure due to lack of planning and proper procedures, as anticipated.
To avoid any further "games", Lot 158 submits updated Motions for EGM or AGM (whichever comes first) on 30 October 2023.
My wife also resubmitted my candidacy for the committee because Lot 200 failed to notify owners corporation about him leaving the complex, so his name should not have been on electronic poll.
In fact, Domain website claimed that Lot 200 sale was known to them since 24 October 2023 (two days before the AGM). Lot 158 collected such evidence.
Another question would be if any owners gave proxy votes to Lot 200 without having knowledge that Mr. Gore had plans to "abandon" the complex before the actual meeting.
