Investigative Journalism and Learning Hub - Waratah Strata Management ignored concerns about SP52948 noise from illegally parked car and changed tennis booking schedule on 10 February 2019

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From: SP52948 owner
To: Robert Crosbie
Subject: FOR CONSIDERATION AND OFFICIAL RESPONSE: New schedule for tennis court bookings in Feb2019
Date: 10/2/19, 9:54 am

Hi, 

a) Thank you for finally fixing the broken lock on tennis court that Lot 158 reported in email on 21 January 2019 in email with subject:

"REQUEST FOR CONFIRMATION: Lot 158 not notified about faulty gate and permanently open entrance to basement for two days on 21Jan2019"

For more than a year, the lock was broken and allowed visitors to freely come to tennis courts and play or attend tennis lessons (a separate issues is who authorised tennis teaching for non-tenants and who is liable for any accidents in regards to insurance).

b) Thank you for organising window cleaning that Lot 158 complained about on 23 December 2018 in email with subject:

"REQUEST FOR MAINTENANCE: Failure to comply with Motion 24 since AGM on 26 October 2017 - windows cleaning for Lot 158"

c) Thank you for organising some elevator checks that Lot 158 complained about on 25 December 2018 in email with subject:

"REQUEST FOR MAINTENANCE: Elevator in Block A caused tenants in Lot 158 to travel in wrong direction three times in two months and elevator did not settle level with the floor of the building several times - 25Dec2018"

Problems have not been fixed, but that is another issue.

In accordance with SSMA 2015 Section 4 and 9,  and Motion 19 at Annual General Meeting 2018 (strata affairs directly affecting Lot 158), it is requested that evidence of decision (for example, EC meeting) about change in tennis court bookings (hours starting from 08:00 instead of 07:00 that was practised for more than 20 years) be published on notice boards, and sent to all owners. It appears none of the tenants who rent in the complex and owners received copies of SP52948 By-Laws in 2017 and 2018 after the registration of the Consolidated By-Laws.

As long as decision about tennis court is made at a valid EC meeting (by members who are financial, or delegated to strata managing agent) and provided to all owners via email, post, and on notice boards, there is no problem with such change in tennis booking times. Otherwise, such change is invalid. Staff of owners corporation has absolutely no right or powers to make such decisions. Such staff are just temporary employees of the owners corporation.

In regards to noise levels, there is a need to document the following:

a) On days like today, our strata complex is in direct flight path for planes landing at Sydney Airport. The noise levels when planes fly over the complex reach around 60 or even more dB and they start from 06:00 hours (famous Sydney airport curfew).

b) On days like today, white noise levels when nobody plays tennis at 06:00 or around 07:00 hours reach between 30-40 dB. So, even without any close-by activity in the complex, there IS NOISE.

c) On days like today, whilst documenting unauthorised smoking in the complex (no valid decision was even made to support it and there is even a By-Law to prevent smoking), very audible noise coming from park across the street where basketball players started at around 06:00 hours was detected and heard even when sitting in the gazebo. That is good 100 meters away. Owners corporation has absolutely no power to force users in the park to start playing from 08:00 hours.

d) Noise in the complex is common and in some areas persistent. Data was collected, for example, that air conditioning units in four buildings (taken from the basement of stairs on level 7) permanently generate noise of 40 to 52 dB on average (different buildings have different readings). The owners on level seven are certainly exposed to it 24 hours a day for the last 22 years.

e) Finally, a complaint on behalf of several owners about noise coming from cars illegally using unnamed park, Lot 202 DP848752, 440 Lane Cove Road, classified as Public Recreation Space, for parking at night. Lot 158 reported it to Waratah Strata Management in email with subject "REQUEST FOR INFORMATION: SP52948 Illegal use of Ryde Council land for public parking on 20Dec2018". Waratah Strata Management facilitate such illegal use of council land (case with City of Ryde has been opened). The attachment shows illegally parked cars overnight.

Smoking: Staff fail to maintain the complex in clean order regularly. Photos of ashtrays are some of the examples of neglect.

Regards,