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| From: | SP52948 owner |
|---|---|
| To: | Robert Crosbie Waratah Strata Management |
| CC: | Frank Talarridi Waratah Strata Management |
| Subject: | REPEATED HIGH PRIORITY CONFIDENTIAL REQUEST: Immediate access to eight SP52948 files |
| Date: | 9/5/19, 11:54 pm |
Hi,
At EC meeting on 2 May 2019, the two EC members who had
vested interest in gas heating levies were present during deliberation in
respect to the matter, in non-compliance with SSMA 2015, Schedule 2, 18 Disclosure
of pecuniary interests.
31 May 2019 at 09:30 hours is fine.
Correspondence between the Police and BCS Strata
Management will be some of many documents that Lot 158 will seek
and insist on. At the end of the document search on 31 May 2019,
the listing of missing strata files will be given to the strata
manager or a representative of Waratah Strata Management for
signoff as awareness of what was not available (or difficult to
obtain) on the day. Then, those files will be requested within 10
days afterwards, as per legal rights.
Waratah Strata Management and EC members had 12 months to report lost USB and strata files.
Waratah Strata Management and EC members had five months to report owners who were NOT FINANCIAL at AGM 2018 (since October 2018).
Waratah Strata Management and EC members failed to declare AGM 2018 invalid due to lack of quorum (Lot 158 has full details of all Lots counted as valid).
Waratah Strata Management and EC
members had 12 months to force BCS Strata Management to
provide new copies of the strata files via Fair Trading and
NCAT.
Waratah Strata Management, with
delegated duties, had and still has obligation to apply
correct levies and ensure owners corporation receives rightful
income. There is no need for owners corporation to spend any
money for "forensic audit of gas levies in the financials".
Scaremongering owners will not be tolerated or allowed.
Lot 158, in the worst case, will
provide forensic auditors (reputable Certified
Practising Accountants (CPA)) to SP52048 for
free. Once the losses (of any kind, including the gas levies)
are found, an appropriate action would be taken.
As regulated by Fair Trading and strata act:
Each owner
and/or property manager needs to be aware of their owners
corporation levy cycle.
Regular periodic contributions to the administrative
fund and sinking fund of an owners corporation are taken to
have been duly levied on an owner of a lot even though notice
levying the contributions was not served on the owner.
If money is not received to the trust account at the
end of one month after it is due and payable, it bears
interest at the rate of 10% per year (as prescribed by the
regulations) from the due date until it is paid.
Owners corporation may, by special resolution at
general meeting, determine (either generally or in particular
case) that a contribution is to bear no interest.
Strata manager does not have authority to waive the
interest as it is not money owing to the strata manager.
The Courts have determined that non-receipt of a levy
notice is not a sufficient reason for non-payment.
If a lot is sold and there are unpaid levies, then both
the owner at the time the contributions were levied and the
new owner are jointly and severally liable for the payment of
the contribution and the interest payable.
Lot 158 can provide a copy of the USB at a cost of $250.00 dollars which includes labour.
Lot 158 also can provide copies of audited financials for the following years: 2003, 2004, 2007, 2008, 2009, 2011, 2012, 2013, and 2016. They are available at $3,150.00 (fees Lot 158 paid for strata document searches in period 2011 to 2017, and labour to make USB copy).
Lot 158 is in the process of confirming having several
other financial years. They can be made available at very
reasonable cost to SP52948 if they are "lost" at Waratah Strata
Management.
The reason for lost files is irrelevant. Strata manager is responsible for keeping strata files in good order at all times and at least for seven years. No excuses are accepted.
The alleged loss of USB and files was undisclosed from owners for 12 months and not presented at AGM 2018 too.
Please confirm again that financials for ALL years are available upon request and if not, which years are missing. It is hoped the seriousness of this request is understood. Missing financials for any previous year is not only an issue for Fair Trading/NCAT, but Australian Taxation Office and other legal options too.
Waratah Strata Management and EC members provided conflicting information in the Minutes of EC meetings on 21 March 2019 and 2 May 2019.
In Minutes of EC meeting on 21 March 2019 it was claimed that financials for period prior to 1 February 2017 were missing (BCS' management period):
"As the result of the missing USB, it will be impossible to determine the history of the gas point fee charges during BCS' management period"
In Minutes of EC meeting on 2 May 2019 and in your email today it was claimed that ALL financials are intact.
As well, Minutes of EC meeting on 2 May 2019
said: "2018 year, which had been inadvertently deleted from
owners levy account due to Waratah IT incident"... Waratah IT Incident was allegedly on 1 February 2019. What does it have to do with applying gas levies during FY 2018 in 2018?
These three statements by Waratah Strata Management are 100% opposite of each other. Please clarify.
The attached screenshot from 11 Jan 2017 confirms Waratah
Strata Management had no intention to deal with old problems,
including overdue gas levies.
The attached screenshot from 29 March 2017 confirms Waratah Strata Management had no intention to deal with old problems, including overdue gas levies.
The attached document confirmed SP52948 strata records loaded into Waratah computer system on 9 February 2017.
The attached Waratah Strata Management checklist for SP52948 setup from early 2017 confirms the levy arrears were processed.
The attached extract from email sent from Waratah Strata Management to BCS Strata Management lists INCOMPLETE outstanding levies for gas connections in amount of $1,109.23.
The attached email between Waratah Strata Management and Lots 147 and 181 (who themselves did not pay proper gas levies) on 27 April 2017 confirmed gas levies not charged prescribed fee of $220.00 per year before 2016.
The attached screenshot from audited general debtor
status by Kelly & Partners for INCOMPLETE receipts up to 31
August 2016 (FY 2016) showed that $1,411.66 was owed for gas
levies.
Some other evidence worth mentioning:
Robert-Crosbie-received-warnings-about-unresolved-SP52948-strata-issues-including-levies-for-second-gas-connections-4May2017
More Lot owners with second gas connections (Lot 158 has evidence).
Evidence of secret invoices without applying proper
interest rates and fees to Lots sent by BCS Strata Management in
2015 and 2016.
And much more.
Lot 158 deliberately did not ask for the copy of the Minutes, but thanks for it. Items of concern are still unresolved and unattended. Will deal with them separately.
As a side note, Lot 158 needs a guarantee that no
intimidation, harassment, and attempts to cause fear must occur
ever in the future. During 2018, three Police events were raised
by Lot 158 for stalking, attempts to intimidate, and bullying by
staff due to Lot 158 actions to bring
to justice the parties responsible for financial and strata
mismanagement:
E244254697 on 26 March 2018
E69860959 on 26 October 2018
E265804296 on 14 November 2018
Not only Lot 158 is having problems. Just last week, one
staff member acted inappropriately against
food delivery person on common property (can be found on CCTV).
Regards,
We write with regard to your various recent correspondence and respond as follows:
We are happy to book a strata inspection for you on either 24 or 31 May at 9.30am. Please confirm which date you wish to book.
As noted in the committee meeting minutes of 21/3/19 the USB provided by BCS at change of strata managers was provided to Eastwood Police to allow them to investigate the complaint you lodged with them. We have a copy of all correspondence with Detective Sergeant in relation to that lost USB. We also have a copy of all correspondence to BCS requesting they provide another copy. Thank you for advising that you have a copy of that USB. As a concerned owner at the property we are sure you will be willing to provide a copy of that USB for the Owners Corporations records. If yes, we ask you to bring a copy with you on 24 or 31 May. We are happy to reimburse you the cost of the USB if you wish.
As advised in the letter that was sent to all owners in March, Waratah Strata Management’s server was involved in a ransomware attack. This resulted in our server being encrypted. The hacker was also able to gain access to our cloud based backup service which was also encrypted. As a result a large portion of the owners corporations archive records are no longer available. All financial records are intact, along with all agendas & minutes, insurance records, strata plan files, etc. Much of our email correspondence is still available via Microsoft Exchange, but emails and other electronic correspondence that had previously been saved to our electronic archives are no longer available. We advise that all available records will be provided to you during your inspection, but make you aware some records are no longer available.
The remainder of your recent correspondence has been dealt with at the committee meeting held on 2/5/19. (Copy attached).
Regards,
Robert Crosbie
Waratah Strata Management
