Investigative Journalism and Learning Hub - Waratah Strata Management ignored complaint about SP52948 providing illegal smoking facility behind fire door 2 in Block A

From:	SP52948 owner
To:	Robert Crosbie Waratah Strata Management
Subject:	REQUEST FOR IMMEDIATE ACTION: SP52948 providing illegal smoking facility behind fire door 2 in Block A
Date:	20/12/18, 10:33 pm

Hi,

This is an email in compliance with Motion 19 at Annual General Meeting 2018 (strata affairs directly affecting Lot 158).

Waratah Strata Management failed to ensure compliance with NSW strata acts, SP52948 by-laws, and OH&S regulations in regards to smoking, by silently providing facility for smoking behind fire door 2 in Block A.

By doing so, they created:

• Deliberate nuisance to owners, especially in Block A,
  
• Smoking facility which is not approved by owners corporation at any legally-convened meeting,
  
• Discrimination against owners in Block A as such smoking facility is not setup in other building block in the complex,
  
• Serious health hazard for fragile owner of Lot 158 due to smoke drift into two bedrooms and the balcony,
  
• Secondhand smoke - harmful to health, and there is no safe level of exposure (Cancer Council NSW),
  
• Damage to furniture and cloths in Lot 158 due to persistent cigarette smell,
  
• Regular obstruction of fire door 2 in Block A,
  
• Poor disposal of cigarette butts,
  
• Problems by not ensuring that emergency exits are adequate at all times,
  
• strata manager failed to comply with EC decision on 12 April 2018,
• Security risk at night since fire door 2 is actively used for smoking but not monitored for access.

Patient attempts to reason with Waratah Strata Management and failed. On 26 October 2016, two staff members of bulding manager told me the following when questioned about smoking near Block A:

1. They were "not paid enough" to provide better services!?
2. They did not know what to do about smoking although they had full knowledge of the non-compliance with the strata by-laws.
   

The following immediate actions are requested, without any delays:

a) Written response by Australia Post to Lot 158 who, and at which SSMA 2015 legally convened EC meeting, approved smoking in basement and behind fire door 2 in Block A?

b) Written response by Australia Post to Lot 158 why Waratah Strata Management continue to support smoking near Block A?

c) Written response by Australia Post to Lot 158 when were owners and tenants publicly notified about smoking facility in basement and near fire door 2 in Block A?

d) Removal of ashtray behind fire door 2 in Block A and permanent prevention of that area, the basement, and near the buildings and townhouses to be used for smoking.

e) More appropriate signs about smoking to be put on all fire doors and other locations within the complex,

f) Compulsory signs about penalties for abuse of fire exits to be installed,

g) Notice about smoking problem to be documented at the next EC meeting, including reasons for Lot 158 repetitive complaints.

Regards,

• SP52948-facilitating-smoking-Dec2018.pdf