Number of SP52948 owners, tenants, and investors expressed gratitude towards this website as that was the only way to gain access to lot of critical information, which is not available in minutes and notices of meetings, or on Waratah Strata website.
The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...
This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere. All files on this website were provided to Fair Trading NSW, Office of legal Services Commissioner, NCAT, Supreme Court, and Police. The same files were repeatedly sent to Solicitor Adrian Mueller, committee members and strata managers - silence is their response.
Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of services provided by those who should enforce laws are common and frequent - examples:
NSW-Civil-Tribunal-failing-to-deliver-services
Democracy should be the leading avenue for managing strata complexes. But, democracy requires high level of sense and ethics, and right for all owners to have full access to strata files in order to make informed decisions. And when that does not happen, how to proceed? One way is to educate public and rise awareness that license to be a strata manager is one of the easiest in any industry: Strata Community Australia (SCA) are offering a three-day course on qualifying to be a strata manager with no prior educational requirements (apparently educational requirements are fulfilled by completing the course).
Waratah Strata Management persistently refuses to document which common property items changed into private ownership - an example for AGM 2017 where Motion was disallowed by them and Solicitor Adrian Mueller (this Motion was repatedly sent in following years):
Email sent to Waratah Strata Management and committee members on 30 June 2019 was ignored by them:
Number of owners, including Lot 62, Mr. Upali Aranwela, changed common property without general meeting or registered by laws (committee meeting on 17 March 1998 - Chairperson of the committee at the time was Mrs. Lorna Zelenzuk, who in 2001 obtained exclusive rights to common property through falsified data for Extraordinary General Meeting):
Special By-Law 4 giving exclusive rights to common property to Mrs. Lorna Zelenzuk was hidden from owners by BCS Strata Management (and in 2017 by Waratah Strata Management) and not listed in strata By-Laws for almost 17 years:
SP52948-reminder-sent-to-Waratah-Strata-Management-about-missing-Special-By-Law-4-4May2017
SP52948-Lot-158-response-to-Lot-3-in-regards-to-secret-Special-By-Law-4-17May2017
Waratah Strata Management continues to provide secret benefits to selective owners, at owners corporation costs:
On 10 January 2022, ex-committee member Lot 151 (Ms. Maureen McDonald) installed gate with lock on colorbond fence towards external gardens. Since this is a fence dividing the owner's Lot and common property, the responsibility for this fence is shared equally between that particular Lot 151 and the owners corporation – gates located in this area are treated in the same way.
The new colorbond door was prepared on 21 December 2021:
The common property attached to Lot 151 was changed with the installation of a new colorbond door as shown on 10 January 2022:
Some of items that Lot 158 painstakingly collected from limited access to strata documents that show evidence of items that used to be common property but "changed hands" without legally-compliant general meetings (quorums not satisfied, falsified proxy votes used, non-financial owners allowed to vote and be elected on committee, non-compliant agenda for meetings) and accordingly illegally-registered by-laws:
• BCS Strata Management failed to include this Motion in the agenda for AGM 2016 without due notice to the requestor of the Motion, and owners corporation denied a vote on the Motion.
• Waratah Strata Management failed to properly include this Motion at AGM 2017, 2018, 2019, 2020, and 2023, in non-compliance with Strata Schemes Management Act 2015, Schedule 1, c(4).
• BCS Strata Management and Waratah Strata Management failed to comply with decision of EC meeting on 2 May 2001 to keep register of approvals granted to owners.
• Strata and building managers never conduct full audit of items that are not common property.
• Some of the items that are not common property include:
External window and structure, as per Special By-Law 4 for exclusive rights to common property granted to Lot 3 (Mrs. Lorna Zelenzuk) in January 2003.
Wall between Lots 136 and 137, for exclusive rights to common property as per Special By-Law 10.
Five private lattices in front of townhouses Lot 194, Lot 197, Lot 199, Lot 202, and Lot 216 (not approved at any meeting).
EC meeting 15 August 2007: Lot 135 application for solar film on windows.
28 March 2011: Townhouse 194 requested new gas boiler and separate gas meter.
EC meeting 4 February 1998: Lots 177 and 183 approved to install double-glaze windows (By-Law planned to be approved at General Meeting but never eventuated).
EC meeting 17 March 1998: Lot 62 approved to install double-glaze windows (By-Law planned to be approved at general meeting but never eventuated).
EC meeting 17 March 1998: Townhouse 219 approved to install polycarbonate sheeting as pergola cover and installation of air-conditioning unit.
EC meeting 17 May 1998: Application by owner of Townhouse 213 and the EC approval that all future gas costs were to be met by the owner.
EC meeting 19 August 1998: Townhouse 206 approved to install polycarbonate sheeting as pergola cover.
EC meeting 14 February 2001: Application by owner of Townhouse 210 and EC decision for gas connection not to pay for future connection (service) fees.
Committee meeting on 15 August 2007: Lot 135 installation of solar film on windows.
Committee meeting on 15 August 2007: roof insulation in townhouses (work completed on 12 March 2008 in amount of $15,456.00).
EC meeting 4 March 2015: Two townhouse connections from their courtyards to common storm water drain (acquisition of common property without Special Resolution or registered By-Law).
Lot 193: double-glaze windows in 2017.
Lot 114: Special casing for lights in the garage.
Lot 151: Four florescent lights in garage (the only owner with such privilege).
Gas heating connections in townhouses and building lots.
Lot 151: January 2021, installed gate door on colorbond fence in courtyard.
Air conditioning: number of owners installed it without by-laws before 2020.
Extremely different standards for external doors in townhouses (without approval at any meeting), with examples photographed on 13 September 2023:
