Investigative Journalism and Learning Hub - Waratah Strata Management request from SP52948 Lot 158 for faulty remote control on 18 January 2020

From:	SP52948 owner
To:	Robert Crosbie Waratah Strata Management
CC:	Frank Tallaridi Waratah Strata Management
Subject:	Re: REQUEST FOR REPAIR OR REPLACEMENT: Unit 158 - Faulty Remote Control 18Jan2020
Date:	22/1/20, 5:44 pm

Thank you for the response and your definition of democracy. And thank you for using the word "delusional". Very professional.

Extract from strata files show that payments were made from common funds for individual remote controls to various owners. Once the strata fund are spent on something, it becomes common property. And when common property is out of order, it gets replaced. same applies to smoke detectors that were replaced from common funds for 22 years.

Let legal entities decide who and who is a financial EC member. One vote for Lot 158 is more valid as it is based on who is ELIGIBLE to be on the committee.

The SMS from maintenance staff is enclosed herewith.

• At AGM 2019, Lot 147 (Mr. Moses Levitt) specifically asked to allow vote on Motion 14 BEFORE Motion 4:

        Motion 14 ADDITIONAL GAS POINT CHARGES

        Motion 4 STRATA COMMITTEE

        This was NOT recorded in the Minutes of the general meeting.

        For any owner to be eligible to vote, they had to settle the overdue levies before the meeting. That applies to FY 2017, 2018, and 2019 (and before when BCS Strata Management was in charge). In all those years, Lot 158 was/is valid EC member.

• STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 83 Levying of contributions
  

        (1) An owners corporation levies a contribution required to be paid to the administrative fund or capital works fund by an owner of a lot by giving the owner written notice of the contribution payable.

        (2) Contributions levied by an owners corporation must be levied in respect of each lot and are payable (subject to this section and section 82) by the owners in shares proportional to the unit entitlements of their respective lots.

      (3) Any contribution levied by an owners corporation becomes due and payable to the owners corporation on the date set out in the notice of the contribution.  The date must be at least 30 days after the notice is given.

    (4) Regular periodic contributions to the administrative fund and capital works 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 given to the owner.

• STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 32 Persons who are not eligible to be appointed or elected to strata committee
  

(1) The following persons are not eligible for appointment or election to a strata committee or to act as members of a strata committee unless they are also the owners of lots in the strata scheme--

        (2) An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of a strata committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the strata committee.

• STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 85 Interest, discounts on contributions and payment plans
  
  (1) A contribution, if not paid when it becomes due and payable, bears until paid simple interest at an annual rate of 10% or, if the regulations provide for another rate, that other rate.
  
  (2) Interest is not payable if the contribution is paid not later than one month after it becomes due and payable.
  
  (3) However, an owners corporation may by resolution determine (either generally or in a particular case) that a contribution is to bear no interest.
  
  (4) An owners corporation may, by resolution at a general meeting, determine (either generally or in a particular case) that a person may pay 10% less of a contribution levied if the person pays the contribution before the date on which it becomes due and payable.
  
  (5) An owners corporation may, by resolution at a general meeting, agree to enter into payment plans, either generally or in particular cases, for the payment of overdue contributions.
  
  A payment plan is to be limited to a period of 12 months but a further plan may be agreed to by the owners corporation by resolution.
  
  (6) The regulations may prescribe requirements for payment plans.
  
  (7) The existence of a payment plan does not limit any right of the owners corporation to take action to recover the amount of unpaid contributions.
  

• STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 86 Recovery of unpaid contributions and interest
  
  (2A) An owners corporation may, without obtaining an order under this section, recover as a debt in a court of competent jurisdiction, a contribution not paid at the end of 1 month after it becomes due and payable, together with any interest payable on that unpaid contribution and the reasonable expenses of the owners corporation incurred in recovering those amounts.
  
  (3) Interest paid or recovered forms part of the fund to which the relevant contribution belongs.
  
  (4) An owners corporation must not take action to recover an amount under this section unless it has given the person against whom the action is to be taken at least 21 days notice of the action.
  
  (5) The notice of the action must set out the following--
  
        (a) the amount of the contribution, interest or expenses sought to be recovered,
  
        (b) the recovery action proposed,
  
        (c) any other matter prescribed by the regulations for the purposes of this subsection.
  
  

You may not understand the concept of a democracy, but at the legally convened Annual General Meeting a ballot was held to elect the strata committee in accordance with the Strata Schemes Management Act at which time 9 owners received 65 votes each and you received 1 vote – your own. You must be delusional if you think you are a validly elected member of the “Executive Committee”.

Garage remote controls are subject to abuse, inadvertent damage and normal wear and tear. The cost of replacement remote controls is at the resident expense. The work orders you have taken great effort to provide only prove that remotes have been ordered and do not document the payments made for those remotes. If you bothered to check the financial records for the strata plan last year you would see that there was Key Deposit income of $1,948. This is remotes, key cards and/or keys that have been sold to residents.

The building manager has advised what action is required to replace your remote. Please follow that advice.

Regards,

Robert Crosbie

Waratah Strata Management

SP52948 owner
Sent: Tuesday, 21 January 2020 6:07 PM
To: Robert Crosbie Waratah Strata Management
Cc: Frank Tallaridi Waratah Strata Management
Subject: REQUEST FOR REPAIR OR REPLACEMENT: Unit 158 - Faulty Remote Control 18Jan2020

Good afternoon,

As a valid member of the Executive Committee (to be confirmed legally), Lot 158 submits the following request:

One of the remote control devices for external garage door to the complex stopped working recently for Lot 158. It was delivered to the security guard on Saturday 18 January 2020, with request to be repaired or replaced.

Earlier today, maintenance staff rejected the task.

a) Remote control for external garage door to the complex stopped working recently for Lot 158.

b) Lot 158, and all owners they know personally, had at least one of their remote control devices fully paid from common funds.

c) The remote controls are part of common property and have been paid from common funds (same way as smoke detectors - next week Fire Safety inspections are scheduled).

d) Through random checks of available strata files, it is easy to confirm that remote controls were paid for common funds, including for several members of the Executive Committee.

Would you please organize the replacement or the repair of the remote control as soon as practicable (without any cost to Lot 158).

Thank you,

-------- Forwarded Message --------

Subject:	Unit 158 - Faulty Remote Control
Date:	Mon, 20 Jan 2020 19:54:46 +1100
From:	Uniqueco Property Services
To:	SP52948 owner

Dear Unit 158,

Re: Faulty Remote Control

Confirming that your remote has been inspected and found to be faulty.

This remote is not available through Strata, as they only supply Access Cards.

If you wish to purchase a new remote, once purchased we can program this for you.

If you wish to program yourself you can open the back of your current remote and the digit code is there for you to program.

When convenient you can collect your faulty remote from the office.

Regards,

• Levy-Collection-New-Laws.pdf
• SP52948-threatening-to-dispose-of-property-without-providing-service-given-to-some-owners-22Jan2020.webp