Investigative Journalism and Learning Hub - Email to Waratah Strata Management: CHU Insurance claim and defamation of Lot 158 - status on 1Apr2017

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From: Stan Pogorelsky
To: SP52948 owner
Subject: FW: CHU Insurance claim and defamation of Lot 158 - status on 1Apr2017
Date: 3/4/17, 7:28 pm

The Executive Committee will discuss and alter or confirm the minutes of the previous committee meeting at the next available committee meeting. Your request for alteration of the minutes will be discussed at that meeting.

You are not permitted to speak directly with CHU Insurance. You have no authority to speak to them and must direct your concerns to the strata manager who will pass your concerns on to CHU if appropriate.

In future, please do not write directly to the Strata Committee. We ask you to direct your correspondence to the strata manager who will forward correspondence on to the committee when appropriate.

Yours Sincerely,

Stan Pogorelsky.

-----Original Message-----

From: SP52948 owner

Sent: Saturday, April 1, 2017 8:30 AM

To: SP52948 committee members

Subject: Re: CHU Insurance claim and defamation of Lot 158 - status on 1Apr2017

To EC members,

I am not willing to let Minutes of the latest meeting stay as they are.

The statements in regards tome have direct and unambiguous meanings to defame and ridicule me.

Attempts to reason with Waratah Strata Management were fruitless, and as expected, old story applies.

I am in contact with CHU Insurance and will seek how SP52948 responded to them. Police Event since late 2015 deals with these insurance claims as one of many problems in the complex, so the matter is more serious than you think.

In the meantime, I will allow until Monday afternoon, 3 April 2017 to receive any comment, suggestion, offer, or evidence to refute of what is sent in the attachment.

I am open to discussion and fair treatment on equal terms. As saying goes: the ball is in your court.

Lot 158

On 25/03/17 18:11, SP52948 owner wrote:

Hi,

I am afraid I have to share some bad news.

Minutes of the EC meeting do not provide factual information in many sections. We will deal with them separately.

The one that urgently stands out is Item 13:

a) It is not true that I commenced legal action. I never wanted legal case and evidence shows it.

It was initiated, without owners corporation knowledge or approval at any legally-convened meeting, by Solicitor Mr. Adrian Mueller, on 10 December 2012 (attachment enclosed).

By that time, Solicitor Mr. Adrian Mueller, EC members, and BCS Strata Management already made two insurance claims for alleged "defence of Lot 3" (there was no such CTTT case ever):

$367.64 on 31 August 2012

$12,714.65 on 7 December 2012

Two more claims were paid by CHU insurance for "defence of Lot 3" on:

$1,320.00 on 26 April 2013

$10.517.02 on 4 June 2013

... totalling: $24,919.31.

b) It is not true that I paid $8,800.00. I paid $26,500.00 (copies of cheques enclosed).

The first cheque was given in person to ex-EC member who left complex last year. I asked BCS Strata Management and paid three times for confirming that my cheques ended in common funds. To this day, that information was not provided to me.

c) If anybody, by any chance, attempts to provide false information to CHU Insurance about how much I paid and how much should really be repaid to the insurance company, note that I have already communicated significant evidence to them. I cannot lie for anyone.

d) I did not pay $8,800.00 on 22 July 2014. That is a completely false statement. My cheques speak for themselves:

$10,000.00 on 13 February 2014

$16,500.00 on 3 March 2014

e) Item 13 fails to disclose to owners corporation that these insurance claims are for:

Defence of Lot 3

Please provide details of the CTTT case that was dedicated to Lot 3 and the "rights" to use owners corporation funds for defending themselves.

e) An update of the By-Laws to owners corporation to include Special By-Law 4 for exclusive rights to owners of Lot 3 is still outstanding, in spite of many warnings.

I have been fully defamed now (I already checked it with my Solicitor, who sees an undeniable attempt to discredit , ridicule, and expose me to hatred by owners who do not have full information), as evidence of the latest EC meeting shows, so I expect a personal response, personal apology, and corrections for all owners by Tuesday afternoon.

Litigation is not something I seek or ever want, but no more gossip at my expense without evidence is allowed or tolerated.

I have all EC members and BCS Strata Management six years to respond and show me where I was wrong. Somehow (and we know why), it never happened.

Lot 158