Investigative Journalism and Learning Hub - aratah Strata Management silently dismissed concerns about mediation Case 00351498 and Fair Trading files 9363613 and 9761719 on 14 March 2020

From:	SP52948 owner
To:	Frank Tallaridi, Robert Crosbie
Subject:	FOR OFFICIAL RECORDS: Mediation SP52948 Case 00351498 and Fair Trading Files 9363613 and 9761719 - Persistent non-compliance with Interpretation Act 1987 (NSW) - 14Mar2020
Date:	14/3/20, 10:12 pm

Bcc-ed to Fair Trading NSW

Mediation SP52948 Case 00351498
Fair Trading NSW Files 9363613 and 9761719 as initiated in late 2017 by Hon Matthew Kean MP, Minister for Innovation and Better Regulation

Let AGM 2019 be included as well:

• Lot 158 sent Motions for AGM 2019 on Saturday 28 September 2019 at 21:09 hours.
  
• At earliest, Waratah Strata Management would have dealt with it on Monday, 30 September 2019 and sent notices to owners in early October. Waratah Strata Management will be forced to prove the date they sent the letters.
• Lot 158 has full photo evidence that notice boards in the complex did not have ANY information about AGM even as late as 11 October 2019.
  
• If notices were sent on 1 October 2019 (the best-case scenario for Waratah Strata Management), the following would apply:
  

        1 October 2019 not counted (day of postage)
        7 October 2019 not counted (Labour Day in ACT, NSW & SA)
        17 October 2019 not counted (day of the meeting)

        ... leaving the following calculation:

        Seven working days as per Interpretation Act 1987 (NSW) are: 2, 3, 4, 8, 9, 10, and 11 October 2019
        Days for notice of AGM: 12, 13, 14, 15, 16, and 17 October 2019 (six days, if 17 October 2019 is counted (day of AGM))
        Days for notice of AGM: 12, 13, 14, 15, and 16 October 2019 (five days, if 17 October 2019 is NOT counted (day of AGM))

Day     Date          Weekday          Service calculation                 Event

1      1/10/2019     Tuesday          Postage date not included       Notice posted

2      2/10/2019     Wednesday        First working day                     

3      3/10/2019     Thursday         Second working day     

4      4/10/2019     Friday           Third working day     

5      5/10/2019     Saturday         Weekend     

6      6/10/2019     Sunday           Weekend     

7      7/10/2019     Monday           Public holiday (Labour Day)  

8      8/10/2019     Tuesday          Fourth working day     

9      9/10/2019     Wednesday        Fifth working day     

10     10/10/2019    Thursday         Sixth working day     

11     11/10/2019    Friday           Seventh working day             Notice effective

12     12/10/2019    Saturday         First notice day 

13     13/10/2019    Sunday           Second notice day  

14     14/10/2019    Monday           Third notice day   

15     15/10/2019    Tuesday          Fourth notice day

16     16/10/2019    Wednesday        Fifth notice day                   

17     17/10/2019    Thursday                                         Date of meeting

All these items make AGM 2019 seemingly non-compliant, along with other strong reasons like quorum miscalculation, unfinancial owners allowed to vote, Lot 158 Motions not presented for voting without legal reasons, lack of tender for strata management contract renewal, non-disclosure of alleged losses of invoices, emails, and other financial documents, non-disclosure of owners who were allowed to be committee members whilst unfinancial, and much more.

If notices were sent by post on any other after 1 October 2019 (most probable scenario), the non-compliance is even more drastic.

Lot 158 would welcome to be corrected WITH EVIDENCE to counter their claims.

Bcc-ed to Fair Trading NSW

Mediation SP52948 Case 00351498

Fair Trading NSW Files 9363613 and 9761719 as initiated in late 2017 by Hon Matthew Kean MP, Minister for Innovation and Better Regulation

Long-term issues with notification for meetings

SP52948 has approximately 50% of owner-occupier and 50% rented properties. Notifying all owners and tenants in a timely manner is one of the most critical roles of the managing agent and the committee. Number of owners live interstate and overseas and many owners do not wish or provide email addresses for communication.

Agenda for EC meeting scheduled for 17 March 2020 was put on notice boards at around midday on 12 March 2020 (yesterday). In addition, excluding the day of postage (also confirmed by the screenshot from website) and the day of the meeting, it means ONLY two working days are between the agenda and the meeting.

As for most meetings since Waratah Strata Management took office on 1 February 2017, Lot 158 DID NOT RECEIVE a copy (neither by email, nor by post, nor delivered in person). That was reported many times before and Waratah Strata management chose silence as response.

Two years ago, Lot 158 requested that all information to their property from Waratah Strata Management must be delivered by post.

Four cases were opened with Australia Post in the past two years and each time there was a resounding statement that no evidence of lost letters were detected or recorded for Lot 158.

In addition, the postman is personally very careful with deliveries to Lot 158 and there is absolutely no possibility of them misplacing or not delivering the mail for Lot 158.

• That is the first problem repeatedly reported again. It is unknown how many other owners might not have been sent the agenda.
  
• The second problem is lack of information for owners in regards to Fair Trading Mediation. That is Motion 2 on the agenda for E meeting next week, but absolutely no information was provided to owners.
• The third problem (Lot 158 collected video evidence) is that access to SP52948 website via https://www.lookatmystrata.com.au/login/187035 was not operational yesterday and not operational today. It worked well just last week (see attachment).
  
• The fourth problem is as below.

Interpretation Act 1987 (NSW)

The “postal” rule which used to provide that a document served by post was deemed served on the fourth (4th) working day, has been amended to now provide that a document is deemed served on the seventh (7th)  working day after the day of postage.

This amendment was effected by Schedule 1.18 of the Justice Legislation Amendment Bill (No 3) 2018 (NSW) which amends section 76(1)(b) of the Interpretation Act 1987 (NSW) (“IA”) and was assented to on 28th November 2018.

Under the Strata Schemes Management Act, 2015 (NSW), the notice period for a general meeting (other than the first) is seven (7) days.  In addition to this seven (7) day period, allowance must also be made for the postal rule, which is a further seven (7) day period. The day of postage cannot be included nor can the day of the meeting itself (Section 36 of the IA) – in other words, those days must be left clear and not be counted in either the postal or strata period. The seven (7) day postal rule is for seven (7) working days – working days are not public holidays, bank holidays in the state to which the agenda applies, Saturdays or Sundays.

Strata committee meetings require three (3) days notice with minutes issues within 7 days:

https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/strata-schemes/meetings-of-the-strata-committee

Each member of the strata committee, and every lot owner, need to be notified of an intended strata committee meeting at least 3 days before the meeting is due to be held. The notice of the meeting must include a detailed agenda for the meeting.

In a large strata scheme (more than 100 lots), the Secretary or meeting organiser needs to put the notice of the meeting on the noticeboard and deliver it to each owner. In other strata schemes, the notice can either be put on the notice board or delivered to each owner. One can deliver the notice by post or email or in person to someone over the age of 16 years at that address. If no address is recorded in the strata roll then the notice needs to be delivered to an owner by:

    delivering it personally
    sending it to their postal or email address
    placing it in their letterbox, or
    leaving it on a part of their lot that is their residence, but not in a garage or storeroom.

Examples of SP52948 EC meetings in last 12 months - 2019 and 2020 (Lot 158 has full evidence)

Agenda for EC meeting scheduled for 21 March 2019 was created on 18 March 2019. Not sent to Lot 158 and failed to satisfy Interpretation Act 1987 (NSW) for “postal” rule which stipulates that a document is deemed served on the seventh (7th) working day after the day of postage (neither the day of postage nor the day of the meeting may be counted).

Agenda for EC meeting scheduled for 2 May 2019 was created on 26 April 2019. Not sent to Lot 158 and failed to satisfy Interpretation Act 1987 (NSW) for “postal” rule which stipulates that a document is deemed served on the seventh (7th) working day after the day of postage (neither the day of postage nor the day of the meeting may be counted).

Agenda for EC meeting scheduled for 20 June 2019 was created on 17 June 2019. Not sent to Lot 158 and failed to satisfy Interpretation Act 1987 (NSW) for “postal” rule which stipulates that a document is deemed served on the seventh (7th) working day after the day of postage (neither the day of postage nor the day of the meeting may be counted).

Agenda for EC meeting scheduled for 5 September 2019 was created on 30 August 2019. Not sent to Lot 158 and failed to satisfy Interpretation Act 1987 (NSW) for “postal” rule which stipulates that a document is deemed served on the seventh (7th) working day after the day of postage (neither the day of postage nor the day of the meeting may be counted).

Agenda for EC meeting scheduled for 13 February 2020 was created on 7 February 2020 and not listed on Waratah Strata Management website for owners. Not sent to Lot 158 and failed to satisfy Interpretation Act 1987 (NSW) for “postal” rule which stipulates that a document is deemed served on the seventh (7th) working day after the day of postage (neither the day of postage nor the day of the meeting may be counted).

Agenda for EC meeting scheduled for 17 March 2020 was put on notice boards at around midday on 12 March 2020. Not sent to Lot 158 and failed to satisfy Interpretation Act 1987 (NSW) for “postal” rule which stipulates that a document is deemed served on the seventh (7th) working day after the day of postage (neither the day of postage nor the day of the meeting may be counted).

Regards,