Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Fair Trading NSW sc@finance.nsw.gov.au |
| Subject: | CONCISE VERSION OF 12 Cases: NSW Fair Trading Reference 9125004 - Update on 29Apr2018 |
| Date: | 29/4/18, 14:18 |
Simplified summary, with latest updates.
Proof of how inequitable water and gas reimbursements were provided without Special By-Law to selective townhouse owners (including EC members), and how owners with second gas connections did not pay prescribed levy of $200.00 since 1999 is enclosed for a few financial years.
Owners in this complex are NOT treated EQUALLY and do not enjoy same privileges and rights.
Note that for 20 years now, no owner has
received detailed accounting figures at any meeting and owners like
myself, who paid fees for strata search are refused access to many
of them (latest example, Waratah Strata Management on 13 June
2017).
CASE 1 Orchestrated contract with Waratah
Strata Management for SP52948 at AGM 2016 and 2017
1. Email to BCS Strata Management notifying them of receiving
interest by Ryan Strata to bid for strata management contract on 14
May 2016.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-1-UPDATE-ADVANCE-NOTICE-on-14May2016-SP52948-Caretaker-and-Strata-Manager-Tenders-in-late-2016.html",
red-bold highlights.
2. Copy of the letter sent to EC members by Ryan Strata on 10 May
2016.
BCS Strata Management failed to notify owners about it.
Refer to attachment
"EVIDENCE-2-Ryan-STRATA-MANAGEMENT-PROPOSAL-SP52948-fixed-price.pdf".
3. Copy of letter that Ryan Strata submitted for their offer to bid
for the contract.
BCS Strata Management failed to forward it to owners.
Refer to attachment "EVIDENCE-3-Ryan-Strata-Bid-27Jun2016.pdf".
4. Email to BCS Strata Management on 1 August 2016, confirming
second bid for strata management contract and emphasized again the
Motions for AGM 2016.
Refer to attachment
"EVIDENCE-4-UPDATED-SUBMISSION-SP52948-Motions-for-AGM-or-EGM-2016-1Aug2016.html",
red-bold highlights.
5. Email to BCS Strata Management and EC members with details of
bid by Ryan Strata offering superior service and much cheaper
contract costs on 28 August 2016.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-5-SUMMARY-SP52948-Second-Tender-for-Strata-Management-Contract-New-Strata-Laws-and-Weak-Offer-to-talk-with-EC-on-28Aug2016.html",
red-bold highlights.
6. Email to BCS Strata Management on 7 October 2016, warning them
of systematic mismanagement of Strata Plan 52847 with request to
include owner's Motions for AGM 2016, and include the bid by Ryan
Strata that was outstanding since
May 2016.
BCS Strata Management ignored the requests.
Refer to attachment
"EVIDENCE-6-SP52948-AGM-Agenda-19.10.2016-first-comments-on-4Oct2016-update-7Oct2016.html",
red-bold highlights.
Email to BCS Strata Management on 4 October 2016, complaining about
excluded Motions and bid by Ryan Strata.
BCS replied that all Motions were included, which Lot 158 easily
disapproved on 7 October 2017 (see below).
7. Summary of excluded Motions at AGM 2016, to which BCS Strata
Management and Waratah Strata Management did not respond.
In spite of numerous advanced warnings, BCS Strata Management
failed to include Lot 158's Motions at AGM 2016 and did not allow
Ryan Strata to be part of the strata maintenance contract
renewal.
Waratah Strata Management "won" the contract without effectively
any competition or proper tender, or disclosure of their offer.
Refer to
"EVIDENCE-7-EVIDENCE-Motions-by-Lot-158-that-BCS-Strata-Management-deliberately-excluded-or-misquoted-on-19Oct2016".
8. Minutes of AGM on 19 October 2016, with counting proxy votes for
Mr. Stan Pogorelsky and Mr. Moses Levitt as valid, in spite
of them being unfinancial to vote due to unpaid full levies for
second gas connection since year 2000.
Refer to "EVIDENCE-8-SP25948-Minutes-AGM-2016-19Oct2016.pdf", page
1.
9. Email to BCS Strata Management asking for a repeated complaint
to be forwarded to Managing Director of Pica Group (parent company
of BCS Strata Management) on 12 November 2017.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-9-REQUEST-Forward-document-to-Pica-Group-Managing-Director-Mr-Greg-Nash-on-12Nov2016.html",
red-bold highlights.
10. Copy of the strata management contract with Waratah Strata
Management, dated 14 December 2016, signed by two unfinancial EC
members, Mr. Stan Pogorelsky and Mr. Moses Levitt, with changed
value of the contract, without disclosure to owners.
Refer to attachment
"EVIDENCE-10-SP52948-Contract-with-Waratah-Strata-14Dec2016.pdf",
page 1.
11. Repeated email to BCS Strata Management and EC members on 21
December 2016, documenting 34 Motions that BCS Strata Management
failed to include at AGM 2016.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-11-UPDATED-REQUEST-Forward-document-to-Pica-Group-Managing-Director-Mr-Greg-Nash-and-process-Motions-for-AGM-or-EGM-2017-on-21Dec2016.html",
red-bold highlights.
12. Email response from Mr. Robert Crosbie from Waratah Strata
Management on 9 January 2017, confirming that EC members
interviewed him before the AGM and they had been aware Mr. Simon
Wicks would become "new strata manager" for SP52948 without
disclosure to owners corporation.
Mr. Simon Wicks was removed from managing SP52948 as Strata Manager
whilst employed by BCS Strata Management due to unsatisfactory
performance in 2011.
Refer to attachment
"EVIDENCE-12-SP52948-responses-from-Robert-Crosbie-from-Waratah-Strata-Management-11Jan2017.html",
red-bold highlights and the rest of Item 6.
13. Email summary to EC members documenting outcome of meeting with
Director of Waratah Strata Management, Mr. Robert Crosbie, dated 4
March 2017.
No reply or acknowledgment from them was received. Waratah Strata
Management did not refute any claims either.
Refer to attachment
"EVIDENCE-13-SUMMARY-SP52948-meeting-with-Director-of-Waratah-Strata-Management_legal-threat-from-CHU-Insurance-and-other-problems-in-the-complex-4Mar2017.html",
red-bold highlights.
14. Email to Waratah Strata Management on 29 April 2017,
documenting numerous management issues, and unpaid levies for
second gas connections since year 2000.
No reply or acknowledgment from them was received. Waratah Strata
Management did not refute any claims either.
Refer to attachment
"EVIDENCE-14-OFFICIAL-SUBMISSION_SP52948-Updated-Motions-for-AGM_EGM-2017-and-other-issues-for-Secretary-of-EC-on-29Apr2017.html",
red-bold highlights.
15. Document provided to EC members and Waratah Strata Management
on 16 March 2017, providing extensive details (with screenshots
from relevant strata documents), summarising how BCS Strata
Management and Waratah Strata Management mislead owners corporation
and prevented fair implementation of levies for second gas
connection since year 2000, which directly benefited small number
of owners and EC members.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-16-SP52948-Undisclosed-Details-of-CHU-Insurance-Reimbursements-Waratah-Strata-Management-Contract-details-and-Defamation-of-Lot-158-through-false-statements-at-EC-meeting-16Mar2017.pdf".
16. Email to BCS Strata Management on 2 June 2017, requesting
response in regards to long-term mismanagement of SP52948 and
documenting 16 years of unpaid full levies for second gas
connection.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-15-UPDATED-REQUEST-NUMBER-SEVEN-Forward-document-to-Pica-Group-Managing-Director-Mr-Greg-Nash-2Jul2017.html",
red-bold highlights.
17. Copies of secret emails and reports and unpaid levies for
second gas connections obtained during document search on 13 June
2017. These documents were hidden from Lot 158 in previous FIVE
paid document searches in period 2011 to 2016.
Refer to attachments:
EVIDENCE-17-BCS-Strata-Managament-false-and-incomplete-audit-of-second-gas-connections-13May2014.pdf
EVIDENCE-18-BCS-Strata-Management-email to committee members -
summary of additional-gas-connections-14-May-2014.msg
EVIDENCE-19-GAS-CHARGES-LOT-3-181-email-exchange-between-EC-member-Stan-Pogorelsky-and-BCS-Strata-Management-Jul2015.msg
EVIDENCE-20-Secret-and-incomplete-audit-of-second-gas-connections-by-Caretaker-Steve-Carbone-21Mar2016.msg
EVIDENCE-21-SP52948-Second-Gas-Connection-Levies-Secret-Invoicing-by-BCS-Strata-Management-for-2012-and-2013-27Jun2016.pdf
EVIDENCE-22-BCS-Strata-Management-confirming-secret-arears-for-second-gas-connection-levies-Jul2016.msg
EVIDENCE-23-Secret-correspondence-between-EC-member-Moses-Levitt-and-BCS-Strata-Management-about-second-gas-connection-levies-Aug2016.msg
EVIDENCE-24-Waratah-Strata-Management-secret-complaint-to-alleged-Chairperson-Stan-Pogorelsky-27Apr2017.pdf
EVIDENCE-25-Waratah-Strata-Management-secret-complaint-to-BCS-Strata-Management-31May2017.pdf
EVIDENCE-26-SP52948-EC-meeting-21Jul1999-first-time-gas-charges-introduced.docx,
Motion 13
EVIDENCE-27-SP52948-EC-meeting-17Nov1999-final-decision-about-gas-charges.docx,
Item 3 (f) on page 2
18. Lot 158's request for Extraordinary General Meeting on 25 June
2017.
No reply or acknowledgment was received.
Refer to attachment
"EVIDENCE-28-OFFICIAL-REQUEST-SP52948-Convene-Extraordinary-General-Meeting-in-July-2017.html".
19. Final version of the Motions by Lot 158 for AGM 2017.
Refer to attachment
"EVIDENCE-29-SP52948-AGM-or-EGM-2017-Motions-by-Lot-158-final-short-version.pdf".
19. Letter from Waratah Strata Management with inconclusive and
nondescript explanation rejecting Motions by Lot 158 on 10 October
2017.
Refer to attachment
"EVIDENCE-30-Waratah-Strata-Management-excuse-without-grounds-for-removing-owner-Motions-for-AGM-2017-10Oct2017.pdf".
20. Examples of Motions excluded from AGM 2017:
EVIDENCE-31-SP52948-owner-Motion-confirm-prior-relationship-between-Waratah-Strata-Management-and-BCS-Strata-Management-Oct2017.webp
EVIDENCE-32-SP52948-owner-Motion-confirm-undisclosed-insurance-claims-for-Lot-3-in-2012-2013-Oct2017.webp
EVIDENCE-33-SP52948-owner-Motion-confirm-owners-prevented-from-reviewing-Ryan-Strata-tender-at-AGM-2016-Oct2017.webp
EVIDENCE-34-SP52948-owner-Motion-ignored-request-for-EGM-by-Waratah-Strata-Management-and-EC-members-in-June-2017-Oct2017.msg
EVIDENCE-35-SP52948-owner-Motion-lack-of-proper-10-year-Sinking-Fund-now-called-Capital-Works-Fund-Oct2017.webp
EVIDENCE-36-SP52948-owner-Motion-undisclosed-conflict-of-interest-by-EC-members-at-AGMs-for-gas-heating-levies-Oct2017.webp
EVIDENCE-37-SP52948-owner-Motion-undisclosed-Special-By-Law-for-exclusive-rights-to-common-property-granted-to-Lot-3-Oct2017.webp
EVIDENCE-38-SP52948-owner-Motion-undisclosed-tender-for-Building-Manager-contract-in-2014-and-2016-Oct2017.webp
EVIDENCE-39-SP52948-owner-Motion-Uniqueco-Pty-Ltd-failure-to-comply-with-Section-6.4-of-contract-with-SP52948-Oct2017.webp
21. Minutes of AGM 2017, containing no details of strata management
and building management contract renewals
without any competitive bid (including total costs and
conditions).
Refer to attachment
"EVIDENCE-40-Annual-General-Meeting_Minutes-Strata-Plan-52948-24Oct2017".
Minutes of the AGM 2017 did not provide any proof that three EC
members (Mrs. Lorna Zelenzuk,
Mr. Stan Pogorelsky, and Mr. Moses Levitt) paid full levies for
second gas connection
since year 2000.
22. Bid from Complete Building Management that was undisclosed to
owners at AGM 2017.
Refer to attachment
"EVIDENCE-41-Complete-Building-Management-bid-proposal-kept-secret-from-owners-Oct2017.pdf".
23. Email sent to Waratah Strata Management and EC members
complaining about fraudulent process for organizing AGM 2017.
No response was received.
Refer to attachment
"EVIDENCE-42-SUMMARY-Proxy-vote-from-Lot-158-and-candidacy-for-EC-for-AGM-on-18Oct2017.html",
red-bold highlights.
24. Copy of the new contract won by Waratah Strata Management
without any competitive tender, signed by EC members Mr. Stan
Pogorelsky and Mr. Moses Levitt, without any proof that they paid
all levies for second gas connection in arrears since year
2000.
The contract was allegedly signed on the SAME date as AGM 2017, 24
October 2017. The AGM 2017 started at 6:00pm.
Refer to attachment
"EVIDENCE-43-Waratah-Strata-Management-contract-24Oct2017.pdf".
CASE 2 Orchestrated contract with Building Manager Uniqueco Pty
Ltd for SP52948 at AGM 2014, 2016 and 2017
1. BCS Strata Management failed to disclose to owners that Uniqueco
won building management three-year contract by increasing costs of
around 16% without competitive tender (amounting to $289,000.00
plus GST per year).
The contract was signed by unfinancial EC member Mr. Moses Levitt
on 5 and 7 December 2014, who did not pay full levies for second
gas connection since year 2000.
Refer to "EVIDENCE-18-Uniqueco-contract-Dec2014.pdf", pages 26, 27,
and 31.
2. Lot 158's submission on 7 April 2016 with advance notice that
contracts for building management and strata management (combined
worth around $340,000.00 per year) should be tendered for AGM
2016.
No response from BCS Strata Management was received.
Refer to attachment
"EVIDENCE-1-NOTICE-SP52948-Caretaker-and-Strata-Manager-Tenders-in-late-2016-7Apr2016.html".
3. Email to BCS Strata Management and building manager Uniqueco
(Mr. Steve Carbone) on 25 April 2016, requesting explanation why
was Lot 158 external door non-compliant with fire safety regulation
1905.1 and AS1530.4 for many years.
No reply was received.
Refer to attachment
"EVIDENCE-2-REQUEST-FOR-OFFICIAL-RESPONSE-FIRE-DOOR-SP529487-Lot-158-NON-COMPLIANCE-WITH-1905.1-and-AS1530.4-25Apr2016.html".
4. Email to BCS Strata Management with first version of the Motions
for AGM 2016 on 3 May 2016. It included details why building
manager's contract could not be increased by 2%, and gave advance
notice that the contract should be tendered at AGM 2016.
No reply or acknowledgment was received.
Refer to attachment
"EVIDENCE-3-UPDATED-SUBMISSION-SP52948-Motions-for-AGM-or-EGM-2016-3May2016.html",
red-bold highlights.
5. Email to BCS Strata Management and building manager Uniqueco
(Mr. Steve Carbone) on 9 May 2016, asking why were repetitive
repairs of water leaks hidden from owners, and why were long-term
fire safety issues not disclosed to owners.
BCS Strata Management failed to respond.
Uniqueco replied and was eventually forced to replace external
doors in Lot 158 after 12 years of continuous non-compliance with
fire safety regulations in July 2016.
Refer to attachment
"EVIDENCE-4-REQUEST-Why-is-information-about-fire-safety-issues-and-serious-water-leaks-in-SP52948-top-floor-hidden-from-owners-9May2016.html",
red-bold highlights.
6. Email to BCS Strata Management notifying them of receiving
interest by Ryan Strata to bid for strata management contract and
the request for tender for building management contract on 14 May
2016.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-5-UPDATE-ADVANCE-NOTICE-on-14May2016-SP52948-Caretaker-and-Strata-Manager-Tenders-in-late-2016.html",
red-bold highlights.
7. Lot 158 submitted Motions for AGM 2016 to BCS Strata Management
and EC members multiple times:
3 May 2016
14 May 2016
1 August 2016
Final version of the Motions, including details of 34 of them that
BCS Strata Management deliberately excluded from AGM 2016 is
attached in
"EVIDENCE-6-Motions-by-Lot-158-that-BCS-Strata-Management-deliberately-excluded-or-misquoted-on-19Oct2016.pdf".
8. On 28 August 2016, an email was sent to BCS Strata Management
and EC members documenting problems in the complex and flaws in
management of common property and funds.
No reply was received.
Refer to attachment
"EVIDENCE-7-SUMMARY-SP52948-Second-Tender-for-Strata-Management-Contract-New-Strata-Laws-and-Weak-Offer-to-talk-with-EC-on-28Aug2016.html",
red-bold highlights.
9. Emails to BCS Strata Management on 4 and 7 October 2016 (two
weeks before the AGM, with complaint about missing Motions and
other issues (fire doors, lack of tenders, secret cash advances
from Pica Group without disclosure).
Refer to attachment
"EVIDENCE-8-Greg-Freeman-silent-about-BCS-Strata-Management-poor-management-of-Strata-Plan-52948-Re_SP52948-AGM-Agenda-19.10.2016-first-comments-on-4Oct2016-with-evidence-of-deliberately-excluded-motions-update-7Oct2016",
red-bold highlights.
The emails also included a request that BCS Strata Management signs
a Statutory Declaration about their duty of care and.
For the third year in a row, BCS Strata Management refused to
respond or sign it.
Refer to attachment
"EVIDENCE-9-SP52948-BCS-Strata-Manager-Refused-to-sign-Tender-Declaration-AGM2016.pdf".
10. Email sent to building manager Uniqueco (Mr. Steve Carbone)
documenting their poor maintenance in the complex (backed up by
many photos) on 6 October 2016. It also included open-minded
details why their contract could not be increased by 2%.
No reply was received.
Refer to attachment
"EVIDENCE-10-SP52948-latest-photos-and-issues-on-6Oct2016.html",
red-bold highlights.
11. Email to BCS Strata Management on 7 October 2016, warning them
of systematic mismanagement of Strata Plan 52847 with request to
include owner's Motions for AGM 2016, and include the bid by Ryan
Strata that was outstanding since
May 2016.
BCS Strata Management ignored the requests.
Refer to attachment
"EVIDENCE-11-SP52948-AGM-Agenda-19.10.2016-first-comments-on-4Oct2016-update-7Oct2016.html",
red-bold highlights.
Email to BCS Strata Management on 4 October 2016, complaining about
excluded Motions and bid by Ryan Strata.
BCS replied that all Motions were included, which Lot 158 easily
disapproved on 7 October 2017 (see below).
12. Email complaint to BCS Strata Management on 11 October
2016.
No reply was received:
Refer to attachment
"EVIDENCE-12-SUMMARY-SP52948-Proxy-form-from-Lot-158-and-summary-of-non-compliance-actions-by-BCS-Strata-Management-on-11Oct2016.html",
red-bold highlights.
13. BCS Strata Management conducted illegal ballot papers and
failed to disclose the process to owners.
Minutes of the AGM did not even contain information that there was
a ballot:
EVIDENCE-13-SP52948-false-statement-about-election-of-EC-members-hiding-ballot-of-for-12-candidates-and-using-prepared-version-of-ballot-AGM-19Oct2016.webp
Refer to examples:
EVIDENCE-14-SP52948-Lot-147-ballot-paper-19Oct2016.webp
EVIDENCE-15-SP52948-Lot-181-Stan-Pogorelsky-ballot-paper-19Oct2016.webp
EVIDENCE-16-SP52948-Lot-3-ballot-paper-19Oct2016.webp
14. Minutes of AGM 2016 held on 19 October 2016.
Refer to attachment
"EVIDENCE-17-SP25948-Minutes-AGM-2016-4Nov2016".
Of importance to note is that three owners were again allowed to
vote, gather proxy votes, and become EC members without being
financial due to unpaid full levies for second gas connection since
year 2000:
Mrs. Lorna Zelenzuk
Mr Stan Pogorelsky
Mr. Moses Levitt
BCS Strata Management failed to disclose this information to
owners. More details are below.
15. Some of the disallowed Lot 158 Motions from AGM that directly
helped Uniqueco renew the contract without tender at cost above
$290,000.00 per year:
EVIDENCE-19-disallowed-Motion-1-for-building-manager-Uniqueco-AGM-2016.webp
EVIDENCE-20-disallowed-Motion-2-for-building-manager-Uniqueco-AGM-2016.webp
EVIDENCE-21-disallowed-Motion-3-for-building-manager-Uniqueco-AGM-2016.webp
EVIDENCE-22-disallowed-Motion-4-for-building-manager-Uniqueco-AGM-2016.webp
EVIDENCE-23-disallowed-Motion-5-for-building-manager-Uniqueco-AGM-2016.webp
EVIDENCE-24-disallowed-Motion-6-for-building-manager-Uniqueco-AGM-2016.webp
EVIDENCE-25-disallowed-Motion-7-for-building-manager-Uniqueco-AGM-2016.webp
EVIDENCE-26-disallowed-Motion-8-for-building-manager-Uniqueco-AGM-2016.webp
EVIDENCE-27-disallowed-Motion-9-for-building-manager-Uniqueco-AGM-2016.webp
16. Email to BCS Strata Management asking for a repeated complaint
to be forwarded to Managing Director of Pica Group (parent company
of BCS Strata Management) on 12 November 2017.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-28-REQUEST-Forward-document-to-Pica-Group-Managing-Director-Mr-Greg-Nash-on-12Nov2016.html",
red-bold highlights.
17. BCS Strata Management failed to inform owners that working
hours in night shift for security guard were decreased by two hours
per day in contract with Uniqueco, effectively forcing owners for
paying for 2,060 hours for undelivered security services over three
years (2014-2017).
Evidence of previous building manager contract from 2010 is in
document
"EVIDENCE-29-Universal-Strata-Building-Manager-contract-2010.pdf",
page 14 paragraph 1.
Refer to
"EVIDENCE-30-building-management-expenses-2010-2014-extract-from-Agenda-for-AGM-2014.webp"
for details of yearly costs for building manager contract in period
2014 to 2014, as provided to owners in the agenda for the AGM
2014.
18. Repeated email to BCS Strata Management and EC members on 21
December 2016, documenting 34 Motions that BCS Strata Management
failed to include at AGM 2016.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-31-UPDATED-REQUEST-Forward-document-to-Pica-Group-Managing-Director-Mr-Greg-Nash-and-process-Motions-for-AGM-or-EGM-2017-on-21Dec2016.html",
red-bold highlights.
19. Email summary to EC members documenting outcome of meeting with
Director of Waratah Strata Management, Mr. Robert Crosbie, dated 4
March 2017.
No reply or acknowledgment from them was received. Waratah Strata
Management did not refute any claims either.
Photo evidence of the serious neglect was collected by Lot 158.
Waratah Strata Management and Uniqueco prevented the information to
be shared with owners.
Refer to attachment
"EVIDENCE-32-SUMMARY-SP52948-meeting-with-Director-of-Waratah-Strata-Management_legal-threat-from-CHU-Insurance-and-other-problems-in-the-complex-4Mar2017.html",
red-bold highlights.
20. Email to Waratah Strata Management on 29 April 2017,
documenting numerous management issues, and unpaid levies for
second gas connections since year 2000.
No reply or acknowledgment from them was received. Waratah Strata
Management did not refute any claims either.
Refer to attachment
"EVIDENCE-33-OFFICIAL-SUBMISSION_SP52948-Updated-Motions-for-AGM_EGM-2017-and-other-issues-for-Secretary-of-EC-on-29Apr2017.html",
red-bold highlights.
21. Email sent to Waratah Strata Management and Uniqueco requesting
that they retract false statements about Lot 158. They were of very
serious nature, deliberately defamatory, and untrue.
No response was received.
Refer to attachment
"EVIDENCE-47-Director-of-Waratah-Strata-Management-Robert-Crosbie-and-Building-Manager-Steve-Carbone-trying-to-prevent-owner-from-collecting-evidence-of-mismanagement-through-false-accusations-Incident-at-Macquarie-Gardens-11June2017.html".
22. Email to BCS Strata Management on 2 July 2017, requesting
response in regards to long-term mismanagement of SP52948 and
documenting 16 years of unpaid full levies for second gas
connection.
No reply or acknowledgment from them was received.
Refer to attachment
"EVIDENCE-34-UPDATED-REQUEST-NUMBER-SEVEN-Forward-document-to-Pica-Group-Managing-Director-Mr-Greg-Nash-2Jul2017.html",
red-bold highlights.
23. Copies of secret emails and reports and unpaid levies for
second gas connections obtained during document search on 13 June
2017. These documents were hidden from Lot 158 in previous FIVE
paid document searches in period 2011 to 2016.
Refer to attachments:
EVIDENCE-35-BCS-Strata-Managament-false-and-incomplete-audit-of-second-gas-connections-13May2014.pdf
EVIDENCE-36-BCS-Strata-Management-email to committee members -
summary of additional-gas-connections-14-May-2014.msg
EVIDENCE-37-GAS-CHARGES-LOT-3-181-email-exchange-between-EC-member-Stan-Pogorelsky-and-BCS-Strata-Management-Jul2015.msg
EVIDENCE-38-Secret-and-incomplete-audit-of-second-gas-connections-by-Caretaker-Steve-Carbone-21Mar2016.msg
EVIDENCE-39-SP52948-Second-Gas-Connection-Levies-Secret-Invoicing-by-BCS-Strata-Management-for-2012-and-2013-27Jun2016.pdf
EVIDENCE-40-BCS-Strata-Management-confirming-secret-arears-for-second-gas-connection-levies-Jul2016.msg
EVIDENCE-41-Secret-correspondence-between-EC-member-Moses-Levitt-and-BCS-Strata-Management-about-second-gas-connection-levies-Aug2016.msg
EVIDENCE-42-Waratah-Strata-Management-secret-complaint-to-alleged-Chairperson-Stan-Pogorelsky-27Apr2017.pdf
EVIDENCE-43-Waratah-Strata-Management-secret-complaint-to-BCS-Strata-Management-31May2017.pdf
EVIDENCE-44-SP52948-EC-meeting-21Jul1999-first-time-gas-charges-introduced.docx,
Motion 13
EVIDENCE-45-SP52948-EC-meeting-17Nov1999-final-decision-about-gas-charges.docx,
Item 3 (f) on page 2
24. Lot 158's request for Extraordinary General Meeting on 25 June
2017.
No reply or acknowledgment was received.
Refer to attachment
"EVIDENCE-46-OFFICIAL-REQUEST-SP52948-Convene-Extraordinary-General-Meeting-in-July-2017.html".
25. Email sent to Waratah Strata Management and EC members on 30
September 2017, documenting ongoing reactive and costly delays in
maintaining the complex.
No reply was received.
Refer to attachment
"EVIDENCE-48-BRIEF-SUMMARY_Status-of-complex-and-reactive-maintenance-on-30Sep2017.html",
red-bold highlights.
26. Email sent to EC members on 5 October 2017, documenting
impossibility to reason with EC members, Waratah Strata Management,
and Uniqueco.
No reply was received.
Refer to attachment
"EVIDENCE-49-SUMMARY-Latest-Motions-from-Lot-158-and-Building-Manager-maintenance-issues-on-5Oct2017.html",
red-bold highlights.
27. Final version of the Motions by Lot 158 for AGM 2017.
Refer to attachment
"EVIDENCE-50-SP52948-AGM-or-EGM-2017-Motions-by-Lot-158-final-short-version.pdf".
28. Letter from Waratah Strata Management with inconclusive and
nondescript explanation rejecting Motions by Lot 158 on 10 October
2017.
Refer to attachment
"EVIDENCE-51-Waratah-Strata-Management-excuse-without-grounds-for-removing-owner-Motions-for-AGM-2017-10Oct2017.pdf".
29. Examples of Motions excluded from AGM 2017:
EVIDENCE-52-SP52948-owner-Motion-ignored-request-for-EGM-by-Waratah-Strata-Management-and-EC-members-in-June-2017-Oct2017.webp
EVIDENCE-53-SP52948-owner-Motion-lack-of-proper-10-year-Sinking-Fund-now-called-Capital-Works-Fund-Oct2017.webp
EVIDENCE-54-SP52948-owner-Motion-undisclosed-tender-for-Building-Manager-contract-in-2014-and-2016-Oct2017.webp
EVIDENCE-55-SP52948-owner-Motion-Uniqueco-Pty-Ltd-failure-to-comply-with-Section-6.4-of-contract-with-SP52948-Oct2017.webp
EVIDENCE-56-Eliminate-racial-profiling-of-Asian-community.webp
EVIDENCE-57-undisclosed-delays-for-concrete-cancer-repairs.webp
EVIDENCE-58-undisclosed-pending-major-water-leak-repairs-in-Block-A.webp
EVIDENCE-59-fire-safety-issues.webp
EVIDENCE-64-SP52948-owner-Motion-undisclosed-conflict-of-interest-by-EC-members-at-AGMs-for-gas-heating-levies-Oct2017.webp
30. Document sent to Waratah Strata Management and EC members
documenting ongoing issues with building manager
on 5 October 2017.
No reply was received and owners were disallowed to receive a copy
of it.
Refer to
"EVIDENCE-60-SP52948-Some-of-continuous-issues-ignored-by-Building-Manager-Steve-Carbone-5Oct2017.pdf".
31. Email sent to Waratah Strata Management and EC members
complaining about fraudulent process for organising AGM 2017.
No response was received.
Refer to attachment
"EVIDENCE-61-SUMMARY-Proxy-vote-from-Lot-158-and-candidacy-for-EC-for-AGM-on-18Oct2017.html",
red-bold highlights.
32. Minutes of AGM 2017, containing no details of strata management
and building management contract renewals, and without any
competitive bid (including total costs and conditions).
Refer to attachment
"EVIDENCE-62-Annual-General-Meeting_Minutes-Strata-Plan-52948-24Oct2017.pdf".
Minutes of the AGM 2017 did not provide any proof that three EC
members (Mrs. Lorna Zelenzuk, Mr. Stan Pogorelsky, and Mr. Moses
Levitt) paid full levies for second gas connection since year
2000.
33. Bid from Complete Building Management that was undisclosed to
owners at AGM 2017.
Refer to attachment
"EVIDENCE-63-Complete-Building-Management-bid-proposal-kept-secret-from-owners-Oct2017.pdf".
CASE 3 Non-compliance by Waratah Strata Management and Waratah
Strata Management in regards to illegal BigAir business
1. Copy of order by Grace Lawyers with order to BigAir to remove
their equipment from SP52948 premises on 31 January 2014 (provide
herewith for completeness).
Refer to
"EVIDENCE-1-SP52948-Grace-Lawyers-order-to-BigAir-to-remove-equipment-31Jan2014.pdf".
2. Copy of Motion 17 carried at AGM on 26 November 2014 (provided
herewith for completeness of the case).
Refer to "EVIDENCE-2-SP52948-Approved-Motion-17-AGM-2014.webp".
Refer to "EVIDENCE-3-Minutes-AGM-26Nov2014.pdf", page 3.
3. Lot 158's Motion in relation to BigAir that was excluded by BCS
Strata Management without any reason or explanation from agenda
for, or at AGM 2016.
Refer to
"EVIDENCE-4-SP52948-deliberately-excluded-Motion-for-BigAir-at-AGM-2016.webp".
4. Lot 158's Motion in relation ot BigAir that was deliberately
misconstrued, modified, and presented to owners corporation without
explanatory notes by BCS Strata Management for AGM 2016.
Refer to:
"EVIDENCE-5-SP52948-deliberately-misconstrued-Motion-for-BigAir-costs-at-AGM-2016-part-1.webp"
"EVIDENCE-6-SP52948-deliberately-misconstrued-Motion-for-BigAir-costs-at-AGM-2016-part-2.webp"
This was documented to BCS Strata Management, Waratah Strata
Management and EC members several times to no avail. No response
was ever received.
Refer to
"EVIDENCE-7-Motions-by-Lot-158-that-BCS-Strata-Management-deliberately-excluded-or-misquoted-on-19Oct2016.pdf",
page 1 and 2.
5. Full listing of Lot 158's Motions for AGM 2016:
"EVIDENCE-7-Motions-by-Lot-158-that-BCS-Strata-Management-deliberately-excluded-or-misquoted-on-19Oct2016.pdf"
No reply, acknowledgment, or proof of contrary evidence was ever
received from BCS Strata Management and/or Waratah Strata
Management.
6. Copy of Minutes of AGM 2016.
Refer to "EVIDENCE-8-SP25948-Minutes-AGM-2016-4Nov2016.pdf".
7. Lot 158 commenting on why alleged EC Chairperson's invitation to
a private meeting was false, invalid, and useless.
No reply was ever received and owners were prevented from having
access to this information.
Refer to
"EVIDENCE-9-Lot-158-commenting-on-false-request-for-meeting-to-EC-members-27Nov2016.html",
red-bold highlights.
8. Email to Waratah Strata Management and EC members requesting
Extraordinary General Meeting on 25 June 2017. It was based on Lot
158 personally contacting close to half of owners (including EC
members themselves) in the complex of whom none had objection to
conducting the EGM.
Reply from Waratah Strata Management or EC members was never
received.
Refer to
"EVIDENCE-10-OFFICIAL-REQUEST-SP52948-Convene-Extraordinary-General-Meeting-in-July-2017.html".
9. Email sent to EC members on 1 August 2017, documenting lack of
EGM and other issues (including the fact about false statements by
Chairperson Mr. Stan Pogorelsky in Motion 17 at AGM 2016, and
BigAir running business illegally).
Refer to
"EVIDENCE-11-SP52948-EC-failed-to-organise-Extraordinary-General-Meeting-and-other-issues-on-1Aug2017-1Aug2017.html",
red-bold highlights.
10. Final version of Lot 158's Motions for AGM 2017.
Refer to
"EVIDENCE-12-SP52948-AGM-or-EGM-2017-Motions-by-Lot-158-final-short-version.pdf".
11. Notice for AGM 2017, as sent by Waratah Strata Management to
owners.
Refer to "EVIDENCE-13-SP52948-AGM-2017-Notice.pdf".
12. The notice for AGM 2017 contained shy comment about intention
by Waratah Strata Management to "negotiate" contract with BigAir.
This information was not part of the Motions but simple statement
that did not even ask owners for approval.
Refer to
"EVIDENCE-14-SP52948-extract-from-agenda-for-AGM-2017-showing-intention-to-negotiate-BigAir-contract-without-owners-corporation.webp".
This is listed the agenda for the AGM 2017 in
"EVIDENCE-13-SP52948-AGM-2017-Notice.pdf", page 18 ("Digital
Services").
13. Waratah Strata Management excluded many Lot 158's Motions from
AGM 2017, including the ones directly related to BigAir and
non-compliance with Motion 17 carried at AGM 2014.
Refer to:
"EVIDENCE-15-SP52948-deliberately-excluded-Motion-for-Amendment-of-Special-By-Law-6-at-AGM-2017.webp"
"EVIDENCE-16-SP52948-deliberately-excluded-Motion-for-BigAir-at-AGM-2017.webp"
"EVIDENCE-17-SP52948-deliberately-excluded-Motion-for-removed-Motions-at-AGM2016-at-AGM-2017.webp"
14. Copy of letter from Waratah Strata Management rejecting Lot
158's Motions (including several for Special By-Laws) without valid
explanation, directly helping Waratah Strata Management and
Uniqueco Pty Ltd (building manager) winning contract renewal at
joint costs of around $340,000.00 per year WITHOUT ANY TENDER or
competitive quotes, and providing misleading, misconstrued, and
false information in the agenda for the AGM 2017.
Refer to
"EVIDENCE-18-Waratah-Strata-Management-excuse-without-grounds-for-removing-owner-Motions-for-AGM-2017-10Oct2017.pdf".
15. Lot 158 complaint to Waratah Strata Management and EC members
about missing Motions and other issues for AGM 2017.
No reply was received.
Refer to
"EVIDENCE-19-SUMMARY-Proxy-vote-from-Lot-158-and-candidacy-for-EC-for-AGM-on-18Oct2017.html",
red-bold highlights.
16. Copy of Minutes of AGM 2017.
Refer to
"EVIDENCE-20-Annual-General-Meeting_Minutes-Strata-Plan-52948-Oct2017.pdf".
Lot 158 requested the copy of all correspondence from Waratah
Strata Management to be through letterbox (no emails), and they
declined to comply.
17. Minutes of EC meeting held on 15 February 2018 and 12 April
2018 confirmed that Waratah Strata Management failed to provide a
service promised since April 2017 and the EC was now allegedly
confirming BigAir would vacate the premises and remove their
equipment.
Refer to attachments with minutes of these EC meetings sent to you
in "Re: NSW Fair Trading Reference 9125004 (Geeves) - Police found
no files in Case 12 - update on 22Apr2018" and "Fwd: NSW Fair
Trading Reference 9125004 (Geeves) - Update on 26Apr2018".
CASE 4 BCS Strata Management and Waratah Strata Management
preventing information about CHU insurance repayment and forcing
owners corporation to repay $8,800.00 for non-existent CTTT
case
1. Copy of the full agenda sent by Waratah Strata Management to EC
members on 1 March 2017, confirming that McCulloch & Buggy Lawyers
approached BCS Strata Management on behalf of CHU Insurance on the
day of AGM 2016 (19 October 2016) and repeated the same request for
reimbursements of overpaid insurance claim in amount of $8,800.00
to Waratah Strata Management on 11 January 2017.
CHU Insurance requested repayment in amount of $8,800.00 for "CTTT
Defence of Lot 3" (ex Chairperson of the EC and current Secretary
of the EC, Mrs. Lorna Zelenzuk) in regards to four insurance claims
they had paid to SP52948
in 2012 in 2013.
The total amount paid by CHU Insurance was $24,919.31, excluding
GST.
Refer to
"EVIDENCE-1-SP52948-Executive-Committee-Meeting_Notice-sent-only-to-EC-members-on-1Mar2017.pdf",
pages 8 and 9.
2. Copy of a letter to CTTT by Solicitor Mr. Adrian Mueller (who
represented owners corporation without being legally approved)
confirming that CTTT case for Lot 3 did not exist on 26 October
2012 (provided herewith for the sake of completeness).
Refer to
"EVIDENCE-2-SP52948-Solicitor-Mueller-Letter-to-TribunalCommission-confirming-Lot-3-not-part-of-proceedings-26Oct2012.pdf",
page 1, part of of Submissions.
3. Screenshots of the four insurance claims for "CTTT defence Lot
3" paid to SP52948i (provided herewith for the sake of
completeness):
EVIDENCE-3-SP52948-Lot-3-Fraudelent-Insurance-Claim-31Aug2012.webp
EVIDENCE-4-SP52948-Lot-3-Fraudelent-Insurance-Claim-7Dec2012.webp
EVIDENCE-5-SP52948-Lot-3-Fraudelent-Insurance-Claim-26Apr2013.webp
EVIDENCE-6-SP52948-Lot-3-Fraudelent-Insurance-Claim-4Jun2013.webp
4. Evidence that Solicitor Mr. Adrian Mueller (without any decision
by the EC or owners corporation), three days after large claim paid
by CHU Insurance on 10 December 2012 (provided herewith for the
sake of completeness):
Refer to
"EVIDENCE-7-SP52948-Solicitor-Mueller-initiated-CTTT-case-without-official-EC-approval-10Dec2012.pdf".
5. On Monday, 27 February 2017, Waratah Strata Management published
agenda for the EC meeting on notice boards in the complex
announcing EC meeting to be held on Thursday, 2 March 2017.
Lot 158, and number of other owners did not receive any personal
copy of the notice via email or by post.
The same evening I spoke to one of the new EC members, Mrs.
Marianna Paltikian and advised her that owners did not receive
copies of the agenda. She verified it with her friends and found
out my statement to be true.
Initially she tried to defend Waratah Strata Management by saying
that agenda was published on the notice boards. Lot 158 refuted
such claim because more than 50% of owners are not living in the
complex, so how would they be notified? Besides, the strata law
prescribes the need for agenda to be sent to all owners.
In addition, three clear-day advance notice for EC meetings was
compulsory.
6. Based on Lot 158 persistence, Waratah Strata Management sent
cut-down version of the agenda to ordinary owners for the same EC
meeting, without providing ANY details of the CHU Insurance request
on 1 March 2017.
The Motion 13 in the notice of EC meeting sent to owners on 1 March
2017 contained deliberately vague and incomplete information about
the insurance request.
Refer to
"EVIDENCE-8-SP52948-Motion-13-agenda-EC-meeting-notice-to-owners-1Mar2017.webp".
Copy of the full notice for the EC meeting dated 1 March 2017:
"EVIDENCE-9-SP52948-Executive-Committee-Meeting_Notice-sent-to-owners-on-1Mar2017.pdf".
7. Email from Waratah Strata Management sent to owners on 1 March
2017 with notice of EC meeting to be held on 16 March 2017.
Subject line in the email did not give any information about the
contents of the message, making it very easy for any recipient to
discard it:
"SP 52948, 1-15 Fontenoy Road, Macquarie Park."
Refer to
"EVIDENCE-10-Notice-for-EC-meeting-with-misleading-Subject-line-1Mar2017.html".
8. Lot 158 requested explanation on how Waratah Strata Management
could allow organisation of EC meeting that was non-compliant with
strata laws on 1 March 2017.
Director of Waratah Strata Management Mr. Robert Crosbie responded
with admission that it was his mistake but declined to acknowledge
72-hours advance notice for EC meetings existed since SSMA
1996.
He refused to notify owners about details of the insurance claim by
CHU Insurance, claiming that the Strata Act did not require owners
to receive detailed agenda (allowing him to mislead the owners
corporation as much as he wanted).
Refer to
"EVIDENCE-11-Waratah-Strata-Management-admission-of-attempt-to-organise-non-compliant-EC-meeting-1Mar2017.html",
red-bold highlights.
9. Lot 158 organized walk through the complex with Waratah Strata
Management and Uniqueco (building manager) on 1 March 2014.
Report of findings and numerous problems was documented through
photographs and email to EC members on 4 March 2017. One of the
items listed was the threat for insurance claim from CHU Insurance
for repayments in "CTTT defence Lot 3".
I also suggested that owners corporation should not repay $8,800.00
but make EC members to do it.
No reply was received.
Refer to
"EVIDENCE-12-SUMMARY-SP52948-meeting-with-Director-of-Waratah-Strata-Management_legal-threat-from-CHU-Insurance-and-other-problems-in-the-complex-4Mar2017.html",
red-bold highlights.
10. Waratah Strata Management failed to inform owners at any
meeting during 2017 that number of lots, including three members of
the EC were unfinancial to vote and represent owners corporation
due to unpaid full levies for second gas connection.
Waratah Strata Management failed to provide any evidence at paid
document search on their premise on 13 June 2017 in regards to
efforts to engage Telecommunications Ombudsman for illegal BigAir
business running in the complex
since 31 January 2014.
11. Waratah Strata Management failed to notify owners before or at
AGM 2017 that three current EC members were unfinancial due to
unpaid full levies for second gas connection since year 2000.
Waratah Strata Management failed to exclude owners from voting at
AGM 2017 who did not pay full levies for second gas connection in
every year since 2000
Mrs. Lorna Zelenzuk (Lot 3)
Mr. Stan Pogorelsky (Lot 181)
Mr. Moses Levitt (Lot 147)
Waratah Strata Management, in spite of repeated requests, failed to
provide evidence that arrears in gas levies were paid by all owners
and EC members to whom the levies apply.
The evidence for this was already provided in:
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 1 PART 1 -
Orchestrated contract with Waratah Strata Management for SP52948 at
AGM 2016 and 2017
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 1 PART 2 -
Orchestrated contract with Waratah Strata Management for SP52948 at
AGM 2016 and 2017
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 2 PART 1 -
Orchestrated contract with Building Manager Uniqueco Pty Ltd for
SP52948 at AGM 2014, 2016 and 2017
'
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 2 PART 2 -
Orchestrated contract with Building Manager Uniqueco Pty Ltd for
SP52948 at AGM 2014, 2016 and 2017
12. In minutes of the EC meeting on 16 March 2017, Waratah Strata
Management published misconstrued, false, and inaccurate
information about CHU insurance payments.
Refer to
"EVIDENCE-13-Motion-13-Minutes-SP52948-EC-meeting-16Mar2017.webp".
Copy of the full Minutes of the EC meeting held on 16 March 2017 is
here: "EVIDENCE-14-SP52948-Minutes-EC-meeting-16Mar2017.pdf".
13. The following document with comprehensive evidence and refutal
of Waratah Strata Management statement in the minutes of EC meeting
dated 16 March 2017 was provided to Waratah Strata Management and
EC members on 4 April 2017.
No reply was received from Waratah Strata Management.
No correction of the minutes of the meeting was provided in any of
the following EC meeting or otherwise by Waratah Strata
Management.
The factual information about fraudulent insurance claims for Lot 3
were not disclosed to owners by Waratah Strata Management.
Refer to
"EVIDENCE-15-SP52948-Undisclosed-Details-of-CHU-Insurance-Reimbursements-Waratah-Strata-Management-Contract-details-and-Defamation-of-Lot-158-through-false-statements-at-EC-meeting-16Mar2017.pdf",
pages 19 to 59 inclusive.
14. Lot 158 sent another email with request to be tabled at the
next EC meeting on 16 April 2017.
It listed web reference with details of all issues from the
previous EC meeting, and also reiterated the facts that number of
owners, including three EC members did not pay in full levies for
the second gas connection for many years.
No reply was received.
Refer to
"EVIDENCE-16-Lot-158-SUBMISSION-for-SP52948-EC-meeting-on-20April2017-16Apr2017.html",
red-bold highlights.
16. Waratah Strata Management published minutes of the following EC
meeting, without any correction or updates in regards to CHU
insurance claims and the fraudulent claims that SP52948 made for
"CTTT defence Lot 3" in 2012 and 2013.
EVIDENCE-17-SP52948-Minutes-EC-meeting-20Apr2017.pdf
EVIDENCE-18-SP52948-Minutes-EC-meeting-20Jul2017.pdf
EVIDENCE-19-SP52948-Minutes-EC-meeting-28Sep2017.pdf
This directly protected the three EC members who were unfinancial
(with special emphasis on Lot 3, Mrs. Lorna Zelenzuk) and forced
owners corporation to repay $8,800.00 for fraudulent insurance
claim that was supposed to defend private user at CTTT (Lot
3)..
17. Lot 158 tried to organize Extraordinary General Meeting for
July 2017 (almost half of the owners were personally approached to
poll if anybody objected).
Waratah Strata Management did not even respond.
The evidence for this was already provided in:
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 1 PART 1 -
Orchestrated contract with Waratah Strata Management for SP52948 at
AGM 2016 and 2017
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 1 PART 2 -
Orchestrated contract with Waratah Strata Management for SP52948 at
AGM 2016 and 2017
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 2 PART 1 -
Orchestrated contract with Building Manager Uniqueco Pty Ltd for
SP52948 at AGM 2014, 2016 and 2017
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 2 PART 2 -
Orchestrated contract with Building Manager Uniqueco Pty Ltd for
SP52948 at AGM 2014, 2016 and 2017
18. Lot 158 submitted Motions for AGM 2017 and almost all of them
were rejected by Waratah Strata Management.
This was documented in:
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 1 PART 1 -
Orchestrated contract with Waratah Strata Management for SP52948 at
AGM 2016 and 2017
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 1 PART 2 -
Orchestrated contract with Waratah Strata Management for SP52948 at
AGM 2016 and 2017
For the sake of brevity, here are the few excluded Motions that
directly protected EC members, Solicitor Mr. Adrian Mueller, and
prevented owners corporation from having full details of CHU
insurance claims.
Refer to documents:
EVIDENCE-20-SP52948-owner-Motion-confirm-prior-relationship-between-Waratah-Strata-Management-and-BCS-Strata-Management-Oct2017.webp
EVIDENCE-21-SP52948-owner-Motion-confirm-undisclosed-insurance-claims-for-Lot-3-in-2012-2013-Oct2017.webp
EVIDENCE-22-SP52948-owner-Motion-confirm-owners-prevented-from-reviewing-Ryan-Strata-tender-at-AGM-2016-Oct2017.webp
EVIDENCE-23-SP52948-owner-Motion-ignored-request-for-EGM-by-Waratah-Strata-Management-and-EC-members-in-June-2017-Oct2017.webp
EVIDENCE-24-SP52948-owner-Motion-undisclosed-Special-By-Law-for-exclusive-rights-to-common-property-granted-to-Lot-3-Oct2017.webp
EVIDENCE-25-SP52948-owner-Motion-undisclosed-conflict-of-interest-by-EC-members-at-AGMs-for-gas-heating-levies-Oct2017.webp
EVIDENCE-26-SP52948-owner-Motion-undislosed-contract-details-for-Waratah-Strata-Management-Oct2017.webp
EVIDENCE-27-SP52948-owner-Motion-retrospective-payments-into-common-funds-as-per-Special-By-Law-12-Oct2017.webp
EVIDENCE-28-SP52948-owner-Motion-confirm-payments-to-Solicitor-Adrian-Mueller-Oct2017.webp
19. Minutes of the AGM 2017 provide evidence that repayment of
$8,800.00 to CHU Insurance was disguised and not reported in clear
terms in Balance Sheet, Income & Expenditure Report, and Statement
of Key Financial Information for FY 2016/2017.
Refer to "EVIDENCE-29-Agenda-AGM-2017-Oct2017.pdf", pages 21
to 32 inclusive.
CASE 5 BCS Strata Management and Waratah Strata Management
failing to respond to inquiries and preventing access to strata
files including By-Laws and contracts
a) BCS Strata Management conducted three EC meetings for SP52948 in
September and October 2016 without agenda and minutes being sent to
owners corporation.
BCS Strata Management secretly charged $935.00 (GST inclusive) for
them.
Meeting straight after AGM 2016 on 19 October 2016 confirmed that
EC meetings in September/October 2016 did not exist since the last
recorded EC meeting was on 20 April 2016.
Refer to documents:
"EVIDENCE-1-SP52948-BCS-Strata-Management-charged-for-three-EC-meetings-without-diclosure-agenda-and-minutes-19Oct2016.pdf"
"EVIDENCE-2-SP25948-Minutes-AGM-2016-19Oct2016.pdf", page 18.
2. Lot 158 sent an email to BCS Strata Management correcting false
statements about levy payment and inquired about three illegal EC
meetings on 22 December 2016.
No reply was received.
BCS Strata Management failed to notify owners corporation about
it.
Refer to
"EVIDENCE-3-SP52948-Lot-158-correcting-BCS-Strata-Management-about-levy-payments-and-three-EC-meetings-without-notice-to-owners-22Dec2016.html",
red-bold highlights.
3. On 27 February 20917, Waratah Strata Management put notice for
EC meeting scheduled for 2 March 20917, which was not compliant
with strata laws.
After I reported it to one EC member (Mrs. Marianna Paltikian), she
confirmed that no owner received notice of the meeting via email or
post, so she forced the reschedule of the meeting.
Lot 158 requested explanation on how Waratah Strata Management
could allow organization of EC meeting that was non-compliant with
strata laws on 1 March 2017.
Director of Waratah Strata Management Mr. Robert Crosbie responded
with admission that it was his mistake but declined to acknowledge
72-hours advance notice for EC meetings existed since SSMA
1996.
He refused to notify owners about details of the insurance claim by
CHU Insurance, claiming that the Strata Act did not require owners
to receive detailed agenda (allowing him to mislead the owners
corporation as much as he wanted).
Refer to
"EVIDENCE-4-SP52948-Waratah-Strata-Management-admission-of-attempt-to-organise-non-compliant-EC-meeting-1Mar2017.html",
red-bold highlights.
4. Lot 158 found out by accident that they did not receive any
invoice for quarterly levies and that there was danger to pay 10%
fee for late payment without any guilt of their own.
An email was sent to Waratah Strata Management om 25 May 2017
requesting urgent delivery of the invoice so that payment could be
provided on time to avoid late fees.
Waratah Strata Management did not provide any reason why they
failed to send the invoice and simply promised to send it on 26 May
2017.
Suspicious of their activities, predicting that their letter would
be delayed deliberately, Lot 158 had paid before their letter
arrived.
The datestamp on the letter arriving from Waratah Strata Management
was 30 May 2017, confirming that it was never sent on 26 May as
stated by the strata agency. The letter arrived on 31 May 2017,
when an updated email was sent to Waratah Strata Management.
Lot 158 also requested that all future notices be sent via
post.
They never replied. No apology or any reasonable explanations were
provided.
Refer to
"EVIDENCE-5-SP52948-Missing-Invoice-for-Quarterly-Levies-for-SP52948-Lot-158-31May2017.html",
red-bold highlights.
5. On 13 June 2017, Lot 158 organized PAID document search for
SP52948 at Waratah Strata Management office. As predicted from
previous searches, number of documents were missing.
A report was sent to Waratah Strata Management and EC members with
list of missing documents on 14 July 2017.
No reply was received.
Refer to
"EVIDENCE-6-SP52948-Outcome-of-request-for-inspection-of-records-at-Waratah-Strata-Management-on-13Jun2017.html",
red-bold highlights.
6. A non-compliant EC meeting was held on 30 June 2017, approving
contract with Liftronics for elevator maintenance, without
disclosure of any tender or details of the contract.
Lot 158 found out about it and notified Waratah Strata Management
and EC members on 16 July 2017. He also asked that his vote against
Motions for Liftronics contract due to lack of information.
Copy of the alleged EC meeting on 30 July 2017:
"EVIDENCE-5-SP52948-illegal-EC-meeting-30Jun2017.pdf".
No reply and no access was provided to the Liftronics contract.
Refer to
"EVIDENCE-8-SP52948-Secret-EC-meeting-on-30Jun2017-16Jul2017.html",
red-bold highlights.
7. Lot 158 email sent a reply to Waratah Strata Management
requesting printed copy of Agenda for AGM 2017 to be sent by post
on 12 October 2017.
No reply or letter by post was received.
Refer to "EVIDENCE-9-Re-SP52948-AGM-2017-12Oct2017.html", red-bold
highlights.
8. Based on fact that the Agenda for AGM 2017 failed to
include Lot 158's Motions, and that the rest of the notice was
incomplete and misconstrued, Lot 158 sent an email to Waratah
Strata Management on 12 October 2017.
In it, it was documented that agenda was not sent by post (in spite
of Director Mr. Robert Crosbie giving assurance that they would be
sent to any owner who requested it), and that many other items were
not prepared properly (lack of tenders for Waratah Strata
Management and Uniqueco totaling around $340,000.00 per year is one
of them).
No reply was received.
Refer to
"EVIDENCE-10-SUMMARY-SP52948-proxy-vote-from-Lot-158-18Oct2017.html",
red-bold highlights.
9. Lot 158 requested paper copy of the Minutes of the AGM 2017 on
21 November 2017.
Waratah Strata Management failed to respond or send it.
Refer to
"EVIDENCE-11-email-to-Waratah-Strata-Management-requesting-AGM-Minutes-via-post-21Nov2017.txt".
10. Lot 158 requested paper copy of latest SP52948 By-Laws on 23
November 2017.
Waratah Strata Management failed to respond or send it.
Refer to
"EVIDENCE-12-SP52948-Request-for-paper-copy-of-latest-By-Laws-23Nov2017.html".
11. Lot 158 requested paper copy of the elevator contract with
Liftronics (overdue since initial request in early July 2017) on 27
November 2017.
This contract is crucial for many reasons, including who signed it
(Waratah Strata Management contract was signed by unfinancial EC
members Mr. Stan Pogorelsky and Mr. Moses Levitt in December 2016),
and these two EC members are typically the ones who sign the
contract on behalf of SP52948 in last two years. As they did not
pay full levies for second gas connection (and deny owners the
right to be notified about it). Same issue applies to Mrs. Lorna
Zelenzuk who also has not paid full levies for second gas
connection since year 1999.
Waratah Strata Management failed to respond or send it.
Refer to
"EVIDENCE-13-SP52948-Request-copy-of-elevator-contract-with-Liftronic-27Nov2017.html".
12. Lot 158 did not receive agenda from Waratah Strata Management
for EC meetings held on 15 February 2018 and 12 April 2018.
13. Lot 158 did not receive minutes from Waratah Strata Management
for EC meetings held on 15 February 2018 and 12 April 2018.
14. Waratah Strata Management failed to publish minutes of EC
meeting held on 15 February 2018 on notice boards.
15. Based on your advice in person, I notified new Treasurer of the
EC, Mr. Thomas Karolewski, via emails on 22 and 26 April 2018. No
reply was received.
16. Waratah Strata Management failed to respond, or take actions in regards to problem reports and complaints dated:
8 February 2018
18 February 2018
3 March 2018
No update of minutes of EC meetings contained replies to my wife's and my complaints and requests to provide access to strata files.
My wife's complain was very serious in regards to ongoing stalking and intimidation, which resulted in third Police event in March 2018.
The comment from Waratah Strata Management on 26
April 2018 stated in very value phrase:
CASE 6 Waratah Strata Management provided
false details in By-Laws, repetitively failed to include Special
By-Law 4 for owners and investors, and failed to provide owners
with updated By-Laws
1. Department of Land NSW recommendation to engage Police to
investigate misconduct in regards to registration of Special By-Law
related to Lot 3 (current Secretary of the EC), and hiding that
By-Law from all owners and investors since June 2003.
This document is provided herewith for the sake of
completeness.
Refer to
"EVIDENCE-1-Response-from-Department-of-Land-NSW-recommending-Police-investigation-Special-By-Laws-Sp52948-17Mar2015.html",
red-bold highlights.
2. Based on Lot 158's complaint on 25 March 2017 about missing
Special By-Law in relation to exclusive rights to common property
granted to Lot 3 (current Secretary of the EC), Director of Waratah
Strata Management Mr. Robert Crosbie responded on 28 March 2017,
with confirmation of their alleged mistake.
Waratah Strata Management then provided Lot 158 with a copy of the
By-Laws which falsely listed Special By-Law as Ordinary By-Law for
Lot 3.
Refer to
"EVIDENCE-2-Waratah-Strata-Management-created-false-By-Law-4-28Mar2017.html",
red-bold highlights.
3. Copy of the added Ordinary By-Law for Lot 3 that should have
been Special By-Law:
"EVIDENCE-3-By-Law-added-by-Waratah-Strata-Management-on-28Mar2017.webp".
Full copy of the SP52948 By-Laws as sent to Lot 158 only:
"EVIDENCE-4-SP52948-By-Laws-Waratah-Strata-added-Special-By-Law-4-for-Lot-3-after-13-and-half-years-since-its-registration-as-per-warnings-by-Lot-158-28Mar2017.pdf".
4. Copy of the By-Law for Lot 3 that was not correctly registered
with Department of Land on 24 July 2003 because it had to be a
Special By-Law, as per Minutes of the Extraordinary General Meeting
held on 24 January 2003 (provided herewith for the sake of
completeness).
Refer to
"EVIDENCE-5-Special-By-Law-4-registered-24Jul2003.pdf".
Proof that owners corporation made Special Resolution on 24 January
2003 (provided herewith for the sake of completeness)::
"EVIDENCE-6-SP52948-Minutes-EGM-2003-24Jan2003.pdf".
5. Lot 158 checked published By-Laws on Waratah Strata Management
web portal and found out that they did not include By-Law for Lot
3. He sent an email to EC members on 3 April 2017, warning about
complex mismanagement and missing By-Law for Lot 3. Secretary of
the EC (Lot 3, Mrs. Lorna Zelenzuk) was included in the email.
No response was received.
Refer to
"EVIDENCE-7-SP52948-CHU-Insurance-claim-and-missing-Special-By-Law-on-website-on-1Apr2017-3Apr2017.html",
red-bold highlights.
6. On 27 April 2017 Waratah Strata Management replied to Lot 158
without addressing all reported problems. Of special interest
herewith is the fact that:
a) They confirmed it should be Special By-Law for Lot 3.
b) Website got new version of By-Laws, including the one for
Lot 3.
Refer to
"EVIDENCE-8-SP52948-Waratah-Strata-management-agelled-updated-By-Laws-on-website-27Apr2017.html",
red-bold highlights.
7. Lot 158 checked Waratah Strata Management web portal on 30 April
2017 and confirmed yet again that they provided false statements.
By-Laws did not include the one for Lot 3.
An email was sent to Waratah Strata Management and EC members not
only providing full evidence that By-Law for Lot 3 did not exist,
but as well that such statements by Waratah Strata management were
false.
No immediate reply was provided.
Refer to
"EVIDENCE-9-REMINDER-SP52948-Still-Missing-Special-By-Law-4-on-Waratah-Strata-Management-web-portal-on-30Apr2017.html",
red-bold highlights.
8. Waratah Strata Management responded to Lot 158 on 5 May 2017,
without any action taken and no changes of the By-Laws on their web
site.
Refer to
"EVIDENCE-10-Waratah-Strata-Management-reply-without-action-SP52948-Still-Missing-Special-By-Law-4-on-Waratah-Strata-Management-web-portal-4May2017.html".
9. Strata document search on 13 June 2017 on Waratah Strata
Management premises confirmed that lot of files were missing and
By-Law for Lot 3 was still not published for any owner and
investor.
This was reported to Waratah Strata Management and EC members.
No reply was received.
Refer to
"EVIDENCE-11-SP52948-Outcome-of-request-for-inspection-of-records-at-Waratah-Strata-Management-on-13Jun2017.html",
red-bold highlights.
10. With full evidence that complex was mismanaged on a large
scale, after contacting almost half of the owners corporation in
person and not receiving any complaint, Lot 158 submitted request
for Extraordinary General Meeting to Waratah Strata Management and
EC members on 25 June 2017.
Details for By-Law related to Lot 3 and other conflicts of interest
by EC members were listed.
A reply was never received.
Refer to
"EVIDENCE-12-OFFICIAL-REQUEST-SP52948-Convene-Extraordinary-General-Meeting-in-July-2017-25Jun2017.html",
red-bold highlights.
11. Waratah Strata Management rejected almost all Motions from Lot
158 in agenda for the AGM 2017 and the owner sent the following
summary on 18 October 2017.
No reply or action by them followed.
"EVIDENCE-13-SUMMARY-Proxy-vote-from-Lot-158-and-candidacy-for-EC-for-AGM-on-18Oct2017.html",
red-bold highlights.
12. AGM 2017 disallowed even inclusion of Motions for changes of
By-Laws by Lot 158.
Refer to:
"EVIDENCE-14-Motions-by-Lot-158-mostly-excluded-from-AGM-Oct2017.pdf"
Of special interest are Motions related to Lot 3, EC members, and
Special Resolutions. Here are a few:
"EVIDENCE-15-Motion-by-Lot-158-about-improved-financial-reporting-and-auditing-delibarately-excluded-from-agenda-by-Waratah-Strata-Managament-19Oct2017.webp"
"EVIDENCE-16-SP52948-owner-Motion-confirm-undisclosed-insurance-claims-for-Lot-3-in-2012-2013-Oct2017.webp"
"EVIDENCE-17-SP52948-owner-Motion-undisclosed-Special-By-Law-for-exclusive-rights-to-common-property-granted-to-Lot-3-Oct2017.webp"
"EVIDENCE-18-SP52948-owner-Motion-undisclosed-conflict-of-interest-by-EC-members-at-AGMs-for-gas-heating-levies-Oct2017.webp"
"EVIDENCE-19-SP52948-owner-Motion-undislosed-contract-details-for-Waratah-Strata-Management-Oct2017.webp"
"EVIDENCE-20-SP52948-owner-Motion-retrospective-payments-into-common-funds-as-per-Special-By-Law-12-Oct2017.webp"
"EVIDENCE-21-SP52948-owner-Motion-confirm-prior-relationship-between-Waratah-Strata-Management-and-BCS-Strata-Management-Oct2017.webp"
"EVIDENCE-22-SP52948-owner-Motion-Repeal-Special-By-Law-12-Oct2017.webp"
Minutes of AGM 2017 were provided in Case:
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 3 -
Non-compliance by Waratah Strata Management and Waratah Strata
Management in regards to illegal BigAir business
"EVIDENCE-20-Annual-General-Meeting_Minutes-Strata-Plan-92548-Oct2017.pdf"
13. Two additional requests by Lot 158 for access to latest By-Laws
were ignored by Waratah Strata Management since 23 November
2017.
Refer to:
"EVIDENCE-23-SP52948-Request-for-paper-copy-of-latest-By-Laws-23Nov2017.html"
"EVIDENCE-24-SP52948-Request-copy-of-elevator-contract-with-Liftronic-27Nov2017.html"
14. Proof that throughout the year, screenshots show SP52948
By-Laws were not changed on Waratah Strata Management web site
since 6 March 2017:
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-30Mar2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-3Apr2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-30Apr2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-14May2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-31May2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-16Jul2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-17Sep2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-22Nov2017.webp"
15. Full screenshot of ALL available documents on Waratah Strata
Management web site dated 6 December 2017 confirm it as well:
"SP52948-screen-1.webp"
"SP52948-screen-1.webp"
"SP52948-screen-1.webp"
16. This Special By-Law that deals with "Unreasonable
Communication" is vague, prone to dubious interpretations, and
allows strata manager and EC members to consider any item that they
refuse to deal with as "unreasonable".
Refer to:
"EVIDENCE-25-verify-validity-of-this-Special-By-Law-part-1-Oct2017.webp"
"EVIDENCE-26-verify-validity-of-this-Special-By-Law-part-2-Oct2017.webp"
17. Email sent to you "SUMMARY - Secret and Illegal Consolidated
By-Laws NSW Fair Trading Reference 9125004 (Geeves) - Update on
26Apr2018" contain full details and evidence of currently
undisclosed and improperly registered By-Laws for SP52948:
It also means, any payments from common funds to selective
townhouse owners (including undeclared benefits to current
Executive Committee member Mr. John Gore), since 1 November 2017
are ILLEGAL.
a) My "CASE 1 Orchestrated contract with Waratah Strata Management
for SP52948 at AGM 2016 and 2017" contains details of excluded
Motions for AGM 2016 (run by BCS Strata Management) and AGM 2017
(run by Waratah Strata Management).
Among the others, they contain direct relation to inequitable
Special By-Laws 12 (inequitable and not properly applied levies for
second gas connections since 1999, and benefited at least six
Executive Committee members in different years without disclosure
to owners) and Special By-Law 13 (inequitable benefits to selective
townhouse owners for personal water and gas usage since 1999 which
directly benefited four Executive Committee members in different
years without disclosure to owners).
b) Annual General Meetings in 2016 and 2017 were conducted without
compliance with strata laws because they counted votes from
unfinancial owners, including members of the EC and failed to meet
legal requirements to run them (details provided in other
CASES).
c) In
"EVIDENCE-62-Annual-General-Meeting_Minutes-Strata-Plan-52948-24Oct2017.pdf"
in "CASE 2 Orchestrated contract with Building Manager Uniqueco Pty
Ltd for SP52948 at AGM 2014, 2016 and 2017", on page 9, it
says:
BEGIN QUOTE
Note: Proposed Special By-Law 13 was not approved in its current
form. The strata committee is to
review the charges being incurred for water and gas supply by the
townhouse and unit owners and
amend the by-law to ensure it is equitable.
END QUOTE
d) Six day later, without owners corporation knowledge to this day
29 April 2018, Mr. Robert Crosbie from Waratah Strata Management
registered Consolidated By-Laws with the Department of Lands
NSW.
I obtained a copy of these By-Laws in paid search on 27 April 2018
at cost of $14.00, which was an unnecessary expense if Waratah
Strata Management had published it for all owners.
Refer to document "SP52948-Consolidated-By-Laws-1Nov2017.pdf".
In it, Special By-Law 13 was registered, without ANY changes, in
direct non-compliance with the decision at Annual General Meeting
held on 24 October 2017.
It also means, any payments from common funds to selective
townhouse owners (including undeclared benefits to current
Executive Committee member Mr. John Gore), since 1 November 2017
are ILLEGAL.
e) I requested a copy of the latest By-Laws from Waratah Strata
management on 23 November 2017. Mr. Robert Crosbie and Mr. Simon
Wicks failed to respond in spite of their duty of implicit
Chairperson, Secretary and Treasurer of the EC because these roles
were not filled at the AGM on 24 October 2017.
Refer to
"EVIDENCE-12-SP52948-Request-for-paper-copy-of-latest-By-Laws-23Nov2017.html"
in "CASE 5 BCS Strata Management and Waratah Strata Management
failing to respond to inquiries and preventing access to strata
files including By-Laws and contracts".
f) Another attempt to obtain access to strata files was made on 8
December 2017.
Mr. Robert Crosbie and Mr. Simon Wicks failed to respond in spite
of their duty of implicit Chairperson, Secretary and Treasurer of
the EC because these roles were not filled at the AGM on 24 October
2017.
Refer to
"EVIDENCE-16-Request_SP52948-documents-for-Lot-158-8Dec2017.html"
in "CASE 8 Long-term fire-safety non-compliance and false reports
to Ryde City Council".
g) As the current By-Laws are published on Waratah Strata
Management web site, I myself obtained the copy, which I provided
to your office.
Here is the current version as of last week
"SP52958-Waratah-Strata-By-Laws-still-missing-Special-By-Law-for-EC-member-exclusive-rights-to-common-property-Apr2018.pdf".
None of the changed By-Laws from AGM 2017, including By-Law for Lot
3 is published.
Copy of the By-Law for Lot 3 that was not correctly registered with
Department of Land on 24 July 2003 because it had to be a Special
By-Law, as per Minutes of the Extraordinary General Meeting held on
24 January 2003 was sent to your office in
"EVIDENCE-5-Special-By-Law-4-registered-24Jul2003.pdf" in "CASE 6
Waratah Strata Management provided False details in By-Laws,
repetitively failed to include Special By-Law 4 for owners and
investors, and failed to provide owner with updated By-Laws".
In the same CASE, I submitted evidence that Waratah Strata
Management did not update By-Laws on their web site since 6 March
2017:
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-30Mar2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-3Apr2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-30Apr2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-14May2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-31May2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-16Jul2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-17Sep2017.webp"
"SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-22Nov2017.webp"
I also sent your office latest screenshot of Waratah Strata
Management web site dated 26 April 2018.
h) EC meeting held on 15 February 2018 (refer to
"SP52948-EC-meeting-minutes-15Feb2018.pdf"), without disclosing to
owners that Consolidated By-Laws were already registered, reported
the following alleged planned changes to Special By-Law 13,
including the plan to submit them for the next general meeting:
BEGIN QUOTE
By-Law Review - Renovations: Resolved the strata manager is to
request a fee proposal from
Crittenden Lawyers to prepare new by-laws to cover unit renovation
works, including replacing
kitchens, bathrooms & laundries, installing air conditioners and
installing hard floor coverings. The
by-law should include retrospective approval for any of these works
already carried out. By-Law
13: Resolved that following a review of the current reimbursement
of townhouse gas and water
usage charges, it was resolved that only the gas and water usage
charges would be reimbursed
and not the service availability charges. Further resolved that the
amendments to By-Law 13
previously prepared by Crittenden Lawyers are to be included on the
next available general
meeting agenda for approval by the Owners Corporation.
END QUOTE
i) EC meeting held on 12 April 2018 (refer to
"SP52948-Minutes-EC-meeting-12Apr2018.pdf"), reported the following
unapproved (at general meeting) changes to alleged By-Laws and the
fact that Consolidated By-Laws already exist since 1 November 2017
but are withheld from owners and investors:
BEGIN QUOTE
By-Law Review - Crittenden Lawyers are to be requested to provide a
consolidated set of all
by-laws (existing and proposed) so this document can be reviewed by
the committee prior to the
next meeting.
By-Law 13 - As for previous item.
GENERAL BUSINESS
Resolved that following general business items were raised and
discussed:
GAS USAGE CHARGES
The strata manager is to prepare a document that summarises:
which lots have additional gas points for heating and are to be
charged the $220 annual fee for
the extra gas usage (this "Additional Gas Point Fee" is for the
period 1/9 - 31/8 each year and is to
be charged around 1 May each year).
which townhouse lots are entitled to claim for gas usage
charges
which townhouse lots have additional gas points (hot water or
heating) and are not entitled to
claim for gas usage (A letter is to be sent to those lot owners to
advise they will not be charged the
Additional Gas Point Fee, but cannot claim for gas usage costs)
which townhouse lots do not have any gas connection and so do not
claim for gas usage
which townhouse lots are entitled to claim for water usage
END QUOTE
18. Based on your advice in person, I notified new Treasurer of the
EC, Mr. Thomas Karolewski, via emails on 22 and 26 April 2018. No
reply was received.
CASE 7 BCS Strata Management and Waratah Strata Management
conducted non-compliant AGM 2016 and 2017, and expensive painting
project without evidence of proper tender, without disclosure of
warranties, without full repairs, and through dubious financial
statements in 2017
a) BCS Strata Management and Waratah Strata Management failed to
provide details of alleged six quotes for the painting contract at
AGM 2016 and at strata document search on 13 June 2017.
b) The Agenda and Minutes of the AGM 2016 held on 4 November 2016
confirm that the estimated value of the painting contract with
Townview Australia Pty Ltd was between $600,000.00 and $650,000.00
(GST inclusive because there was no specific mention the GST was
excluded from the listed figure).
c) BCS Strata Management and Waratah Strata Management conducted
general meetings in 2016 and 2017 without compliance with strata
laws, including deliberately excluding valid Motions from Lot
158.
d) Minutes of AGM 2016 confirmed that the EC was not allowed to
spend more than 10% over any single budget item.
e) BCS Strata Management and Waratah Strata Management failed to
disclose to owners that the full contract with Townview Australia
Pty Ltd was in amount of $630,846.00 (including GST).
f) Waratah Strata Management failed to disclose to owners the
following breakdown of expenses for the painting project that they
were aware of as early as 3 March 2017:
Block A: $117,700.00 (including GST)
Block B: $117,700.00 (including GST)
Block C: $117,700.00 (including GST)
Block D: $117,700.00 (including GST)
Various Structures: $66,000.00 (including GST)
Townhouses: $92,950.00 (including GST)
Total cost: $629,750.00 (including GST).
g) Motion 3 in the Minutes of EC meeting held on 20 July 2017 shows
that around half of the project cost having been paid to date.
Allegedly three quotes from RJ Bird Services to carry out remedial
repairs required prior to painting were accepted at a total cost of
$27,580.00. No details of the "remedial repairs", and no evidence
or statements about multiple quotes being sought from different
providers were provided to any owner.
h) Motion 3 in the Minutes of EC meeting held on 28 September 2017
shows that the painting project was complete and all accounts had
been paid except the 5% retention amounts totaling $28,187.00 +
GST.
No details of the total costs, warranties, and other details were
provided to owners.
i) Agenda for the AGM 2017 sent to owners contained information
that the total costs for the painting project were $646,200.00 plus
GST (totaling $710.820.000).
j) Lot 158 asked for full details and breakdown of the costs for
townhouse painting and "various structures". Waratah Strata
Management declined to respond or provide any evidence.
Townhouses have very low requirement for painting. They do not have
render on walls and last time the pergolas were painted in
2010/2011, making it three times in period 1996-2011.
At the same time, buildings were only painted only once in period
1996-2016 (apart from disastrous soft-wash of external walls in
2002-2003).
k) Waratah Strata Management listed total costs in the Agenda for
AGM 2017 on page 25 (Capital Works Fund) as $610.357,26 (plus GST).
If one adds figure of $28,187.00 (retention amount of 5% as per
Motion 3 in Minutes of EC meeting held on 28 September 2017), it
totals $638,544.00 (plus GST).
l) The costs listed in the approved Minutes of the AGM 2016 differ
from costs listed in the payment schedules dated 3 March 2017, and
also differ from what Waratah Strata Management listed in the
agenda for AGM 2017.
m) Request to Waratah Strata Management to provide details of the
warranties that apply to the painting work has been declined so
far.
n) Evidence of outstanding work (for example, rusted louvres not
painted from the inside of the basement of the garages) is withheld
from owners
by Waratah Strata Management.
o) This is provided only for the sake of completeness (I am aware
it cannot be reviewed at this late stage). Nevertheless, it shows
the powers of deceit and
how easy it is to manipulate the strata laws and abuse owners
corporations funds.
In 2004, BCS Strata Management ran rigged building painting tender
where two companies had the exactly the same price up to a cent
($446,380.00). Third quote was in amount of $480,010.00. Strata
Manager persuaded Executive Committee (EC) members to vote without
general meeting and select the company he had preferred. The
general meeting was scheduled only two weeks after the vote,
without providing owners any details. Even more, the Chairperson's
note before the Annual General Meeting (AGM) 2004 falsely stated
that the winning contract was $464,000.00, plus GST, whereas the
real quote was $446,380.00 INCLUSIVE of GST. The final expenses
grew to $556,640.00 (without owners corporation approval at any
general meeting), of which $43,160.00 is still unaccounted for, and
BCS failed to provide any financial statements in spite of five
requests as per SSMA 1996 S108.
1. BCS Strata Management organize non-compliant general meeting on
4 November 2017. It included deliberately removing Motions by Lot
158, executing illegal ballot paper counts, failing to correct
Minutes of AGM 2015, hiding information about unfinancial owners
(including three current EC members) for unpaid full levies for
second gas connection, and much more.
More details are in Case:
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 1 PART 1 -
Orchestrated contract with Waratah Strata Management for SP52948 at
AGM 2016 and 2017
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 1 PART 2 -
Orchestrated contract with Waratah Strata Management for SP52948 at
AGM 2016 and 2017
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 4 - BCS
Strata Management and Waratah Strata Management preventing
information about CHU insurance repayment and forcing owners
corporation to repay $8,800.00 for non-existent CTTT case
Re: NSW Fair Trading Reference 9125004 (Geeves) - CASE 5 - BCS
Strata Management and Waratah Strata Management failing to respond
to inquiries and preventing access to strata files including
By-Laws and contracts
2. One of the Motions at AGM 2016 was the painting project.
The Agenda and Minutes of the AGM 2016 held on 4 November 2016
confirm that the estimated value of the painting contract with
Townview Australia Pty Ltd was between $600,000.00 and $650,000.00
(GST inclusive because there was no specific mention the GST was
excluded from the listed figure).
It also listed total costs for painting supervisor Paint Solutions
& Associates (PSA) to be between $39,000.00 to $42,500.00
(including GST).
Refer to Motions 15 and 16 in
"EVIDENCE-1-SP52948-approved-Motions-for-painting-project-AGM-4Nov2016.webp".
Motion 6.1 in the same Minutes confirmed that owners corporation
defeated Motion for the restriction in Section 80A of the Act that
the Executive Committee be limited from spending more than 10% over
any single budget item be removed.
In other words, Section 80A applied.
Refer to
"EVIDENCE-20-SP5298-approved-Motion-6-limit-expenditure-AGM-2016.webp".
3. Full copy of the Minutes of AGM 2016 are in:
"EVIDENCE-2-SP25948-Minutes-AGM-2016-4Nov2016.pdf".
4. BCS Strata Management failed to include 34 Motions and
misconstrued others initiated by Lot 158 for AGM 2016, including
the ones that relate to problems with maintenance.
Refer to
"EVIDENCE-3-Motions-by-Lot-158-that-BCS-Strata-Management-deliberately-excluded-or-misquoted-on-19Oct2016.pdf",
pages 5, 10, 11, 12, 14, 19, 20, 22, 25, 26, 27, 28, 29, 33, 34,
38, 45,
5. Lot 158 attempted to reason with BCS Strata Management and EC
members number of times. Two are included in email dated 4 and 7
October 2016, documenting requirement to properly conduct tender
for building painting, including conditions in the contracts,
warranties, scope of work, and so on.
BCS Strata Management ignored those request and comments.
BCS Strata Management never allowed access to other alleged quotes
for the painting project, in spite of repeated requests.
Refer to
"EVIDENCE-4-SP52948-AGM-Agenda-19.10.2016-first-comments-on-4Oct2016-update-7Oct2016.html",
red-bold highlights.
6. Lot 158 attempted to engage senior managers (Mr. Greg Freeman
and Greg Nash) at BCS Strata Management and Pica Group (parent
company of BCS) to no avail.
Details are in other 9125004 Cases for Mr. Geeves.
7. The full details of the painting contract were found by chance
when Lot 158 conducted SP52948 document search on 13 June 2017.
The document dated 3 March 2017 contained details that full
contract with Townview Australia Pty Ltd was in amount of
$630,846.00 (including GST).
That figure was never disclosed to owners.
Refer to
"EVIDENCE-5-SP52948-details-of-painting-contract-with-Townview-undislosed-to-owners-3Mar2017.webp".
The same document shows the following breakdown of the costs (also
not disclosed to owners by Waratah Strata Management):
"EVIDENCE-21-SP52948-painting-contract-payment-schedule-Block-A-and-townhouses-undislosed-to-owners-3Mar2017.webp".
"EVIDENCE-22-SP52948-painting-contract-payment-schedule-Block-B-undislosed-to-owners-3Mar2017.webp".
"EVIDENCE-23-SP52948-painting-contract-payment-schedule-Block-C-and-D-undislosed-to-owners-3Mar2017.webp".
"EVIDENCE-24-SP52948-painting-contract-payment-schedule-various-structures-undislosed-to-owners-3Mar2017.webp"
8. The same document dated 3 March 2017 confirmed that warranties
for the painting project were not defined BEFORE the award of the
contract but would be defined several months after the completion
of the painting project.
BCS Strata Management and Waratah Strata Management (who took
office from BCS on 1 February 2017) failed to inform owners about
it at all meetings.
Refer to
"EVIDENCE-6-SP52948-warranties-for-painting-contract-with-Townview-undislosed-to-owners-3Mar2017.webp".
9. Motion 5 in the Minutes of EC meeting held on 16 March 2017
shows that no significant information about painting project was
passed to owners.
Refer to "EVIDENCE-7-SP52948-Minutes-EC-meeting-16Mar2017.pdf".
10. Motion 2 in the Minutes of EC meeting held on 20 April 2017
shows that no significant information about painting project was
passed to owners.
Refer to "EVIDENCE-8-SP52948-Minutes-EC-meeting-20Apr2017.pdf".
11. Motion 3 in the Minutes of EC meeting held on 20 July 2017
shows that around half of the project cost having been paid to
date. Allegedly three quotes from RJ Bird Services to carry out
remedial repairs required prior to painting were accepted at a
total cost of $27,580.00. No details of the "remedial repairs", and
no evidence or statements about multiple quotes being sought from
different providers were provided to any owner.
Refer to "EVIDENCE-9-SP52948-Minutes-EC-meeting-20Jul2017.pdf".
12. Lot 158 conducted SP52948 document search on Waratah Strata
Management premises on 13 June 2017. Lot of documents were
missing.
Report on the findings was provided to Waratah Strata Management
and EC members. No reply was received.
Refer to
"EVIDENCE-10-SP52948-Outcome-of-request-for-inspection-of-records-at-Waratah-Strata-Management-on-13Jun2017.html",
Refer to
"EVIDENCE-11-ANNOTATED-SUMMARY-for-Waratah-Strata-Management-on-SP52948-Open-Issues-and-still-undisclosed-Special-By-Law-for-Lot-3-and-photos-of-the-complex-17Mar2017.html",
red-bold highlights.
13. Lot 158 tried to organize EGM for July 2017, based on fact that
around half of the owners did not object to it (including EC
members).
The request was not responded to and not complied with by Waratah
Strata Management.
Refer to
"EVIDENCE-12-OFFICIAL-REQUEST-SP52948-Convene-Extraordinary-General-Meeting-in-July-2017.html",
red-bold highlights.
14. Motion 3 in the Minutes of EC meeting held on 28 September 2017
shows that the painting project was complete and all accounts had
been paid except the 5% retention amounts totalling $28,187.00 +
GST.
No details of the total costs, warranties, and other details were
provided to owners.
Refer to
"EVIDENCE-19-SP52948-Minutes-EC-meeting-28Sep2017.pdf".
15. Lot 158, having photographic evidence of the number of issues
with the maintenance of the complex sent another email to Waratah
Strata Management and EC members on 1 October 2017.
Waratah Strata Management did not respond.
Refer to
"EVIDENCE-13-BRIEF-SUMMARY-Status-of-complex-and-reactive-maintenance-on-1Oct2017.html".
16. Realizing that AGM 2017 will be a repeat of previous meetings,
and conducted in non-compliance with Strata Act, Lot 158 sent
another email to Waratah Strata Management and EC members on 5
October 2017.
Among the other issues, it listed maintenance and painting problems
in the complex.
Waratah Strata Management did not respond or take any actions.
Refer to:
"EVIDENCE-14-SUMMARY-Latest-Motions-from-Lot-158-and-Building-Manager-maintenance-issues-on-5Oct2017.html",
red-bold highlights.
"EVIDENCE-15-SP52948-Some-of-continuous-issues-ignored-by-Building-Manager-Steve-Carbone-5Oct2017.pdf".
17. Agenda for the AGM 2017 sent to owners contained information
that the total costs for the painting project were $646,200.00 plus
GST (totaling $710.820.000).
Refer to page 19 of "EVIDENCE-16-SP52948-AGM-2017-Notice.pdf".
18. Lot 158's Motions for AGM were almost completely disallowed by
Waratah Strata Management.
Refer to:
"EVIDENCE-17-SP52948-AGM-or-EGM-2017-Motions-by-Lot-158-final-short-version.pdf".
"EVIDENCE-18-Annual-General-Meeting_Minutes-Strata-Plan-52948-24Oct2017.pdf".
"EVIDENCE-25-SUMMARY-Proxy-vote-from-Lot-158-and-candidacy-for-EC-for-AGM-on-18Oct2017.html".
CASE 8 Long-term fire-safety non-compliance and false reports to
Ryde City Council
1. On 11 April 2016, owners received the following notice through
building manager Uniqueco Pty Ltd (Director Mr. Steven
Carbone):
Refer to
"EVIDENCE-1-SP52948-BCS-Strata-Management-urgent-Fire-Services-due-to-neglect-of-management-repairs-notice-to-owners-11Apr2016.webp".
In it, 12 units were listed to be non-compliant with fire safety
regulations, including mine.
The letter alleged that urgent repairs were needed, without
providing any details of the problem.
2. I sent an email to BCS Strata Management and Uniqueco Pty Ltd,
documenting problems with my fire door and asking why were my
previous
requests for fire safety ignored.
Refer to
"EVIDENCE-2-REQUEST-FOR-OFFICIAL-RESPONSE-FIRE-DOOR-SP529487-Lot-158-NON-COMPLIANCE-WITH-1905.1-and-AS1530.4-11Apr2016.html",
red-bold highlights.
BCS Strata Management did not respond and neither did Uniqueco Pty
Ltd initially.
3. On 25 April 2016, I followed up with another email.
In it, I provided details of old complaints about fire safety
dating back to 2013.
I also provided photos of how poorly complex was maintained.
No reply was received from BCS Strata Management and Uniqueco Pty
Ltd.
Refer to
"EVIDENCE-3-Re_REQUEST-FOR-OFFICIAL-RESPONSE-FIRE-DOOR-SP529487-Lot-158-NON-COMPLIANCE-WITH-1905.1-and-AS1530.4-25Apr2016.html",
red-bold highlights.
4. On 29 April 2016, I followed up with another email, with
submission for next EC meeting.
In it, I provided details of old complaints about fire safety
dating back to 31 July 2013.
No reply was received from BCS Strata Management.
Refer to
"EVIDENCE-4-Fwd_OFFICIAL-Submission-for-next-EC-MEETING_SP52948-Costly-Delay-in-Rectifying-Fire-Safety-Problems-29Apr2016.html",
red-bold highlights.
5. Evidence that even BCS Strata Management NSW COO Mr. Greg
Freeman (or his staff) read my email:
Refer to
"EVIDENCE-5-Greg-Freeman-Read_OFFICIAL-Submission-for-next-EC-MEETING_SP52948-Costly-Delay-in-Rectifying-Fire-Safety-Problems-29Apr2016.html".
6. I sent another email to BCS Strata Management and Uniqueco Pty
Ltd on 9 May 2016.
BCS Strata Management did not reply.
Uniqueco Pty Ltd (Mr. Steve Carbone) tried to force me to accept
incomplete resolution to my fire door non-compliance, which I
rejected.
In his attempt, Mr. Carbone tried to blame fire safety issues on
the previous building manager, which had no grounds because Mr.
Carbone worked for them for almost four years before he had won the
contract from them.
Refer to
"EVIDENCE-6-Re_REQUEST-Why-is-information-about-fire-safety-issues-serious-water-leaks-in-SP52948-top-floor-hidden-from-owners-10May2016.html,
red-bold highlights.
7. Evidence that BCS Strata Management NSW COO Mr. Greg Freeman (or
his staff) read my email:
Refer to
"EVIDENCE-7-Greg-Freeman-Read_Re_REQUEST-Why-is-information-about-fire-safety-issues-serious-water-leaks-in-SP52948-top-floor-hidden-from-owners-9May2016.html".
8. Number of other attempts were made by me to reason with BCS
Strata Management and Uniqueco Pty Ltd. All in vain.
Here is my submission for AGM 2016 on 11 October 2016.
No reply was received.
Refer to
"EVIDENCE-8-SUMMARY-SP52948-Proxy-form-from-Lot-158-and-summary-of-non-compliance-actions-by-BCS-Strata-Management-on-11Oct2016.html",
red-bold highlights.
9. One of 34 Motions that BCS Strata Management excluded from AGM
2016 without any explanation:
Refer to
"EVIDENCE-9-SP52948-Owner-Motion-5-Deliberately-Excluded-by-BCS-Strata-Management-to-Hide-Fire-Safety-Issues-19Oct2016.webp".
Other excluded Motions from AGM 2016 and 2017 have been
provided in accompanying cases listed at the beginning of this
email.
10. As number of times before, professional report by Eagle Fire,
dated 5 July 2016 was also hidden from owners and not presented at
the AGM 2016.
Eagle Fire documented numerous fire safety issues.
Refer to
"EVIDENCE-10-BCS-Strata-Management-hid-professional-building-report-from-SP52948-owners-EagleFire-Protection-report-5Jul2016.pdf".
11. City Council letter to BCS Strata Management on 9 August
2016:
QUOTE
Council has received correspondence advising that compliance tags
are
being fitted to existing fire doors, some doors being twelve years
old;
it is also alleged that some fire doors are non-compliant with
the
relevant Australian Standard.
I note that the last annual fire safety statement listed fire doors
as
one of the installed fire measure and certified them as complaint
with
their original design/installation standard; from the information
provided
to Council the gaps around the doors do not comply with the
relevant standards.
END QUOTE
When City Council wrote a letter to BCS Strata Management on 9
August 2017, BCS Strata Management i simply ignored it. Their
response was then forced by City Council because they sent a second
letter dated 3 November 2016, in which they stated:
QUOTE
I refer to Council's letter dated 9 August 2016 advising of an
alleged serious fire
safety breach and requesting comment from your service
contractor.
To date Council has not received a response to this request.
You are therefore requested to advise Council, by 21 November 2016,
the present
position in this matter.
END QUOTE
Here is what BCS Strata Management responded on 15 November 2016,
more than THREE MONTHS AFTER THE COUNCIL INQUIRY and ALMOST ONE
MONTH AFTER THE
ANNUAL GENERAL MEETING IN MY COMPLEX:
QUOTE
There are 198 residential units on the premises, each one with a
fire door.
There are also 98 common area fire doors.
...
This will take a technician 3 days to complete as long as all units
provide access.
....
They have calculated that they would need to charge the building
$3,840.00 + GST
for this service. At the moment they are scheduled to carry out an
annual inspection
on the building in January when (as per their agreement wit the
building) all of
these doors will be inspected in accordance with conditions of the
annual fire i
safety statement.
...
Due to above reasoning, the OC are kindly requesting that Council
will agree to hold
off until January to save the building this large expense.
END QUOTE
Refer to
"EVIDENCE-11-SP52948-letter-Ryde-council-re-Fire-safety-15Nov2016.pdf".
12. Another attempt was made to contact Pica Group (parent company
of BCS Strata Management) COO and Managing Director Mr. Greg Nash
on 12 November 2016.
No reply was received.
Refer to
"EVIDENCE-12-REQUEST_Forward-document-to-Pica-Group-Managing-Director-Mr-Greg-Nash-on-12Nov2016.html",
red-bold highlights.
13. Owners received another urgent request for fire door problems
on 20 March 2017.
18 units needed some work to be done, INCLUDING Lot 160, which was
already reported a year earlier in assessment dated 11 April 2016
(listed above as item 1).
Refer to
"EVIDENCE-13-SP52948-BCS-Strata-Management-urgent-Fire-Services-due-to-neglect-of-management-repairs-notice-to-owners-20Mar2017.webp".
14. My document search on 13 June 2017 on premises of Waratah
Strata Management failed to find latest fire safety inspection
report by Eagle Fire.
Attempts to obtain it from Waratah Strata Management or Uniqueco
Pty Pty failed to this day.
15. Evidence that Waratah Strata Management, like their predecessor
BCS Strata Management, failed to include my Motion about fire
safety issues at AGM 2017.
Refer to
"EVIDENCE-14-SP52948-owner-Motion-regular-fire-safety-reports-show-SP52948-non-compliant-with-Australian-Standards-Oct2017.webp".
Other excluded Motions from AGM 2016 and 2017 have been provided in
accompanying cases listed at the beginning of this email.
16. I documented numerous maintenance issues (including fire
safety) to Waratah Strata Management and EC members on 30 September
2017, several weeks before the AGM.
No reply was received.
Refer to
"EVIDENCE-15-SP52948-Some-of-continuous-issues-ignored-by-Building-Manager-Steve-Carbone-30Sep2017.pdf".
17. Another attempt to obtain access to strata files was made on 8
December 2017.
Waratah Strata Management did not reply in written form as
requested, and did not provide any document.
Refer to
"EVIDENCE-16-Request_SP52948-documents-for-Lot-158-8Dec2017.html".
18. In period from 7 February 2018 to 27 March 2018, in spite of
two complaints (one in email with attachment
EVIDENCE-15-SP52948-Some-of-continuous-issues-ignored-by-Building-Manager-Steve-Carbone-30Sep2017.pdf"),
Waratah Strata Management and Uniqueco Pty ltd (building manager)
failed to repair faulty fire safety lights on level 2 of Block A.
Photo evidence take every day can prove my statement.
On 26 March 2018, Director of Uniqueco Pty Ltd called me for number
of reasons and I told him that he was failing to maintain the
common property again.i He admitted that there were allegedly 22
faulty fire safety lights that needed to be replaced.
19. Since 16 April 2018 til today (29 April 2018) another fire
safety light in Block A in fire stairs is faulty. Photo evidence
for each day is available upon request. Waratah Strata Management
and Uniqueco Pty Ltd silently decline to maintain it. They also
refuse to provide access to Annual Fire Safety Statement for 2017
and 2018 and registration with Ryde Council.
20. During Eagle Fire Protection inspection in March 2018, I was
told that my own external doors are not fully compliant because the
metal plate with details of the manufacturing on the door frame was
painted over and as such not possible to view or certify it. To
this day, Waratah Strata Management and Uniqueco Pty Ltd did not
act upon it.
The report by Eagle Fire Protection is still undisclosed.
CASE 9 Lack of proper 10-year Capital Works Fund and
orchestrated removal of Section 102(2) of the SSMA 2015
generally
1. On 4 and 7 October 2016, I complained to BCS Strata Management
staff and managers about ill-repaired agenda for the general
meeting.
Among the other issues, apart from excluding my 34 Motions, I
documented the fact that last Sinking Fund plan from 2010 was not
based on any valid surveys or professional assessments. As admitted
in the Notice for AGM, it was not a planned maintenance
program.
BCS Strata Management ignored my comments and did not allow my
email to be shared with owners.
Refer to
"EVIDENCE-1-SP52948-AGM-Agenda-19.10.2016-first-comments-on-4Oct2016-update-7Oct2016.html",
red-bold highlights.
2. Another attempt to reason with BCS Strata Management in regards
to organization of the general meeting was submitted on 11 October
2016.
No concrete action followed by BCS Strata Management.
Refer to
"EVIDENCE-2-SUMMARY-SP5294-Proxy-form-from-Lot-158-and-summary-of-non-compliance-actions-by-BCS-Strata-Management-on-11Oct2016.html",
red-bold highlights.
3. One of many attempts to engage BCS Strata Management NSW COO Mr.
Greg Freeman on 12 November 2016 was also ignored.
Refer to
"EVIDENCE-3-REQUEST-Forward-document-to-Pica-Group-Managing-Director-Mr-Greg-Nash-on-12Nov2016.html",
red-bold highlights.
4. As soon as Waratah Strata Management started management of
SP52948, I sent summary of what should be included in the next
10-year Capital Works Fund plan
and my Motions for the next general meeting.
I documented major pending expenses and contract renewals.
The email was presented to Waratah Strata Management too.
No reply was received.
Refer to
"EVIDENCE-4-UPDATED-SP52948-Motions-for-AGM_EGM-2017-and-elevator-contract-on-6Feb2017.html",
red-bold highlights.
5. I organized joint visit of the complex with Waratah Strata
Management Director Mr. Robert Crosbie and Uniqueco Pty Ltd
Director Mr. Steve Carbone on 1 March 2017.
What we found together showed complete neglect of the complex for
many years. I took photos that proved it too.
Mr. Crosbie agreed that current 10-year Sinking Fund was
inadequate.
On 4 March 2017, I summarized the findings to EC members. A copy
was given to Waratah Strata Management.
Waratah Strata Management did not allow the complaints to be shared
with owners.
Refer to
"EVIDENCE-5-SUMMARY-SP52948-meeting-with-Director-of-Waratah-Strata-Management_legal-threat-from-CHU-Insurance-and-other-problems-in-the-complex-4Mar2017.html",
red-bold highlights.
6. Another summary of maintenance issues and lack of proper 10-year
Sinking Fund plan was sent to Waratah Strata Management and EC
members on 17 March 2017.
Waratah Strata Management did not allow the complaints to be shared
with owners.
Refer to
"EVIDENCE-6-SUMMARY-SP52948-Still-Undisclosed-Special-By-Law-for-Lot-3-and-Photos-of-the-Complex-on-17Mar2017.html",
red-bold highlights.
7. Based solely on my personal efforts, Waratah Strata Management
suddenly published on their web site a new 10-year Capital Works
plan in March 2017.
After reading it, I found lot of loopholes in the plan and
contacted the vendor personally on 15 April 2017.
One of the many problems in their report was a delayed repair for
elevators, which, according to them would need some large expenses
in year 2026:
"EVIDENCE-9-SP52948-BIV-Reports-Capital-Works-Funds-Estimate-elevator-repairs-delayed-in-non-compliance-with-vendor-recommendations-31Mar2017.webp".
A reply was never received from BIV.
Refer to
"EVIDENCE-7-INQUIRY_10-Year-Capital-Works-Fund-Plan-for-Strata-Plan-SP52948-15Apr2017.html".
8. A full copy of the alleged 10-year Capital Works plan:
"EVIDENCE-8-SP52948-Capital-Works-Funds-Plan-March2017.pdf"
9. Another email was sent to BIV on 16 April 2017.
No reply was received.
Refer to
"EVIDENCE-10-Re_INQUIRY_10-Year-Capital-Works-Fund-Plan-for-Strata-Plan-SP52948-16Apr2017.html".
10. An email was sent to Waratah Strata Management on 29 April
2017, documenting problems with 10-year Capital works plan due to
the fact that it was not based on vendors' professional
assessments.
Waratah Strata Management did not allow the complaints to be shared
with owners.
Refer to
"EVIDENCE-11-OFFICIAL-SUBMISSION_SP52948-Updated-Motions-for-AGM_EGM-2017-and-other-issues-for-Secretary-of-EC-on-29Apr2017.html",
red-bold highlights.
11. My final version of the Motions for AGM 2017:
"EVIDENCE-12-SP52948-AGM-or-EGM-2017-Motions-by-Lot-158-final-short-version.pdf".
Almost all Motions were rejected by Waratah Strata Management in a
brief letter, without proper explanations, and in spite of my
numerous warnings:
"EVIDENCE-13-Waratah-Strata-Management-excuse-without-grounds-for-removing-owner-Motions-for-AGM-2017-10Oct2017.pdf".
14. One of the disallowed Motions was in regards to Capital Works
plan:
"EVIDENCE-14-SP52948-owner-Motion-lack-of-proper-10-year-Sinking-Fund-now-called-Capital-Works-Fund-Oct2017.webp".
15. Full copy of the AGM 2016, as sent by Waratah Strata
Management:
"EVIDENCE-16-Annual-General-Meeting_Minutes-Strata-Plan-52948-24Oct2017.pdf".
Without allowing owners to receive my Motions, and details of the
problems with 10-year Capital Works plan, and without sending it to
ALL owners, Motion 10 at the AGM 2017 allegedly approved it without
changes.
Motion 22 allegedly approved that EC members and Waratah Strata
Management remove the limitation imposed by Section 102(2) of the
SSMA 2015 generally, effectively giving them unlimited rights to
spend as much money as they wished without approvals or planning at
general meetings.
Note that three members of the EC were NOT financial at AGM 2017,
without disclosure to owners. They were unfinancial due to fact
that neither of them paid due full levies for second gas
connections since 1999.
More details in other Cases in NSW Fair Trading Reference
9125004.
16. Agenda for the AGM 2017 show clear intention to have major
repairs and maintenance works next year, but costing was NOT
provided for voting at the meeting.
Refer to "EVIDENCE-15-Agenda-AGM-2017-Oct2017.pdf".
Of special interest is page 17:
"EVIDENCE-17-Capital-Works-plan-for-2018-without-Motion-or-costing-Oct2017.webp".
It directly contradicts the Capital Works plan by BIV that stated
no work on elevators was needed until year 2016.
It also confirmed that next year major work on roof membranes is
required, as per my numerous submissions.
There was no costing for these projects next year, and Motion 22 at
AGM approved that EC members and Waratah Strata Management remove
the limitation imposed by Section 102(2) of the SSMA 2015
generally.
The same trick was used several times to run major projects at
significant losses to owners corporation in the past.
17. Minutes of EC meeting held on 15 February 2018 (without notice
being sent to all owners and minutes not published on notice
boards), listed the following message, alleging that owners shoudl
approve it at the next AGM based on alleged tenders 12 months ahead
of time and not part of 10-Year Capital Works plan:
BEGIN QUOTE
Lift Upgrade - Resolved the strata manager is to advise Thomson
Elevator Services that the
committee will be recommending to the Owners Corporation at the AGM
in October that the
quote provided by Liftronic should be accepted. Subject to the AGM
approval, the lift upgrade
work would proceed in 2019.
END QUOTE
CASE 10 BCS Ignoring customer's complaints and threat to prevent
owner from giving negative rating on public website
1. Handful of examples of email delivery notices from BCS Strata
Management NSW COO Mr. Greg Freeman, whose staff or himself, read
my submissions but declined to respond to or take any action. For
the sake of brevity, only few are listed herewith from year
2016:
20160208-Read_ SP52948 Request for next EC meeting agenda and
responses on 7Feb2016-2850508332.html
20160219-Read_ SUBMISSION SP52948 Motions for AGM or EGM 2016 -
19Feb2016-2892410599.html
20160408-Read_ ADVANCE NOTICE SP52948 Caretaker and Strata Manager
Tenders in late 2016-3094789823.html
20160408-Read_ UPDATED SUBMISSION SP52948 Motions for AGM or EGM
2016 - 7Apr2016-3094793792.html
20160411-Read_ REQUEST FOR OFFICIAL RESPONSE - FIRE DOOR SP529487
Lot 158 NON-COMPLIANCE WITH 1905.1 and AS1530.4-3097976116.html
20160411-Read_ REQUEST Why is information about serious water leaks
in SP52948 Block A top floor hidden from owners-3097980142.html
20160422-Read_ UPDATED SUBMISSION SP52948 Motions for AGM or EGM
2016 - 24Apr2016-3126459024.html
20160801-Read_ UPDATED SUBMISSION SP52948 Motions for AGM or EGM
2016 - 1Aug2016-3373267030.html
20160829-Read_ SUMMARY SP52948 Second Tender for Strata Management
Contract_ New Strata Laws and Weak Offer to talk with EC on
28Aug2016-3373267403.html
20161004-Read_ Re_ SP52948 AGM Agenda 19.10.2016 - first comments
on 4Oct2016-3373267674.html
20161011-Read_ SUMMARY SP52948 Proxy form from Lot 158 and summary
of non-compliance actions by BCS Strata Management on
11Oct2016-3373267860.html
20161012-Read_ SUMMARY Solicitor Adrian Mueller again engaged to
prevent Motions from AGM 2016 at owners corporation
cost-3373267884.html
20161221-Read_ UPDATED REQUEST_ Forward document to Pica Group
Managing Director Mr Greg Nash and process Motions for AGM or EGM
2017 on 21Dec2016-3373268668.html
2. An example of BCS Strata Management staff at Epping deleting my
emails without reading:
20160429-Not read_ REQUEST Why is information about serious water
leaks in SP52948 Block A top floor hidden from
owners-3139978895.html
3. A promise by Pica Group Managing Director and CEO Mr. Greg Nash
in public forum ProductReview gave appearance that he would
investigate my complaints in December 2014.
That has never eventuated and even phone message to his office was
left without a response.
Refer to
"Undelivered-Promise-Greg-Nash-Pica-Group-Managing-Director-promising-investigation-about-BCS-Strata-Management-false-statements-at-ProductReview-and-lack-of-customer-service-for-Strata-Plan-SP52948.pdf".
4. Instead of attempting to resolve the issues of mismanagement and
criminal activities, Mr. Greg Freeman tried to prevent me from
publishing negative ratings about them on public website like
ProductReview in letter dated 19 January 2016.
Refer to
"Greg-Freeman-Defamation-letter-to-Lot-158-in-SP-52948-19Jan2016.pdf".
Recently, the Federal Court found that Meriton Property Services
Pty Ltd, trading as ‘Meriton Serviced Apartments’ (Meriton),
engaged in misleading or deceptive conduct in connection with the
posting of reviews of its properties on the TripAdvisor
website.
CASE 11 Waratah Strata Management conducted AGM 2017 without
quorum to win own contract without disclosure of information or
tender
A small clarification to enforce the statement that AGM 2017 was
not only non-compliant with the Act, but did not satisfy quorum as
well.
In addition, since 24 October 2017, there were no EC meetings and
the appointment of office bearers did not happen for four months
until EC meeting on 15 February 2018 when a Secretary was still
left as a vacant position.
Department of Fair Trading is very clear about it:
http://www.fairtrading.nsw.gov.au/ftw/tenants_and_home_owners/strata_schemes/frequently_asked_questions_strata_schemes.page
QUOTE
How many meetings should we have a year?
Each year the owners corporation must have one annual general
meeting and also one strata
committee meeting to appoint office bearers. Other meetings can be
held as the need arises.
END QUOTE
Refer to attachments:
SP52948-Waratah-Strata-Management-website-screenshot-6Jan2018.webp
SP52948-official-meetings-in-2017.webp
Two copies of emails and blunt refusal by Waratah Strata Management
to provide access to strata files in one of them are attached
herewith. No comments are necessary.
a) SP52948 complex has 218 lots registered with Land and Property
NSW.
Refer to
"EVIDENCE-18-Annual-General-Meeting_Minutes-Strata-Plan-52948-24Oct2017.pdf"
in case:
NSW Fair Trading Reference 9125004 (Geeves) - CASE 7 - BCS Strata
Management and Waratah Strata Management conducted non-compliant
AGM 2016 and 2017, and expensive painting project without evidence
of proper tender, without disclosure of warranties, without full
repairs, and through dubious financial statements in 2017
b) According to Minutes of the AGM, as submitted by Mr. Robert
Crosbie (Director of Waratah Strata Management), 54 owners were
present at the meeting
on 24 October 2017 in person or via proxy.
c) Lot 5 was misquoted in two places:
On page 1 owner listed as Ms Karyn Klein, and on page 2 listed as
Mrs. Jeanne Satz. Waratah Strata Management refused to provide an
explanation about it.
d) Seven proxy votes were given to Lot 3, Mrs. Lorna Zelenzuk
(Secretary of the EC), unfinancial owner due to unpaid full levies
for second gas connection since 1999, directly involved in four
fraudulent insurance claims (in April 2017 SP52948 had to repay
$8,800.00 to CHU Insurance for invalid claims in 2012/2013 for
alleged "CTTT Defence of Lot 3", and secret Special By-Law granting
her exclusive rights to common property without By-Law being listed
in strata documents since June 2003.
Counting her own presence at the AGM 2017, that is eight votes
carried by Lot 3.
For more details, refer to:
NSW Fair Trading Reference 9125004 (Geeves) - CASE 4 - BCS Strata
Management and Waratah Strata Management preventing information
about CHU insurance repayment and forcing owners corporation to
repay $8,800.00 for non-existent CTTT case
NSW Fair Trading Reference 9125004 (Geeves) - CASE 5 - BCS Strata
Management and Waratah Strata Management failing to respond to
inquiries and preventing access to strata files including By-Laws
and contracts
NSW Fair Trading Reference 9125004 (Geeves) - CASE 6 - Waratah
Strata Management provided False details in By-Laws, repetitively
failed to include Special By-Law 4 for owners and investors, and
failed to provide owner with updated By-Laws
e) Seven proxy votes were given to Chairperson, Mr. Robert Crosbie
- Director of Waratah Strata Management, who won the contract
withgout tender and increased his own renumeration in contract
signed by two unfinancial EC members (due to unpaid full levies for
second gas connection since 1999) the same evening as AGM 2017.
For more details refer to:
NSW Fair Trading Reference 9125004 (Geeves) - CASE 1 - Orchestrated
contract with Waratah Strata Management for SP52948 at AGM 2016 and
2017
The Act is very clear about it:
Strata Schemes Management Act 2015, Part 4, Division 1, Section
25
Rights of proxies and limits on votes by proxies
(7) Limits on exercise of proxy by building manager, on-site
residential property
manager or strata managing agent A vote by a proxy who is a
building manager, an on-site residential
property manager or a strata managing agent is invalid if it would
obtain or assist in
obtaining a pecuniary interest for, or confer or assist in
conferring any other material benefit on,
the proxy.
(8) For the purposes of subclause (7), material benefit
includes, but is not limited to, the following:
(a) an extension of the term or an additional term of appointment
of the proxy as
building manager, on-site residential
property manager or strata managing
agent,
(b) an increase in the remuneration of the proxy,
f) Three proxy votes to Lot 147, Mr. Moses Levitt (EC member),
unfinancial owner due to unpaid full levies for second gas
connection since year 1999.
Counting his own presence at the AGM 2017, that is four votes
carried by Lot 147.
g) Four proxy votes to Lot 181, Mr. Stan Pogorelsky (EC
Chairperson), unfinancial owner due to unpaid full levies for
second gas connection since year 1999.
Counting his own presence at the AGM 2017, that is five votes
carried by Lot 181.
h) Lot 62, Mr. Upali Aranwela, previous Treasurer of the EC,
unfinancial owner due to unpaid full levies for second gas
connection since year 1999.
i) Lot 163, Mr. and Mrs. Andrew Sung-Chul Park & Joo Ae Lee,
unfinancial owner due to unpaid full levies for second gas
connection since at least year 2012.
j) Lot 167, Mr Peter Friede, unfinancial owner due to unpaid full
levies for second gas connection since at least year 2012.
k) Lot 182, Mr. and Mrs. Francis Tso Yuan Chow & Anne Hing Ha Chow,
unfinancial owner due to unpaid full levies for second gas since at
least year 2012.
l) Lot 194, Mr. and Mrs. Hyeok Jin & Kisung Ha, unfinancial owner
due to unpaid full levies for second gas connection since year
2011.
m) Total number of votes (including proxies) carried by owners who
did not pay their full levies and failed to disclose it to owners
corporation:
22 votes
Add to it seven proxy votes given to Chairperson Mr. Robert Crosbie
(from Waratah Strata Management), that comes to:
29 votes
Comparing that number to total number of listed votes at AGM 2017,
which is 54, it is very clear that due to unfinancial owners and
the proxy votes they obtained, more than 25% of the 54 were
INVALID, and hence quorum for the meeting not satisfied.
CASE 12 Waratah Strata Management failed to provide access to
strata documents on 13Jun2017 and Police Fraud
Investigation
It is much simpler to process and provide support to Police
investigations. I trust NSW Fair Trading will not delay the actions
on my behalf to request access to eight SP52948 files that I could
not get through six paid document searches (five to BCS Strata
Management in period up to 2016 and one to Waratah Strata
Management in 2017).
1. I fully paid for SP52948 strata document search at Waratah
Strata Management on 13 June 2017.
2. During the visit to their office, their director Mr. Robert
Crosbie gave me a USB with allegedly all files belonging to SP52948
that Waratah Strata Management had received from incumbent strata
agency BCS Strata Management before taking office on 1 February
2017.
3. In my email to Waratah Strata Management on 16 June 2017 I
confirmed that not all files were on the USB.
As a follow-up, I received one additional file and that was the
only update I have received since then.
Refer to attachment:
"EVIDENCE-1-Thank-you-for-SP52948-documents-16Jun2017.html"
4. It took me more than a month to review thousands of files on the
USB.
After realizing that some important files were missing again, I
generated a Police report on fraud for Strata Plan SP52948 - Crime
Stoppers Reference CAS-729649-W6P0 on 25 July 2017.
Based on it, Police Event E65804633 was opened 14 September
2017.
In parallel, your office received these submissions related to this
matter (still awaiting the outcome of your investigations):
NSW Fair Trading Reference 9125004 - CASE 4 - BCS Strata Management
and Waratah Strata Management preventing information about CHU
insurance repayment and forcing owners corporation to repay
$8,800.00 for non-existent CTTT case
NSW Fair Trading Reference 9125004 - CASE 5 - BCS Strata Management
and Waratah Strata Management failing to respond to inquiries and
preventing access to strata files including By-Laws and
contracts
NSW Fair Trading Reference 9125004 - CASE 6 - Waratah Strata
Management provided False details in By-Laws, repetitively failed
to include Special By-Law 4 for owners and investors, and failed to
provide owner with updated By-Laws
CHU Insurance forced my owners corporation to repay $8,800.00 for
invalid claims in 2012/2013.
BCS Strata Management and EC members organized $24,919.31 through
four claims for non-existent CTTT case "defending Lot 3". BCS
Strata Management, without official approval or knowledge of owners
corporation, changed the insurance policy and then started
making first claim ONE WEEK AFTER THE POLICY CHANGE:
$367.64 on 31 August 2012
$12,714.65 on 7 December 2012
$1,320.00 on 26 April 2013
$10.517.02 on 4 June 2013
Personal losses to my wife and me:
a) $26,500.00 for payments to strata plan SP52948 due to dismissed
CTTT cases and decision in District Court in 2014 due to one and
one only document - Statutory Declaration by Strata Manager Mr.
Peter Bone which showed, according to my evidence to be FALSE,
signature of his colleague on the Solicitor's Standard Costs
Agreement dated 19 April 2013.
b) Costs for postage and handling, and strata document searches
without being provided access to files, amounting to additional
around $2,700.00.
c) $2,737.90 for payments to Chambers Russell Lawyers for forced
defense at District Court.
5. On 8 February 2018 I sent an email to Waratah Strata Management,
reporting three serious issues and also requesting access to eight
SP52948 strata files:
Email from Solicitor Mr. Adrian Mueller to Branch Manager Mr. Paul
Banoob dated 5 July 2012 at 04:41 pm
Email from Branch Manager Mr. Paul Banoob to Strata Manager Mr.
Garry Webb dated 5 July 2012 at 04:57 pm
Email to EC members and one staff member at BCS Strata Management
from Strata Manager Mr. Garry Webb dated 6 July 2012 at 08:32
am
Email to EC members and two staff members at BCS Strata Management
from Chairperson dated 6 July 2012 at 12:48 pm
Email to EC members and two staff members at BCS Strata Management
from Chairperson dated 9 July 2012 at 10:18 pm
Email from Solicitor Mr. Adrian Mueller to Mr. Peter Bone dated 16
July 2012 at 6:52 pm
Email from Mr. Peter Bone to Solicitor Mr. Adrian Mueller dated 25
July 2012 at 2:13 pm
Email from BCS Strata Management staff member Ms. Debbie Downes to
EC members dated 16 April 2013 at 1:52 pm
Note that I have, on the USB received from Waratah Strata
Management, many other documents that go back to even 2010,
including correspondence and files related to insurance claims.
No reply was received from Waratah Strata Management or EC
members.
Refer to attachment (item c):
"EVIDENCE-2-SP52948-Official-Request-to-EC-Secretary-from-Lot-158-on-8Feb2018.html"
6. I also sent an email to Pica Group (parent company of BCS Strata
Management) asking for an explanation why I did not get these files
in five document searches period in 2012-2016.
Pica Group did not deny that I did not receive them, and did not
offer any outcome of alleged investigations by CEO and Managing
Director Mr. Greg Nash promised in public media to me on 9 December
2015.
Pica Group did, however, confirm that they allegedly handed over
all files to new strata agency (Waratah Strata Management)
Refer to attachment:
"EVIDENCE-3-Response-from-Pica-Group-HIGH-PRIORITY-CONFIDENTIAL-REQUEST-Immediate-access-to-eight-SP52948-files-13Feb2018.html"
7. I had three personal talks with Detective Sergeants at Eastwood
LAC.
Eventually, they confirmed:
a) They could not find ANY of the eight emails on the USB that
Waratah Strata Management alleged was the full version of files
provided to his company by BCS Strata Management.
Evidence of those eight emails (along many other document) as
requested by me in five document searches, including repeated
request to Waratah Strata Management on 8 February 2018 is still
missing from strata files.
b) Police contacted Solicitor Mr. Adrian Mueller, and he claimed he
did not have those files or could not find them. Allegedly, he
would ask his assistant to "look for them as well".
c) Police contacted Mr. Peter Bone, who provided Statutory
Declaration to CTTT on 19 April 2013. He claimed he did not have
copies of the emails but, allegedly, they should be in BCS Strata
Management records.
Refer to email sent to you "Re: NSW Fair Trading Reference 9125004
(Geeves) - Police found no files in Case 12 - update on
22Apr2018".
8. Based on your advice in person, I notified new Treasurer of the
EC, Mr. Thomas Karolewski, via emails on 22 and 26 April 2018. No
reply was received.