Primary audience on the website are owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948. Attempts to get Waratah Strata Management to keep all parties informed has been ignored since 1 February 2017. Strata files are kept undisclosed and even events like mediation at Fair Trading NSW, NCAT case SC 20/33352, Police Events, and OLSC reports about professional misconduct of Solicitor Adrian Mueller are not provided to owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948. Committee members and Waratah Strata Management refused to offer assistance to these organisations.
Number of SP52948 owners, tenants, and investors expressed gratitude towards this website as that was the only way to gain access to lot of critical information, which is not available in minutes and notices of meetings, or on Waratah Strata website.
The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...
This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere. All files on this website were provided to Fair Trading NSW, Office of legal Services Commissioner, NCAT, Supreme Court, and Police. The same files were repeatedly sent to Solicitor Adrian Mueller, committee members and strata managers - silence is their response.
Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of services provided by those who should enforce laws are common and frequent - examples: NSW-Civil-Tribunal-failing-to-deliver-services
Solicitor Adrian Mueller created dangerous precedence in two CTTT/NCAT cases (SCS 12/32675 and SC 20/33352) which, based on Australian legal system, allow other parties to use as valid defence (legal precedents). CTTT/NCAT fully co-operated with the Solicitor and effectively rendered NSW strata laws useless, and even allowed Solicitor's reprentation of large strata plan SP52948 without having any evidence of being approved by owners corporation (in fact, Solicitor was not approved at any legally-convened meeting).
CTTT/NCAT actively supported Solicitor Adrian Mueller’s predictive behaviour, contempt of court, falsified documents, and insurance claims in two cases in 2012/2013 (SCS 12/32675 and SCS 12/50460, conducted by Tribunal member M. Harrowell) and 2020/2021 (SC 20/33352, conducted by Tribunal member G.J. Sarginson). The precedence means that all evidence of the Applicant can be ignored if the Respondent fails to attend Hearings.
Tribunal had full knowledge of the Applicant's submissions about Solicitor Adrian Mueller, including ones dated 8, 27 February 2022, and 22 June 2022, which they completely ignored.
Democracy should be the leading avenue for managing strata complexes. But, democracy requires high level of sense and ethics, and right for all owners to have full access to strata files in order to make informed decisions. And when that does not happen, how to proceed? One way is to educate public and rise awareness that license to be a strata manager is one of the easiest in any industry: Strata Community Australia (SCA) are offering a three-day course on qualifying to be a strata manager with no prior educational requirements (apparently educational requirements are fulfilled by completing the course).
Fire and OH&S Safety concerns are repeatedly ignored and owners not notified about them. BCS Strata Management, and since 2017 Waratah Strata Management, ignored many complaints about fire safety in large strata complex SP52948. Building manager since 2014 is Uniqueco Property Services.
Death of Connie Zhang in September 2012, forced to jump to her death from the building on West Terrace Bankstown when the fire in her unit became so ferocious it melted the aluminum window frames. Deputy NSW Coroner Hugh Dillon found that Connie's death could have been prevented if the developer of the unit block had installed a sprinkler system as required by fire safety laws. He found that this was just one of a litany of individual and systemic failures that contributed to the fire, including the building developer and strata manager's lax attitude to safety, the lack of resources in the compliance section of the local council, and failures in the process of fire safety checks and building certification: inquest into the death of Connie Zhang due to fire at Unit 53, 4 West Terrace, Bankstown. Strata manager, Peter Poulos of RW Realty, allegedly failed to properly inform the owner’s corporation about the breaches or effectively address many of them. The inquest heard that Fire and Rescue NSW and Bankstown Council had written to Mr. Poulos on multiple occasions prior to 2012 ordering that such defects be fixed, but that he did not give a copy of the written orders to the owners’ corporation.
The City of Sydney issued a fire order in 2015 for the Gazebo, located at 2 Elizabeth Bay Road. The tower's strata manager StrataChoice approved an initial $2.4 million in costs to comply with the early stages of the fire safety requirements. Gazebo apartment tower in Sydney's Potts Point were informed in 2017 they would need to stump up almost $7.5 million to render the building safe from fires. Fines of up to $100,000 per week could be imposed for non-compliance.
BCS Strata Management (predecessor to Waratah Strata Management until 1 February 2017) and Uniqueco Property Services had history of continuous non-compliance with fire and OH&S regulations.
Here is an extract from complaint by City of Ryde Council to BCS Strata Management on 3 November 2016 about not receiving any comments about serious fire safety breaches for three months:
Building manager was Uniqueco Property Services.
Waratah Strata Management and Uniqueco Property Services had history of continuous non-compliance with smoking in the complex.
Here is an example of Lot 158 summary on various issues which Waratah Strata Management and Uniqueco Property Services ignored on 25 August 2018:
Building-Manager-ongoing-issues-including-fire-and-health-safety-security-maintenance-25Aug2018
Here is an example of Lot 158 summary on various issues to Waratah Strata Management on 19 May 2019:
SP52948-ongoing-issues-fire-safety-maintenance-19May2019
Waratah Strata Management and Uniqueco Property Services were given an opportunity to see videos of how badly they managed fire safety in the complex (this evidence Waratah Strata Management and Solicitor Adrian Mueller prevented the Tribunal officer to view in NCAT case SC 20/333352, with full assistance by Uniqueco Property Services). Fire door jamming and other problems in the gasement of the complex was not just an accidental neglect, it was a CRIMINAL LONG-TERM NEGLECT:
SP52948-Fire-Door-1-push-bar-not-operational-door-jammed-not-closing-19May2019.mp4
Here is an example of Lot 158 summary on various issues which Waratah Strata Management and Uniqueco Property Services ignored on 25 August 2018:
Building-Manager-ongoing-issues-including-fire-and-health-safety-security-maintenance-25Aug2018
Here is an example of Lot 158 summary on various issues to Waratah Strata Management on 19 May 2019:
SP52948-ongoing-issues-fire-safety-maintenance-19May2019
Waratah Strata Management and Uniqueco Property Services were given an opportunity to see videos of how badly they managed fire safety in the complex (this evidence Waratah Strata Management and Solicitor Adrian Mueller prevented the Tribunal officer to view in NCAT case SC 20/333352, with full assistance by Uniqueco Property Services). Fire door jamming and othe rproblems in the gasement of the complex was not just an accidental neglect, it was a CRIMINAL LONG-TERM NEGLECT:
SP52948-Fire-Door-1-push-bar-not-operational-door-jammed-not-closing-19May2019.mp4
SP52948-Fire-Door-3-push-bar-not-operational-door-jammed-not-closing-19May2019.mp4
SP52948-Fire-Door-5-no-fire-safety-notices-push-bar-not-operational-door-not-closing-19May2019.mp4
SP52948-Fire-Door-6-no-fire-safety-notices-push-bar-not-operational-door-jammed-19May2019.mp4
SP52948-Fire-Door-6-no-fire-safety-notices-door-not-closing-19May2019.mp4
In 2010, owners paid $3,168.00 for push bars on six fire doors, which the Uniqueco Property Services failed to maintain properly:
After Lot 158 raised serious warnings about it in May 2019, Uniqueco Property Services simply removed the push bars on fire doors, without owners corporation approval or knowledge.
On 1 March 2017, Lot 158 conducted joint audit of the complex with building manager and Waratah Strata Management. Many issues were uncovered and Waratah Strata Management sent the following concerns to the building manager on 7 March 2017:
Waratah Strata Management and Uniqueco Property Services stayed silent about Lot 158 report on serious fire safety issues on 18 March 2020:
The criminal ignorance of fire safety compliance continued after second email on 3 April 2020 - not only Lot 158 was ignored but Waratah Strata Management and Uniqueco Property Services withheld information why emergency light testing in January 2020 was invalidated and had to be done again:
Document search on 8 June 2022 found secret email between building manager and Waratah Strata Management on 4 February 2021, delaying fire safety rectification work simply due to Ryde Council not sending them official orders:
Document search on 8 June 2022 found secret email between committee member and Waratah Strata Management on 6 March 2021, concerned about fire audit report and outstanding rectification measures (including high costs):
Document search on 8 June 2022 found secret email between committee members and Waratah Strata Management on 12 March 2021, lacking knowledge of responsibility to maintain fire alarms as part of common property by wrongly assuming it was a responsibility of individual owners (as shown in email by committee member Mrs. Marianna Paltikian):
Document search on 8 June 2022 found secret email between committee members and Waratah Strata Management on 12 March 2021, after receiving advice from Bannermans Lawyers that smoke alarms were part of common property if they had been installed when complex was built (as it was the case in SP52948). Not only owners wasted money on this unnecessary legal advice which was never disclosed to owners, but Waratah Strata Management then delayed replacement of smoke alarms for another year, until first quarter of 2022:
Extract from minutes of committee meeting on 29 April 2021, confirming that fire and OH&S safety will be ignored:
...even when Ryde Council makes orders for repairs:
And in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":
Five months after Core Consulting Engineers presented fire engineering report to Waratah Strata Management on 7 October 2021, which was not provided to owners or even discussed at general meeting on 28 October 2021, notice for committee meeting on 3 March 2022 which was not sent to all owners (Lot 158 did not receive any notice of meetings for three years), included the report, BUT did not include any details of annual fire safety audit for 2022 (of special interest are number of owners whose smoke alarms are older than 10 years - in October 2021, Lot 49 and 158 forced owners corporation to replace both of them in each unit):
Sudden committee meeting scheduled for 12 May 2022 (prepared on 10 May 2022 and not sent to all owners) continue to deal with Core Consulting Engineers' issues as found out in their professional assessments during visits to site on 11 February 2021 and 3 June 2021.
In spite of repeated and persistent reports of neglected common property items, Lot 158 had five open items as of late August 2022, which have been neglected by Waratah Strata Management and building maintenance staff. Even official statement that Lot 158 will initiate NCAT case to enforce compliance with strata laws unless owners corporation takes immediate remediation steps were ignored since 27 February 2022.
Extracts for notice for committee meeting on 3 March 2022 (which was not sent to all owners) shows that problems continue in spite of stringent requirements to comply with safety regulations:
In minutes of alleged committee meeting on 3 March 2022, further delays in rectifying safety issues were recorded:
Sudden committee meeting scheduled for 12 May 2022 (prepared on 10 May 2022 and not sent to all owners) continue to deal with Core Consulting Engineers' issues as found out in their professional assessments during visits to site on 11 February 2021 and 3 June 2021.
Extract from minutes from alleged committee meeting on 12 May 2022 show further delays in resolving safety issues:
In spite of repeated and persistent reports of neglected common property items, Lot 158 has five open items as of late August 2022, which have been neglected by Waratah Strata Management and building maintenance staff. Even official statement that Lot 158 will initiate NCAT case to enforce compliance with strata laws unless owners corporation takes immediate remediation steps were ignored since 27 February 2022.
After lot of delays, number of forced repairs were initiated in the complex, as shown by notices on 21 June 2022 for work in Block A, B, and D:
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Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block A belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021, and two units (Lots 152 and 162) were still listed for repairs on 22 March 2022:
All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block A as per notice published on 21 March 2022:
In agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":
A year later - status quo: in agenda for Annual General Meeting sent to owners on 10 October 2022, Waratah Strata Management and committee members confirmed ongoing problems with fire safety:
Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block B belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021, and six units (Lots 15, 16, 24, 29, 47, and 48) were still listed for repairs on 22 March 2022:
All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block B as per notice published on 21 March 2022:
As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":
Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block C belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021, and one unit (Lots 61) was still listed for repairs on 22 March 2022:
All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block C as per notice published on 21 March 2022:
As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":
Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block D belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021:
All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block D as per notice published on 21 March 2022:
As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":
Extracts from minutes of alleged committee meeting on 28 July 2022 (which was not sent to all owners) shows that problems continue in spite of stringent requirements to comply with safety regulations:
Fire and OH&S safety delays are concrete evidence of ignorance of laws and lack of understanding risks to property and people.
In spite of repeated and persistent reports of neglected common property items, Lot 158 has five open items as of late August 2022, which have been neglected by Waratah Strata Management and building maintenance staff. Even official statement that Lot 158 will initiate NCAT case to enforce compliance with strata laws unless owners corporation takes immediate remediation steps were ignored since 27 February 2022:
Fire safety checks for external door and two smoke alarms for 2022 (not done in the first visit in January 2022 due to illness of occupants in Lot 158),
Water leak damages near lighting on ceiling in sun-room (unresolved since September 2020),
All intercom access points were scheduled to be tested in Block A on 10 February 2022. Lot 158 complained about their device not working occasionally several times and no repair or checks were done. On 10 February 2022, Lot 158 was not visited by H&T Security,
Third event with horrific window frame being blown on sun-room happened in complex on 29 November 2020 (this time it was Lot 190 on level 7 in Block A). There is an outstanding task to check all sun-rooms in Block A since 1 December 2020 and this task has not been completed, at least not in Lot 158.
Problem in Lot 158 with water disappearing in toilet bowl and creating foul smell occurred again (problem reported and attempted to be resolved by plumbers four times since 2011). Here is the listing of previous complaints and dates:
16 November 2011 (sent to BCS Strata Management)
12 April 2014 (sent to BCS Strata Management)
11 April 2014 (sent to BCS Strata Management)
27 November 2019 (sent to Waratah Strata Management)
21 May 2022
When fire safety inspection is not completed in the first visit, it is a legal requirement to do it in an additional inspection, like these examples show for 2020 where 70 out of 192 units in four buildings had to be checked again:
Second visit to units who were not inspected in January 2022 was not completed and there is a probability that fire safety submission to Ryde Council did not declare it.
More than three weeks after alleged two-week repairs in Block A were due to be completed, they were still ongoing, as per notice in Block A on 13 April 2022:
Minutes of committee meeting on 29 September 2022 showed alleged efforts by Waratah Strata Management and committee members to work on fire safety non-compliance:
Agenda for Annual General Meeting on 10 October 2022 continued to report non-compliance with fire safety orders:
Minutes of committee meeting on 9 February 2023 showed alleged efforts by Waratah Strata Management and committee members to work on fire safety non-compliance:
On 19 March 2023 (Sunday) an unannounced repairs of lights in basement occurred at around 13:50 hours. No staff of building manager were seen near the basement to monitor the repairs, Part of the area was in darkness at the time:
Notice for the committee meeting dated 26 May 2023 confirmed further delays for fire safety compliance, without full disclosure to owners:
Without any announcements, two non-compliant fire doors in Block A (ground floor and level 6) were replaced on 23 August 2023:
At the same time, there were no open or closed quotes on Waratah Strata Management website:
At the same time, there was no open work order on Waratah Strata Management website:
There are more fire doors which need proper repairs and replacements, and the technician working on 23 August 2023 admitted that they would be replaced in the following months. One example is fire door on ground floor in Block C - photos taken on 8 June 2020 and 23 August 2023 show how the negligent repairs tried to conceal poor maintenance:
Since February 2017, Waratah Strata Management did not allow any owner access to annual fire safety and OH&S reports.
On 27 August 2023 Block D entrance had rusted high temperature alarm, which was not repaired for many years (similar problem exists in other buldings):
On 27 August 2023 (Sunday) an unannounced repairs of emergency exit light in basement occurred at around 12:14 hours. No staff of building manager were seen near the basement to monitor the repairs:
On 27 August 2023 another emergency exit light was found to be still faulty, in spite of it being reported on 9 July 2023:
On 27 August 2023 two unprotected electrical cables (near townhouse 199 and basement of Block A), creating significant OH&S and insurance risk, were still found to be unresolved and unrepaired:
Photos taken on 25 August 2023 show another OH&S risk near townhouse 199 - unprotected electical cables:
On 31 August 2023 evidence of all four rusted high temperature alarms in four buildings were found - not repaired for many years.
Block A:
Block B:
Block C, which also has another serious problem - alarm is installed on private property (courtyard of ground-floor unit):
Block D:
Brief walk around the complex on 1 August 2023 uncovered two faulty lights in the gardens:
SP52948-faulty-garden-light-behind-Block-C-video-1Aug2023.mp4
The same emergency light was still not repaired as of 5 August 2023:
SP52948-faulty-emergency-exit-light-behind-Block-C-video-5Aug2023.mp4
The same emergency light was still not repaired as of 9 August 2023:
SP52948-faulty-emergency-exit-light-behind-Block-C-video-9Aug2023.mp4
The same emergency light was still not repaired as of 15 August 2023:
SP52948-faulty-emergency-exit-light-behind-Block-C-video-15Aug2023.mp4
The same emergency light was still not repaired as of 5 September 2023:
SP52948-faulty-emergency-exit-light-behind-Block-C-video-15Aug2023.mp4
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Brief checks of the complex on 20 and 21 October 2023 uncovered number of ongoing problems, including three damaged fire doors (unrepaired for seven years) and faulty fire exit light (evidence collected that this light was faulty since at least 9 July 2023).
Agenda form AGM 2023 contained no information about annual fire safety statement for owners:
Minutes of AGM 2023 contained brief, incomplete and misleading information and budgeting for fire safety remediation work was missing:
Massive (unapproved at any committee or general meetings, without evidence of multiple quotes) expenses including fire-related items in FY 2023 were sent in inquiry to Waratah Strata Management and committee members for AGM 2023 - they did not answer a single question. On 27 October 2023 (day after AGM 2023), Lot 158 resent the inquiry to eight committee members, Waratah Strata Management, and Uniqueco Property Services - they did not reply:
SP52948-Motions-by-Lot-158-EGM-public-30Oct2023
How much Waratah Strata Management and Uniqueco Property Services mislead owners is shown by these simple facts, highlighting problems in FY 2022 and FY 2023:
Waratah Strata Management did not allow owners at AGM 2023 to discuss FY 2022 (ending on 31 August 2022), $30,403.25 (GST excl) was paid for fire orders and repairs without disclosure of Council documents to owners, without plans for such repairs in 10-Year Capital Works Fund, and without detailed expense assessment at any general meeting
Waratah Strata Management did not allow owners at AGM 2023 to discuss FY 2023 (ending on 31 August 2023), $43,711.00 (GST excl) was paid for fire orders and repairs without disclosure of Council documents to owners, without plans for such repairs in 10-Year Capital Works Fund, and without detailed expense assessment at any general meeting
Waratah Strata Management did not allow owners at AGM 2023 to discuss FY 2023 (ending on 31 August 2023), $15,400.00 (GST excl) was paid for fire safety consultants without full disclosure to owners, without plans for such costs in 10-Year Capital Works Fund, and without detailed expense assessment at any general meeting
At AGM 2023, Mr. Health Crosbie mentioned issue of using an uncertified (or unlicensed?) contractor for fire safety orders, who was removed from further work, without disclosing if owners’ money was recovered for such work and if insurance company was notified about it
As Lot 158 prevented illegal three-year contract renewal for Uniqueco Property Services, Waratah Strata Management wasted owners funds on another Extraordinary General Meeting, and Lot 158 prepared the following Motions for EGM 2023, which Waratah Strata Management silently disallowed:
Example of poorly repaired exterior lights near entrance to basement, allowing rain to pour into the casing (potentially creating short circuit and fire hazard) on 12 January 2024:
Brief walk in the complex on 20 January 2024 showed examples of neglect (rusted door handle on fire door in Block B, and rusted door on fire door in basement of Block D):
Water leaks are responsible for many long-term problems in the complex, as this "waterfall" in basement of Block B documented on 20 January 2024:
Block A level 2 fire exit sign - enclosure not properly installed since at least 13 November 2023, with additional check on 24 January 2024:
Brief checks of the complex on 20 and 21 October 2023 uncovered number of ongoing problems, including three damaged fire doors (unrepaired for seven years) and faulty fire exit light (evidence collected that this light was faulty since at least 9 July 2023).
Here is an example of how Uniqueco Property Services dealt with these problems - on 22 January 2024 (just seven days before annual fire safety audit), Block A external fire door still had significant damages:
So, how was the fire door repaired - in Australia, service of this quality is called shonky:
Video proved it even better:
SP52948-Block-A-shonky-repair-of-damaged-fire-door-23Jan2024 (video)
Photo taken on 29 January 2024 shows how shonky repairs were simply repainted to cover door damage:
On 14 September 2023, after making inquiries with City of Ryde Council, Lot 158 found out that the Council had issued the Order and a Show Cause Order, but such information was never shared with owners and investors (and possibly not shared with insurance company too).
UPDATED-PROBLEM-REPORT-SP52948-persistent-fire-and-OHS-safety-13Sep2023.pdf
Typically, Council fire orders must be completed in six months from the date on which the order was served.
Council Fire Order is a document that is served when strata complex has been deemed unsafe for its users. These orders are typically requiring an upgrade to the building’s safety systems and are given after a fire safety audit inspection is completed, whether it is random or was requested.
As of late January 2024, Waratah Strata Management still did not allow access to fire order documents.
Buildings with high density populations, like SP52948, are at a higher risk than single use spaces. The older the building, the more at risk it may be, due to outdated fire safety equipment and emergency signage.
The problem was even greater due to fact that SP52948 had Class 2 buildings (apartment buildings), ans partially operated as Class 3 buildings (residential buildings providing long-term or transient accommodation for a number of unrelated persons).
Few key points that require on-going proper maintenance:
Fire doors,
Smoke alarms,
Fire safety systems,
Maintenance services,
Emergency signage,
Emergency procedure training.
Lot 158 made three attempts for document search (28 December 2023, 8 January 2024, and 15 January 2024), which Waratah Strata Management had ignored, until they learned about NSW Fair Trading case 11204124, and then they rushed to offer assistance on 30 January 2024:
SP52948-Lot-158-fourth-attempt-to-obtain-access-to-strata-documents-31Jan2024
Check of fire door 2 in basement of Block A on 1 February 2024 showed that no maintenance was done for many years:
SP52948-Block-A-unmaintained-fire-door-1Feb2024 (video)
How much Waratah Strata Management and Uniqueco Property Services were prepared to hide real status of OH&S and fire safety problems was displayed in agenda for sudden Extraordinary General Meeting on 31 January 2024 where no information was presented about it:
SP52948-extract-from-agenda-EGM-31Jan2024
... and in agenda for committee meeting on the same day, Motion 4 contained no information for owners:
Document search on 13 February 2024 uncovered that strata manager Mr. Simon Wicks, who was removed from managing SP52948 (allegedly retired in April 2019), actually continued to work at Waratah Strata Management as Fire Safety Officer for this strata plan:
Mr. Simon Wicks responsible for fire safety delays in SP52948 on 31 October 2022 and further evidence from February 2024:
Mr. Simon Wicks had history of professional misconduct not only at Waratah Strata Management but BCS Strata Management (who he worked for before joining Waratah Strata Management) too:
BCS-Strata-Management-Refused-to-investigate-Strata-Manager-Simon-Wicks-Oct2011
SP52948-Comments-on-AGM-minutes-ignored-by-BCS-Strata-Management-Simon-Wicks-31Oct2011
On 13 February 2024, during document search on Waratah Strata Management premises, evidence was found how Uniqueco Property Services and Waratah Strata Management ignored City of Ryde Council fire safety orders for one and half years on 18 June 2021. These documents were hidden from owners for two and half years, as of late February 2024:
SP52948-City-of-Ryde-Fire-Safety-Orders-18Jun2021
On 5 April 2022, City of Ryde Council agreed to extend annual fire statement submission until 29 April 2022
On 18 October 2022 City of Ryde Council sent another fire safety non-compliance:
This information was hidden from owners since 2019
Block A ground floor fire exit door was jamming on 23 February 2024:
SP52948-Block-A-ground-floor-jamming-fire-exit-23Feb2024 (video)
Brief checks in the complex on 11 March 2024 uncovered number of problems:
SP52948-Block-A-fire-safety-repairs-in-seven-units-11Mar2024
SP52948-Block-C-fire-safety-repairs-in-two-units-11Mar2024
SP52948-Block-D-fire-safety-repairs-in-two-units-11Mar2024
SP52948-Block-C-ground-floor-damaged-fire-exit-door-photo-1-11Mar2024
SP52948-Block-C-ground-floor-damaged-fire-exit-door-photo-2-11Mar2024
SP52948-Block-C-ground-floor-damaged-fire-exit-door-11Mar2024 (video)
SP52948-damaged-garden-lighting-pole-near-Block-D-photo-2-11Mar2024
SP52948-damaged-garden-lighting-pole-near-Block-D-photo-4-11Mar2024
SP52948-destroyed-garden-lighting-pole-near-townhouse-199-11Mar2024 (video)
Examples of Uniqueco Property Services allowing items to be left on common property, endangering safe passage to exit the buildings in case of emergencies:
SP52948-Block-A-ground-floor-bike-left-on-common-property-17Mar2024
SP52948-Block-A-level-3-statues-on-common-property-17Mar2024
SP52948-Block-A-level-3-statues-on-common-property-26Mar2024
SP52948-Block-A-level-3-statues-on-common-property-14May2024
SP52948-Block-A-level-3-statues-on-common-property-27Aug2024
SP52948-Block-A-level-3-statues-on-common-property-18Nov2024
Email sent to Waratah Strata Management, Uniqueco Property Services, City of Ryde Council, Fire Safety, and committee members on 27 March 2024 documenting lot of problems:
City of Ryde Council sent us a reply on 27 March 2024, with updated notice of intention for fire safety orders, which strata manager was instructed to share with all owners:
SP52948-non-compliance-order-City-Of-Ryde-Reference-No-POrder6PBE-2312827.pdf
Quick check of few fire exit doors in basement on 7 April 2024 showed long-term neglect:
SP52948-Block-A-rusted-fire-door-exit-7Apr2024 (video)
SP52948-Block-D-rusted-fire-door-exit-7Apr2024 (video)
SP52948-Block-D-rusted-second-fire-door-exit-7Apr2024 (video)
In addition, Block C roof area was still unprotected, creating OH&S risks as reported in Napier&Blakeley's professional report in 2012:
SP52948-Block-C-unprotected-roof-area-and-OHS-risks-since-2012-7Apr2024 (video)
Instead of resolving continuous fire and OH&S safety problems that directly affected 218 properties in the complex, Waratah Strata Management and Uniqueco Property Services decided to waste common funds on defibrillator on 30 April 2024:
Comparing the importance between defibrillator and fire safety issues, defibrillator should have been the last item to consider.
As of 1 May 2024, Waratah Strata Management and Uniqueco Property Services still refused to notify owners about City of Ryde Council notice of intention for fire safety orders dated 27 March 2024.
On 12 May 2024 further complaint was sent to City of Ryde Council and Fire Rescue Services NSW:
Their NOPO (Notice of Intention Proposed Fire Safety Order) was not shared with any of 218 owners and investors in the complex since they sent it on 27 March 2024.
Waratah Strata Management (strata agency) did not publish it on their website.
Waratah Strata Management and Uniqueco Property Services (building manager) refused to publish it on six notice boards in the complex.
There was only one committee meeting since your correspondence on 28 March 2024. It was a so-called paper committee meeting on 2 April 2024, which did not include any reference to fire safety information.
It was important to state that this meeting, as organised by Waratah Strata Management, did not satisfy requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 2, Section 4 (1) and (2), and section 7, and Interpretation Act 1987 (NSW). Agenda was created on 26 April 2024 and scheduled for 2 April 2024. Excluding date of creation, meeting date, public holidays, and the weekend, only two days were allowed for delivery of notice to all owners. No owner received full information about financial status, where Admin Fund had deficit (negative balance) of $190,762.04 one day before alleged agenda was sent to owners. Agenda was not detailed, especially the details of Solicitor Adrian Mueller's costs in Standard Costs Agreement. Agenda did not contain details of time and place of the meeting, denying owners their right to attend in person, if they wishes so, and with 25% of voting rights to make decision any way they wanted without committee members. Meeting did not satisfy quorum (out of four allegedly valid votes, two were not legal committee members: Mr. Ramesh Desai and Mr. Stan Pogorelsky).
Open quotes for the fire safety remediation work were not found on waratahstrata website.
Almost two months after the NOPO, there were no scheduled meetings to discuss fire safety.
Waratah Strata Management on their website still listed 14 open orders for various rectification works, of which five were related to fire safety:
28/02/2024 Fire safety equipment repairs
13/02/2024 Fire safety - fire sprinkler repairs
3/12/2020 Lot 158 Sunroom leak
9/07/2020 Smoke detector Unit 148 - Eagle Fire
25/06/2020 Quote accepted for fire services - Flame Safe
- Evacuation diagrams still do not exist on common property.
Further more, in non-compliance with SP52948 registrations, number of properties are used for non-hosted short-term rental accommodation (short-term rental accommodation provided where the host does not reside on the premises during the provision of the accommodation) and they have special requirements in regard to fire safety, which has never been checked or applied in this complex.
City of Ryde replied on 15 May 2024 and stated:
The order has been send to the owners corporation care of the Strata manager. Council has requested that this information be shared to all owners. You should contact your Strata manager with the concerns you have about addressing the issues. I have also mention to the strata manager that Council has received a complaint about fire safety. If the body corporate are neglectful of duties owners can take the matter up with NSW tribunal services.How serious are safety concerns is best shown by Fair Work Legislation Amendment (Closing Loopholes) Act 2023 in July 2024:
New offence - Industrial manslaughter
The Fair Work Legislation Amendment (Closing Loopholes) Act 2023, which passed parliament in December 2023, introduces a new offence of industrial manslaughter for the Commonwealth Work Health and Safety Act 2011.
Taking effect on 1 July 2024, the offence carries maximum penalties of $18 million for bodies corporate or the Commonwealth and 25 years’ jail for individuals, reflecting manslaughter penalties in the Criminal Code.
Creating a specific industrial manslaughter offence was a key recommendation of the 2018 review of the model work health and safety laws and responds to community concern that the WHS framework requires stronger penalties for the most serious breaches that result in workplace fatalities.
As of early July 2024, Waratah Strata Management, Uniqueco Property Services, and committee members were still delaying actions as per City of Ryde orders.
SP52948-Block-C-fire-door-not-self-latching-5Jul2024 (video)
On 20 August 2024, Uniqueco Property Services organised "repairs" of file exit door in Block A basement, but instead of proper maintenance, as usually, they simply covered the problem area:
This is how this door looked like on 2 April 2024:
What owners cannot see, does not hurt - Uniqueco Property Services and Waratah Strata Management policy
Instead of proper fire and OH&S maintenance, Waratah Strata Management and Uniqueco Property Services wasted funds on artifical grass cover near smoking area behind Block D as shown in photo taken on 27 August 2024:
On 1 August 2024, Waratah Strata Management (Nicolas Cosic, Heath Crosbie, Robert Crosbie), Uniqueco Property Services, and committee members were again reminded about failures to comply with City of Ryde orders, risks with Insurance Policy 06S3320703, and pending NSW Fair Trading mediation case 00994497.
During 2023 and 2024 alone, Waratah Strata Management rushed to organize four Extraordinary General Meetings that specifically benefited few individual owners but "accidentally" forgot to deal with major concerns like OH&S and fire safety:
- SP52948-minutes-EGM-27Apr2023
- SP52948-minutes-EGM-17Aug2023
- SP52948-minutes-EGM-30Nov2023
- SP52948-minutes-EGM-22Feb2024
As of 1 August 2024, Waratah Strata Management website listed six fire safety related problems, of which one goes back to 25 June 2020 (four year old!):
SP52948-waratahstrata.com.au-website-Maintenance-Open-Work-Orders-page-1-1Aug2024
SP52948-waratahstrata.com.au-website-Maintenance-Open-Work-Orders-page-2-1Aug2024
Sunroom ceiling water leaks in Lot 158, with high risk of fire and electrical hazard deliberately unmaintained by Waratah Strata Management and Uniqueco Property Services since late 2020:
SP52948-unresolved-common-property-maintenance-issues-in-Lot-158
On 17 September 2024, Waratah Strata Management manipulated Open Work Orders and removed 12 issues, including still outstanding Lot 158 sunroom leaks. Screenshots of first page on Waratah Strata website for SP52948 Open Work Orders at 16:14 hours and 16:24 on 17 September 2024 were significantly different:
SP52948-Waratah-Strata-Management-forgery-of-Open-Work-Orders-17Sep2024
Unredacted screenshots on 16 and 17 September 2024 tell the full story:
SP52948-Maintenance-folder-Open-Work-Orders-16Sep2024
SP52948-Maintenance-folder-Open-Work-Orders-forged-removal-of-issues-17Sep2024
Status of allegedly Closed Work Orders on 17 September 2024:
SP52948-Maintenance-folder-Closed-Work-Orders-page-1-17Sep2024
SP52948-Maintenance-folder-Closed-Work-Orders-page-2-17Sep2024
SP52948-Maintenance-folder-Closed-Work-Orders-page-3-17Sep2024
SP52948-Maintenance-folder-Closed-Work-Orders-page-4-17Sep2024
SP52948-Maintenance-folder-Closed-Work-Orders-page-5-17Sep2024
SP52948-Maintenance-folder-Closed-Work-Orders-page-6-17Sep2024
SP52948-Maintenance-folder-Closed-Work-Orders-page-7-17Sep2024
SP52948-Maintenance-folder-Closed-Work-Orders-page-8-17Sep2024
SP52948-Maintenance-folder-Closed-Work-Orders-page-9-17Sep2024
Waratah Strata Management did not publish Proposed Fire Safety Order EPA2024/19 / FSS2014/7 (dated 27 March 2024) or their updates on notice boards and did not publish the document on their website.
Waratah Strata Management and Uniqueco Property Services continued to act in non-compliance with fire safety regulations since 2020, in spite of repeated warnings by City of Ryde Council.
Owners still did not receive any details of NSW Fair Trading mediation case 00994497, as scheduled for SP52948 on 18 November 2024. Waratah Strata Management did not publish the document on notice boards, and did not publish the document on their website.
They actually declined to attend the mediation, but the minutes of alleged meeting were never published on notice boards, or sent to owners, or published on Waratah Strata Management website.
Waratah Strata Management continued to manipulate data for insurance risks, as shown by the insurance policy renewal for only half-year period due to lack of funds and ongoing risks:
As of 18 October 2024, negative balance (deficit) in SP52948 Admin Fund amounted to -$194,340.99 (GST excl). This did not include total costs for half-year insurance renewal in amount of $134,959.31 (GST excl) which Waratah Strata Management hid in accounting data since 21 September 2024 (additional fees: FSL, Insurer Agency Policy Fee, Stamp Duty, Agent Fee).
Apart from having $10,000.00 excess for each and every water-related damage or exploratory work, which SP52948 has in insurance policy since 2012 due to ongoing problems and poor maintenance record, SP52948 owners now have new exclusions and problems.
Due to lack of funds and high risks, SP52948 cannot renew the insurance policy for the whole year.
This is an unredacted extract from SP52948 insurance policy for half-year of 2025 (expires on 4:00PM on 21 March 2025):
Machinery Breakdown - Blanket Cover excluding Chillers & Lifts
Machinery Breakdown cover includes all electrical and mechanical plant and equipment at the situation but excludes:
1. centrifugal chillers
2. lifts not having in force at all times a full maintenance agreement including parts & labour.
Building Defects Additional policy exclusion Building Defects and remedial work exclusion (applicable to all sections)
We will not pay any claims for Damage, Personal Injury, Property Damage, Loss, or legal expenses caused directly or indirectly by, contributed by or arising from any of the defect in any item, structural defect, faulty design, faulty workmanship error or omission as outlined within the report issued by Fire and rescue NSW dated 08/11/2019 and any subsequent reports.
Risk Survey
Cover under this policy is subject to a Risk Survey being conducted by Strata Unit Underwriters and implementation by the insured of any suggested risk improvements within 60 days of request.
Should the insured not make the reasonable suggested risk improvements within 60 days of request, and should the Risk Survey of the premises show an increased risk of loss, damage or liability in relation to the premises, Strata Unit Underwriters may charge an additional premium, change the cover of your policy and/or impose special conditions to reflect the increased risk of loss, damage or liability. Strata Unit Underwriters may also cancel the policy if permitted by the Insurance Contracts Act 1984 (Cth).
It is important for the insured to know that Strata Unit Underwriters may make changes to this Policy as a result of a change in the insured’s information. When there is a change, Strata Unit Underwriters will inform you. If the insured is not satisfied with the changes, the insured may cancel the policy.SP52948-Insurance-Policy-24Sep2024
In late October 2024, Waratah Strata Management published two versions of half-year insurance policy renewal, where one was backdated to 21 September 2024 in spite of document being created on 24 September 2024:
Walk in basement on 3 November 2024, in just a few minutes uncovered number of ongoing long-term problems:
SP52948-Block-A-basement-damaged-fire-door-and-poor-remediation-of-high-dumpness-3Nov2024 (video)
SP52948-Block-D-basement-fire-exit-door-3Nov2024
SP52948-basement-electrical-hazard-unattended-for-many-years-3Nov2024
SP52948-basement-electrical-hazard-unattended-for-many-years-3Nov2024 (video)
On 4 November 2024, Waratah Strata Management finally created agenda for AGM 2024, scheduled for 28 November 2024.
Waratah Strata Management and committee members wanted to increase levies by 52.42% and also spend another $30,000.00 for Solicitor Adrian Mueller, who so far earned close to $200,000.00 without any benefits to owners (currently being investigated by three organizations).
Waratah Strata Management also wanted owners to spend close to $1,000.000.00 over next three years for fire safety upgrades, without giving owners full details.
Lot 158 sent the following email to CORE Consulting Engineers on 5 November 2024. This was the content of the email:
This is sent in good faith to you, as SP52948 owners like me paid for your alleged services $20,250.00 (GST excl) so far.
If you wish not to be disturbed by valid questions about your consulting services, please advise. Your wish will be respected, but we still reserve the right to share our experience publicly.
This email will be shared with NSW Fair Trading, strata and building managers, committee members, and owners.
$20,250.00 (GST excl) is a decent amount of money, considering that SP52948 has serious financial problems for several years:
SP52948-effects-of-Waratah-Strata-Management-on-Balance-Sheet-since-31Jan2017
Income and Expenditure Report dated 31 October 2024 submitted negative balance (deficit) in Admin Fund in amount of -$325,061.80.
Economos Auditor, who along with Waratah Strata Management, failed to comply with SSMA 2015 and SSMR 2016 four times for SP52948 Annual General Meetings since 2018 (in two other years the data was incorrect and questionable), reported the following in their FY 2024 audit (financial year ending on 31 August 2024) on 21 October 2024:
"As at year end, the Administrative Fund is in deficit amounting to $45,584.29.
The 'Act' allows for loans between funds, but not for a period greater than 3 months. Strata Schemes Management Act 2015, Section 76 Part (2) states that "The Owner's Corporation must, not later than 3 months after the transfer or use, determine by resolution at a general meeting whether the money, or part of the money, should be reimbursed to the fund from which it was transferred or paid."
Section 79 Part (3) requires that "When estimating amounts needed to be credited to the administrative fund or the capital works fund, the Owners Corporation must have before it, and take into account, a statement of the existing financial situation of the strata scheme and an estimate of receipts and payments."
When the budget is being considered by the Owners Corporation at the next Annual General Meeting, the Administrative Fund should be brought back into surplus by increasing the annual budget for the fund in deficit to cover both the anticipated expenditure for the financial year plus the deficit brought forward from the previous year."
Lack of proactive management and delays created not only high safety risks for SP52948, but also massively increased insurance costs (by at least 34.98%) where SP52948 could only pay for half-year renewal. Here is the warning SUU provided on 24 September 2024:
"Building Defects
Additional policy exclusion Building Defects and remedial work exclusion (applicable to all sections)
We will not pay any claims for Damage, Personal Injury, Property Damage, Loss, or legal expenses caused directly or indirectly by, contributed by or arising from any of the defect in any item, structural defect, faulty design, faulty workmanship error or omission as outlined within the report issued by Fire and rescue NSW dated 08/11/2019 and any subsequent reports.
Risk Survey
Cover under this policy is subject to a Risk Survey being conducted by Strata Unit Underwriters and implementation by the insured of any suggested risk improvements within 60 days of request."
Note that there are number of cases against Waratah Strata Management investigated by NSW Fair Trading (and pending other actions).
1) This is fifth and final effort to communicate with you. So far, our emails were ignored:
30 November 2022 (email in two parts)
13 March 2022
12 May 2022
Staff at Core Consulting Engineers forget that Waratah Strata Management and Uniqueco Property Services do not pay their consulting invoices - their invoices are actually paid by owners.
2) Could you please explain why your alleged CORE Consulting Engineers tender for SP52948 (full details have never been provided to owners) as sent in agenda for committee meeting on 17 May 2024 and Annual General Meeting on 8 October 2024 differed only by date and signature of the sender, in spite of concern on page 2 that it was an incomplete assessment?
Five and half months passed since that report and no further analysis has been done, preventing owners corporation from making fully informed decisions, in spite of SUU (Strata Unit Underwriters) warning on 24 September 2024.
Did CORE Consulting Engineers delay the further assessments. Alternatively, who came up with the idea not to do any further work and simply change the date and signature of the CORE tender?
3) In Motion 5 for AGM 2024 (delayed by one month and scheduled for 28 November 2024), it asks owners to review and approve your alleged tender although the scope of work and details are not provided to owners.
In Motion 6 for AGM 2024 owners received the following statement without being given any evidence:
"These works are required to comply with the Fire Safety Order issued on the owners corporation. Compliance with this Order comes at a very high cost approximately $333,000 per year, (spread over 3 years). It should be noted that these costs are additional to obtaining the services of an independent fire engineer (already paid) as the fire order instructed."
4) Your response to attached document SP52948-delayed-actions-by-Core-Consulting-Engineers-since-15May2024 would be appreciated.
SP52948-insurance-company-excluding-cover-for-fire-and-OHS-problems-24Sep2024
SP52948-insurance-premium-changes-since-1997
SP52948-insurance-company-forcing-risk-survey-24Sep2024
SP52948-graph-of-Admin-Fund-negative-balances-since-31Jan2017Check of illegal renovation in Block C Lot 79 on 18 November 2024 uncovered light in the foyer, unrepaired since at least 7 November 2024:
SP52948-Block-C-Lot-79-illegal-renovations-and-faulty-light-7Nov2024
SP52948-Block-C-Lot-79-illegal-renovations-and-faulty-light-18Nov2024
Lot 158 submitted requests for answers to Waratah Strata Management, Uniqueco Property Services, (cc-ed to NSW Fair Trading case 11317277 (escalation to NSW Fair Trading Commissioner Natasha Mann)), and committee members on 5 November 2024. No reply was received:
Lot 158 submitted concerns and amendments for AGM 2024 to Waratah Strata Management, Uniqueco Property Services, (cc-ed to NSW Fair Trading case 11317277 (escalation to NSW Fair Trading Commissioner Natasha Mann)), and committee members on 15 November 2024. No reply was received:
Annual General Meeting happened on 28 November 2024, with lot of ignored problems, costing owners huge amounts.
Core Consulting Engineers, Waratah Strata Management, and committee members received this summary the day later - no replies were received.
These events were promptly shared with City of Ryde, SUU Insurance, and Remedial.
Alleged legally-compliant Annual General Meeting (AGM) of strata plan SP52948 was conducted. One wonders how could owners, for example, reject request to maintain common property in Lot 158, which includes water leakages near electrical lights in sunroom since 2020, intercom, poor ventilation in one bathroom and laundry since 2018, and more. It is difficult to understand what they think will happen next:
SP52948-unresolved-common-property-maintenance-issues-in-Lot-158
Owners had poor understanding of the stringent legal requirements to comply with fire safety and were arguing how to "extend" the work for another three years, in spite of knowing that strata complex received first Fire Orders from City of Ryde in 2019.
That directly conflicts with Core's plan to complete the work in next 18-odd months.
This danger is further emphasized by the fact that SP52948 is illegally used for short-term letting (effectively becoming a hotel), against the Development consent 288/94 and Modification Consent A288/94 for the construction of the four residential towers and 26 Townhouses at the above property.
Verification of SP52948 Development Approval Conditions and Building and Development Advisory Service at Ryde Council (Development Consent 288 of 1994 and A288 of 1994) confirms that this applies to SP52948 (spoke to Mr. Zia Ahmed on 25 March 2020). Mr. Zia Ahmed called from phone 9952 8485 at 16:00 hours, the call lasted 6 minutes 40 seconds). He kindly explained the conditions:
Short-term tenants are allowed ONLY if owner stays and lives in property and shares it with visitors. In that case they still have to get Ryde Council approval
The other valid options for a property to be occupied in our complex are:
1. Owner occupied, or
2. Subject to a lease under Residential Tenancy Act 1987.
Services like AirBnB, StayZ, and similar are not allowed.
Mr. Melvin Kumar from Core Consulting Engineers attended the beginning of the AGM.
In his talk, he unreservedly dismissed Remedial quote as being excessive and refused to provide more details about it, apart from stating that Remedial "was known for high prices" and that they were builders too.
So, it was entirely a decision of Core Consulting Engineers to prevent SP52948 to consider Remedial tender.
Mr. Kumar did not have an explanation why the tenders by other parties were still partially incomplete and how much extra they would cost (blank cheque threat).
Mr. Kumar did not have any answer to explain why his company failed to reply to my inquiry in early November 2024 about their delayed actions. Alleged CORE Consulting Engineers tender for SP52948 (full details have never been provided to owners) as sent in agenda for committee meeting on 17 May 2024 and Annual General Meeting on 8 October 2024 differed only by date and signature of the sender, in spite of concern on page 2:
“In summary CORE recommend engagement of Superior Fire Services for the works. Note the costs provided are not final and additional surveying will be required to finalise the cost. This assessment does not constitute final project costs which may be subject to variations.”Five and half months passed since that report and no further analysis has been done, preventing owners corporation from making fully informed decisions, in spite of SUU (Strata Unit Underwriters) warning on 24 September 2024:
"Additional policy exclusion Building Defects and remedial work exclusion (applicable to all sections)
We will not pay any claims for Damage, Personal Injury, Property Damage, Loss, or legal expenses caused directly or indirectly by, contributed by or arising from any of the defect in any item, structural defect, faulty design, faulty workmanship error or omission as outlined within the report issued by Fire and rescue NSW dated 08/11/2019 and any subsequent reports.
Risk Survey
Cover under this policy is subject to a Risk Survey being conducted by Strata Unit Underwriters and implementation by the insured of any suggested risk improvements within 60 days of request.
Should the insured not make the reasonable suggested risk improvements within 60 days of request, and should the Risk Survey of the premises show an increased risk of loss, damage or liability in relation to the premises, Strata Unit Underwriters may charge an additional premium, change the cover of your policy and/or impose special conditions to reflect the increased risk of loss, damage or liability. Strata Unit Underwriters may also cancel the policy if permitted by the Insurance Contracts Act 1984 (Cth).
It is important for the insured to know that Strata Unit Underwriters may make changes to this Policy as a result of a change in the insured’s information. When there is a change, Strata Unit Underwriters will inform you. If the insured is not satisfied with the changes, the insured may cancel the policy.”In agenda for AGM, Core Consulting Engineers provided tender analysis in two-page document (reference AC2718). In their document, they referred to:
Fire Protect Systems: Document without reference number Flamesafe: SQ24-119 Automatic Fire System Installation 28-02-2024 MT SQ24-146 Macquarie Gardens - 1-15 Fontenoy Road NORTH RYDE 1-03-2024 Remedial: NS23211SB - Core Engineering - 1-15 Fontenoy Rd Macquarie Park Superior Fire Services: 0662_001 CRF5402
And here is a bit of detective work. In their document dated 15 May 2024 (allegedly prepared for committee meeting that never happened) and in agenda for AGM, they listed tender by Superior Fire Systems as document CRF5402, but the actual attachment sent to owners on 4 November 2024, the document was CRF5402A, so it is obvious that some tenders were asked to "resubmit".
FlameSafe Fire Protection also had that opportunity as their documents were dated 9 September 2024.
It appears, based on simple analysis of dates in the documents, two other tenders were not given that opportunity.
The agenda actually provided limited references:
Fire Protect Systems document dated 4 March 2024. None of the attachments in their two-and-half pages were made available to owners.
Superior Fire Services document CFR5402A dated 31 July 2024. Document 0662_001 was not provided to owners.
FlameSafe Fire Protection document SQ24-119 dated 9 September 2024 and document SQ24-685 dated 9 September 2024. Document SQ24-146 was not provided to owners.
Remedial document NS23211SB was not provided to owners.
Neither Mr. Kumar, nor Waratah Strata Management, had any answers about excessive delays in attending to fire safety, which significantly benefited consultants in financial terms:
Excluding FY 2024 (Waratah Strata Management claimed there were no payments for “Maint Bldg -- Consultants Code 164200” in agenda for pending Annual General Meeting in November 2024), Core Consulting Engineers was paid $20,250.00 (GST excl):
Payment Date Payee Amount (GST excl) Ref No.
06/07/2021 Core Consulting Engineers Pty Ltd $8,500.00 INV-CCE2791
24/09/2021 Core Consulting Engineers Pty Ltd $4,000.00 INV-CCE2740
11/10/2021 Core Consulting Engineers Pty Ltd $4,000.00 INV-CCE2963
19/12/2022 Core Consulting Engineers Pty Ltd $3,750.00 INV-CCE3528
For FY 2023 alone, Waratah Strata Management and Uniqueco Property Services failed to justify invoices and expenses in amount of $122,843.87 (GST excl) before, at, and after AGM 2023, which include these payments related to fire orders:
Payment Date Payee Amount (GST excl)
29/11/2022 Austech Consulting Engineers Pty Ltd $11,400.00
18/04/2023 GRS Building Reports Pty Ltd $4,000.00
22/05/2023 Austech Consulting Engineers Pty Ltd $26,600.00
19/12/2022 Uniqueco Property Services $210.00
28/03/2023 Uniqueco Property Services $140.00
Long-term issue with unsafe wiring in basement, near Lot 114 garage on 3 December 2024, unattended by Waratah Strata Management and Uniqueco Property Services for many years:
SP52948-fire-and-OHS-risk-unsafe-wiring-in-basement-near-Lot-114-garage-3Dec2024 (video)
SP52948-fire-and-OHS-risk-unsafe-wiring-in-basement-near-Lot-114-garage-3Dec2024
SP52948-fire-and-OHS-risk-unsafe-wiring-in-basement-near-Lot-114-garage-photo-2-3Dec2024
Waratah Strata Management, Uniqueco Property Services, and committee members ignored lot of serious concerns for AGM 2024:
SP52948-Motions-by-Lot-158-AGM-1Oct2024
SP52948-Waratah-Strata-Management-failed-to-answer-serious-questions-AGM-2024
The pressure by insurance company, City of Ryde Council, and Lot 158 forced owners to make some very belated decisions for fire safety:
Instead of starting with the fire safety remediation work promptly, Waratah Strata Management waited almost one and half months to initiate it on their website on 8 January 2025, by engaging BIV in spite of facts that they did an appalling job for 10-Year Capital Works Fund planning two times in the past:
SP52948-waratahstrata-Maintenance-folder-7Jan2025
SP52948-waratahstrata-Maintenance-folder-8Jan2025
SP52948-waratahstrata-Maintenance-folder-BIV-asked-to-update-insurance-valuation-8Jan2025
SP52948-discrepancies-in-BIV-report-for-10-Capital-Works-Fund-in-2017-and-2021-updated-Jan2025
In Motion 1, notice for the committee meeting dated 6 January 2025 stated "THAT the minutes of the last meeting of the strata committee held on 2 April 2024 be confirmed."
This automatically invalided alleged meetings on 19 September 2024 and 23 May 2024. In September 2024, strata manager sent notice for paper committee meeting, scheduled for 19 September 2024, which included Motions about NSW Fair Trading Mediation in case 00994497 and attempt to engage Solicitor Adrian Mueller. Agenda for that meeting was never published on Waratah Strata website. Minutes of that meeting were never published on notice boards, or on Waratah Strata website, and not sent to any owner. Lot 158 notified NSW Fair Trading about it on 25 September 2024.
Strata meeting on 2 April 2024 was also non-compliant.
SP52948-agenda-EC-meeting-26Mar2024
Strata Plan SP52948 committee meeting dated 2 April 2024, as organised by Waratah Strata Management, did not satisfy requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 2, Section 4 (1) and (2), and section 7, and Interpretation Act 1987 (NSW).
Agenda was created on 26 March 2024 and scheduled for 2 April 2024. Excluding date of creation, meeting date, public holidays, and the weekend, only two days were allowed for delivery of notice to all owners. As per Strata Roll dated 31 January 2017, more than 32% of owners had requested postal delivery of notices – that figure is hidden from owners by Waratah Strata Management in subsequent years.
Access to current Strata Roll was disabled by deliberate actions of strata manager.
No owner received full information about financial status, where Admin Fund had deficit (negative balance) of -$190,762.04 one day before the agenda was sent to owners:
SP52948-Income-and-Expenditure-Report-1Sep2023-to-25Mar2024
Even worse, no owner received full information about financial status, where Admin Fund had deficit (negative balance) of -$200,148.73 on the day of the alleged meeting:
SP52948-Income-and-Expenditure-Report-1Sep2023-to-2Apr2024
Agenda was not detailed, especially the details of Solicitor Adrian Mueller's costs in Standard Costs Agreement.
Agenda did not contain details of time and place of the meeting, denying owners their right to attend in person, if they wishes so, and with 25% of voting rights to make decision any way they wanted without committee members.
None of six notice boards published agenda of the alleged meeting at any time before the meeting (photo evidence was collected).
Meeting did not satisfy quorum (out of four allegedly valid votes, two were not legal committee members: Mr. Ramesh Desai and Mr. Stan Pogorelsky):
SP52948-minutes-paper-EC-meeting-2Apr2024
Solicitor Adrian Mueller was allegedly engaged to provide these services, without any results ever being published for owners:
(i) provide advice in relation to recent communication from Lot 158; and
(ii) draft additional by-law for storage of electric bikes, scooters and other electric lithium battery powered mobility equipment.
Serious fire safety problems related to EV vehicles continued at many sites, which SP52948 strata and building managers ignored. Latest example from trapped tenants in a unit in Merrylands on 17 January 2025 (as reported by news.com.au):
E-bike-blaze-and-trapped-tenants-in-unit-Merrylands-17Jan2025
In SP52948, even building manager created risks by using and parking his EV scooter without approval at any legally-compliant meeting (there is also a separate question about where is he charging the vehicle):
SP52948-building-manager-electic-scooter-parked-inside-private-garage-22Jan2025 (video)
As of early March 2025, the list of OH&S and fire safety issues is best shown through open work orders:
SP52948-waratahstrata-Maintenance-Open-Work-Orders-folder-11Mar2025
SP52948-waratahstrata-Maintenance-Open-Work-Orders-folder-Emergency-fire-safety-repairs-6Mar2025
SP52948-waratahstrata-Maintenance-Open-Work-Orders-folder-Fire-safety-equipment-repairs-7Mar2025
SP52948-waratahstrata-Maintenance-Open-Work-Orders-folder-Fire-exit-door-repairs-7Mar2025
SP52948-Block-A-elevator-notice-replacement-of-faulty-emergency-lights-10Mar2025
Appearance of long-neglected water leaks near fire door in basement of Block D, as photographed on 12 March 2025:
SP52948-Block-D-basement-water-damaged-walls-near-fire-exit-12Mar2025
SP52948-Block-D-basement-water-damaged-walls-near-fire-exit-photo-2-12Mar2025
SP52948-Block-D-basement-water-damaged-walls-near-fire-exit-photo-3-12Mar2025
As of 25 March 2025, there were seven open work orders, related to OH&S and fire safety (of which two were more than a year old):
07/03/2025 Fire Safety Equipment
07/03/2025 Fire-Exit Doors
06/03/2025 Quote Approval - Emergency & Exit Lights
08/01/2025 Update Insurance Valuation
04/10/2024 Sewer Relining
27/02/2024 Fire safety equipment repairs
13/02/2024 Fire safety - fire sprinkler repairs
SP52948 does not fall within an exemption clause 7 of the Work Health & Safety Regulation 2017 and therefore need to comply with WH&S obligations because common property area is used for visitor parking of the commercial vehicle, short term letting is allowed (against the Development Approval), and employs facilities managers and strata managers to fulfil their duties.
In one of the first prosecutions of its kind, an owners corporation of an industrial complex, strata manager and a business within the industrial complex have all been separately prosecuted and fined for breaching the Work Health and Safety Act 2011 (NSW) (WHS Act). The prosecutions followed a fatal incident at the industrial complex on 12 June 2020.
On 26 July 2023, a business within the industrial complex and employer of the deceased worker, was convicted and fined $500,000 reduced to $375,000 to reflect the early guilty plea (SafeWork NSW v Maluko Pty Ltd [2023] NSWDC 274).
On 11 July 2024, the Owners Corporation was convicted and fined $300,000 reduced to $225,000 to reflect the early guilty plea (SafeWork NSW v The Owners – Strata Plan No 93899 [2024] NSWDC 277).
On 22 August 2024, the strata manager was convicted and fined $200,000 reduced to $150,000 to reflect the early guilty plea (SafeWork NSW v Chris Darby Strata Pty Ltd [2024] NSWDC 360).
High temperature alarms were still rusted and in need of some maintenance on 25 March 2025:
SP52948-Block-A-entrance-rusted-high-temperature-alarm-25Mar2025
SP52948-Block-B-entrance-rusted-high-temperature-alarm-25Mar2025
SP52948-Block-C-entrance-rusted-high-temperature-alarm-25Mar2025
SP52948-Block-D-entrance-rusted-high-temperature-alarm-25Mar2025
Examples of continuous, unrepaired, or poorly repaired water leaks in basement of four buildings, including areas near fire exits on 30 March 2025:
SP52948-Block-B-basement-unrepaired-water-leaks-video-1-30Mar2025 (video)
SP52948-Block-D-basement-unrepaired-water-leaks-video-2-30Mar2025 (video)
SP52948-Block-B-basement-near-fire-exit-door-unrepaired-water-leaks-video-3-30Mar2025 (video)
On the same day, 30 March 2025 at around 17:50 hours, tenant in Lot 191 was witnessed riding electric scooter (and without the helmet too) in basement of Block A at significant speed. He then took the scooter up to floor 7, presumably to keep it inside the unit and maybe even charge it.
Whilst waiting for the elevator, Lot 191 tenant was warned about riding the scooter on common property.
CCTV recordings can easily confirm this event.
Waratah Strata Management and Uniqueco Property Services ignore safety concerns, and even events where Fire and Rescue NSW (FRNSW) was warning of an alarming spike in lithium-ion battery fires after responding to four separate e-bike and e-scooter fires in Sydney within the past 12 hours on 6 February 2025.
On 31 March 2025, City of Ryde sent the following email to Waratah Strata Management:
Good morning Waratah Strata,
Council has received a compliant regarding ongoing issues that have been bought to our attention. We acknowledge Councils orders for the non-compliances of SP52948, within the order request the Owners corporation to follow the Core Consulting fire Engineers report.
The complainant, speaks about the lack of transparency in communication with owners. Correspondence from yourself on the 19/03/2025 states that an alternative Consultant will be overseeing the work that Core consulting has recommended. To ensure transparency please inform all owners that the work is going to be done in accordance with Core Consulting report. Once the work has been completed the work will need to signed off by either Core Consulting or a registered A1 Certifier or Fire Engineer who is registered with the Building Commissioner’s Office.
The matters raised, particularly the outstanding fire safety work orders are to be followed up by the Strata Manager, The compliant also has issues with the process for remediation works, and the reported inconsistencies in work order listings on the Waratah Strata website. Additionally, we will investigate the reported unauthorized renovations in Lot 79 and assess whether they pose safety risks.
https://www.fairtrading.nsw.gov.au/about-fair-trading/our-services/resolving-issues/building-complaints.
I will forward this response on to the complainant.
Looking forward to hearing from you regarding the above.On 1 April 2025, Waratah Strata Management, Uniqueco Property Services, and committee members were warned about continuous fire and OH&S problems. They stayed silent and so far failed to notify owners or publish information on Waratah Strata website and notice boards:
SUMMARY-NCAT-case-2024-00454780-and-latest-fire-safety-problems-1Apr2025
On 4 April 2025, poor status of Block A fire exit door:
SP52948-Block-A-fire-exit-door-poorly-maintained-4Apr2025 (video)
Around 4 April 2025, somebody damaged fence with their car near tennis courts:
SP52948-damaged-fence-near-tennis-courts-4Apr2025
SP52948-damaged-fence-near-tennis-courts-4Apr2025 (video)
Two days later, on 6 April 2025, the area was still not properly isolated to prevent incidents and accidents and allegation that the owner would pay for this repair was unconfirmed:
SP52948-damaged-fence-near-tennis-courts-not-protected-against-public-accidents-6Apr2025 (video)
Alleged committee member from Lot 88, Mrs. Marianna Paltikian, was direct witness of this safety risk at 15:29 hours, as she saw Lot 158 collecting video evidence. Coincidentally, Mrs. Paltikian made a personal admission to Lot 158 that she had damaged the entrance gate several years ago and that she was forced to pay for repairs. When she was asked for evidence of her payments, she never responded.
On 9 May 2023, insurance claim for damages to entrance door that were caused by visitor of Lot 190 were withdrawn whilst strata manager and committee members did not want to pursue recovery of funds from the guilty party in amount of $4,724.50 (direct losses to owners corporation without disclosure to owners):
SP52948-failed-insurance-claim-for-Lot-190-damages-to-entrance-gate-8May2023
On 20 April 2025, just two days before NCAT Hearing, sudden smoke alarm repairs in 12 units in three buildings were organised (close to 7% of the total number of properties in four buildings and that does not include Block A, as its data was missing or undisclosed by the building manager), and not listed in Open Work Orders:
SP52948-waratahstrata-Maintenance-Open-Work-Orders-folder-20Apr2025
Lots 5, 13, 23, and 32 in Block B:
SP52948-Block-B-urgent-smoke-alarm-repairs-scheduled-on-day-of-NCAT-2024-00454780-hearing-20Apr2025
Lots 54, 56, 57, 58, 66, 68, and 73 in Block C:
SP52948-Block-C-urgent-smoke-alarm-repairs-scheduled-on-day-of-NCAT-2024-00454780-hearing-20Apr2025
Lot 125 in Block D:
SP52948-Block-D-urgent-smoke-alarm-repairs-scheduled-on-day-of-NCAT-2024-00454780-hearing-20Apr2025
Information for Block A was missing or undislosed by Uniqueco Property Services and Waratah Strata Management.
For a good measure, reminder about two (of many) unmaintained or poorly maintained fire exit doors:
SP52948-Block-A-fire-exit-door-2-poor-maintenance-20Apr2025 (video)
SP52948-Block-C-fire-exit-door-poor-maintenance-20Apr2025 (video)
And cigarette butt risks in gardens near Block D:
SP52948-Block-D-garden-bed-terrible-risk-with-cigarette-butts-20Apr2025 (video)
On or around 25 April 2025, just few days after NCAT Hearing, sudden repairs of fire/exit doors in 34 units in three buildings were organised (more than 18% of the total number of properties in four buildings and that does not include Block A, as its data was missing or undisclosed by the building manager):
Lots 5, 7, 8, 9, 12, 16, 17, 23, 24, 35, 36, 39, and 44 in Block B:
SP52948-Block-B-urgent-fire-door-repairs-26Apr2025
Lots 47, 60, 66, 76, 90, 91, 92, and 96 in Block C:
SP52948-Block-C-urgent-fire-door-repairs-26Apr2025
Lots 99, 100, 101, 104, 105, 107, 117, 121, 123, 138, 139, 142, and 145 in Block D:
SP52948-Block-D-urgent-fire-door-repairs-26Apr2025
Information for Block A was missing or undislosed by Uniqueco Property Services and Waratah Strata Management.
