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).
SP52948 Ongoing Problems with Smoking
Some of repetitive issues with smoking:
Even fire safety was ignored and smoking allowed in restricted areas
SP52948-Waratah-Strata-Management-declined-to-enforce-By-Laws-for-smoking-and-pollution-26Mar2020
SP52948-Waratah-Strata-Management-ignored-15-complaints-about-smoking-1Aug2020
SP52948-Waratah-Strata-Management-ignored-smoking-problems-23Dec2020
SP52948-Waratah-Strata-Management-ignored-smoking-problems-and-health-issues-11Apr2021
SP52948-Waratah-Strata-Management-declined-to-enforce-By-Laws-for-smoking-and-pollution-26Apr2021
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Smoking continues to be a persistent problem, with several known offenders continuously using garages for such activities, without any actions by staff, in spite of clear CCTV evidence.
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Similar issue is experienced as visitors of ex-committee member from Lot 151 smoke in the courtyard which affected health of tenants on upper floors so much so that all windows had to be closed.
Cigarette butts were found at car wash area on 13 February 2022.
Cigarette butts near fire exit in Block A on 9 February 2022: SP52948-Block-A-cigarette-butts-near-fire-exit-photo-4-9Feb2022
Five days later, cigarette butts were still in the sme place on 14 February 2022
On 14 February 2022 there were also three cigarette butts (not cleaned over the weekend) near carwash area
On 15 February 2022 there were still three cigarette butts near carwash area
On 14 February 2022 there was also cigarette butt near gazebo (close to tennis courts):
Smoking continues to be a serious problem - notice in Block A on 13 April 2022:
Smoking continues to be a serious problem - notice in Block D on 15 May 2022:
Smoking in garage areas is a continuos problem, known to everyone, without proper implementation of by-laws. Example, on 13 September 2022 at around 14:55 hours, strong smell of cigarettes was detected all the way from garbage bins under Block A to Lot 158 garage. A known heavy smoker was at the time in his garage.
On 18 November 2022 at around 10:20 hours, strong smell of cigarettes was detected all the way from garbage bins under Block A to Lot 158 garage. A known heavy smoker was at the time in his garage.
In Block A alone, smoking is still a serious issue on the ground floor:
One was visitor to ex-committee member (Lot 151), who was staying with Ms. Maureen MacDonald during festive season. His smoking in the courtyard was so bad that we had to close windows in bedrooms many times. No comments are necessary.
One is a tenant in Lot 146. Smoke goes directly above their unit.
On 5 January 2023, strong tobacco smell was present throughout basement area under Block A around 10:20 hours. A well-known repeat offender was in his garage and smoking in car.
On 8 January 2023, strong tobacco smell was present throughout basement area under Block A around 11:53 hours. A well-known repeat offender was in his garage and smoking in car.
On 10 January 2023, strong tobacco smell was present throughout basement area under Block A around 11:03 hours. A well-known repeat offender was in his garage and smoking in car.
Warnings in Block B about foul smell from common area and smoking on 13 January 2023.
On 12 February 2023, strong tobacco smell was present throughout basement area under Block A around 21:14 hours. A well-known repeat offender was in his garage and smoking in car.
Notices in Block B, C, and D about repetitive smoking problems on 23 March 2023.
Notices in Block B, C, and D about repetitive smoking problems on 25 April 2023.
Notices in Block B, C, and D about repetitive smoking problems on 9 May 2023.
Notices in Block A, C, and D about repetitive smoking problems on 5 June 2023.
On 13 May 2023, strong tobacco smell was present throughout basement area under Block A around 16:48 hours. A well-known repeat offender was in his garage and smoking in car.
On 1 August 2023, strong tobacco smell was present throughout basement area under Block A around 13:36 hours. A well-known repeat offender was in his garage and smoking in car.
On 17 August 2023, strong tobacco smell was present throughout basement area under Block A around 18:55 hours. A well-known repeat offender was in his garage and smoking in car.
On 17 August 2023, large number of cigarette butts were uncovered in area between townhouse 199 and carwash area, creating potential hazards, and pollution:
On 25 August 2023, cigarette butts were found near tennis courts, creating potential hazards, and pollution:
On 25 August 2023, large number of cigarette butts were still found in area between townhouse 199 and carwash area, creating potential hazards, and pollution (week earlier, eight members of the committee and two strata managers from Waratah Strata Management received concerns about it, and they ignored it):
Nobody cleaned it up as of 13 September 2023:
Nobody cleaned it up as of 10 October 2023:
Nobody cleaned it up as of 31 October 2023:
Walk near gazebo and tennis courts again uncovered cigarette butts which were not cleaned.
Smoking in Block A continued to be a major problem, as per notice in elevator on 10 October 2023.
Strong smell was present in basement of Block A near garbage bins in afternoon on 8 and 9 October 2023, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 17 October 2023 at around 16:15 hours, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 25 October 2023 at around 14:25 hours, when a well-known smoker was in their garage.
Throughout November 2033 strong cigarette smell was regularly present in basement of Block A near garbage bins, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 3 December 2023 at around 12:27 hours, when a well-known smoker was in their garage.
Smoking continues to be problem, without Waratah Strata Management and Uniqueco Property Services taking any decisive actions, apart from continuous streams of notices which smokers ignore:
SP52948-Block-C-notice-about-continuous-smoking-problems-4Feb2024
Terribly strong cigarette smell was present in basement of Block A near garbage bins on 7 February 2024 at around 15:13 hours, when a well-known smoker was in their garage.
Extremely strong cigarette smell (arguably the worst one so far) was present in basement of Block A near garbage bins on 15 February 2024 at around 13:11 hours, when a well-known smoker was in their garage.
Continuously strong cigarette smell was present in basement of Block A near garbage bins on 21 February 2024 at around 15:10, 17:30, and 18:45 hours, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 26 February 2024 at around 11:04 hours, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 19 March 2024 at around 15:04 hours, when a well-known smoker was in their garage.
Smoking and pollution near carwash area continued, without Waratah Strata Management and Uniqueco Property Services taking any decisive actions, as evidence on 1 April 2024 showed:
Strong cigarette smell was present in basement of Block A near garbage bins on 5 April 2024 at around 12:15 hours and 13:25 hours, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 14 April 2024 at around 12:17 hours, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 14 April 2024 at around 12:17 hours, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 17 April 2024 at around 14:15 hours, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 22 April 2024 at around 14:47 hours, when a well-known smoker was in their garage.
Strong cigarette smell was present in basement of Block A near garbage bins on 10 May 2024 at around 13:20 hours, when a well-known smoker was in their garage.
It appears rule of the jungle best describes how people in the complex behave.
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The Body Corporate and Community Management (BCCM) has barred a unit owner at Artique Resort, Surfers Paradise from smoking any “tobacco products” on their balcony following a complaint from an owner of an apartment on the floor directly above.
In NSW, NCAT decided in February 2022, that occupants of a multi-storey strata building had been disturbed by smoke from an adjoining apartment.
The owners corporation had a by-law which addressed the issue of smoking. The by-law prohibited owners and occupants from "smoking on common property or allowing smoke to enter common property".
The owners of the apartment experiencing the smoking from their adjoining occupants, complained to the owners corporation which issued a Notice to Comply to the occupants who were smokers. The smokers did not comply with the Notice to Comply and kept smoking.
When proceedings were commenced in NCAT by the owners corporation seeking a penalty against the offending occupants, the smokers argued that the Tribunal could not make an order because, among other matters, the complaining owners had experienced smoke in their apartment, and the by-law only prohibited smoke from entering common property.
The owners corporation argued that common property included the air space immediately outside the smokers’ apartment. For the smoke to reach the apartment of the owners affected by the smoke, it had to travel through common property air space outside the building, through the air space of a balcony and through a common property window to make its way into the apartment. This argument was accepted by the Tribunal. NCAT imposed a penalty on the smokers for continuing to breach the smoking by-law after they were given the Notice to Comply.
The risk for owners corporations seeking penalties against occupants is always that their by-laws may be technically deficient because of the wording of those by-laws. In this case, the Tribunal recognised that common property within a strata scheme consists of more than just a common stairway or laundry area – it consists of the entirety of the parcel making up the strata scheme which is not lot property.
Every owners corporation should rely on better technical definition of common property - prepare a well-drafted by-law so that owners corporation can comprehensively deal with the issue: the use of all tobacco types, including cigarettes, pipes and cigars, vaping, debris created by these practices, and the issue of “smoke-drift”.
In NSW, NCAT made similar ruling in December 2022:
Newport v Pittman [2022] NSWCATAP 150
Brenton Pittman and Lynette Cartwright from Kingscliff in the Northern Rivers region took their downstairs neighbours, Des Newport and Carmen Traynor to the NSW Civil and Administrative Tribunal (NCAT), which ultimately ruled in their favour.
The couple accused their neighbours of smoking on the balcony and said it drifted up to them and even leaked through air vents, even if they closed their doors and windows and used a fan and air purifier.
Since the ruling, the neighbours or any guests they bring over are no longer allowed to smoke on their balcony and they are reportedly looking to sell their unit.
Pittman said the case dragged on for more than a year and involved an initial hearing, which they won, an appeal they lost, and a final hearing with lawyers where they prevailed.
