SP52948 Contract with Uniqueco Property Services Without Tenders (GST excl)
Since 2014, Uniqueco Property Services won building management contract with SP52948 without tender, in spite of irrefutable evidence of questionable services:
Solicitor Adrian Mueller, Waratah Strata Management, and committee members prevented NCAT to investigate problems in the complex and provided false information:
Table of building management contract paid yearly to service providers:
Financial Year Building Manager (old name Caretaker) Total Contract Value Official annual inflation rate 1999 Strata Sphere $186,611.00 1.48% 2000 Universal Strata Services $220,168.00 4.46% 2001 Universal Strata Services $220,624.00 4.41% 2002 Universal Strata Services $218,938.00 2.98% 2003 Universal Strata Services $218,167.00 2.73% 2004 Universal Strata Services $222,376.00 2.34% 2005 Universal Strata Services $227,995.00 2.69% 2006 Universal Strata Services $228,438.00 3.56% 2007 Universal Strata Services $232,844.00 2.33% 2008 Universal Strata Services $235,560.00 4.35% 2009 Universal Strata Services $244,287.00 1.77% 2010 Universal Strata Services $264,080.00 2.92% 2011 Universal Strata Services $245,094.00 3.30% 2012 Universal Strata Services $255,673.00 1.76% 2013 Universal Strata Services $256,605.00 2.45% 2014 Universal Strata Services $252,618.00 2.49% 2015 Uniqueco Property Services $275,838.09 (charges split into four invoices: garden maintenance, security, caretaker fees, maintenance garden items, difference to previous year: 8.78%, contract RS/RH 081394 signed on 7 December 2014 by two committee members of which one of them - Mr. Moses Levitt of Lot 147 was unfinancial due to unpaid levies since 2001) 1.51% 2016 Uniqueco Property Services $295,250.60 (charges split into four invoices: garden maintenance, security, caretaker fees, maintenance garden items, difference to previous year: 7.03%, Unfinancial Chairperson Mr. Stan Pogorelsky of Lot 181 approved false statements about building management costs in agenda for AGM 2016 ($292,912.00) evidence part 1 and evidence part 2, minutes of committee meeting held on 21 March 2016 renewed contract for another year without any tender, although its expiration date was nine months later on 7 December 2016, contract value increased by 2% without owners corporation decision at general meeting on 22 April 2016) 1.28% 2017 Uniqueco Property Services $291,507.13 (difference to previous year: -1.27%, contract renewed without tender at general meeting on 24 October 2017 and signed by two unfinancial owners - Mr. Moses Levitt and Mr. Stan Pogorelsky of Lot 147 and 181 due to unpaid levies since 2001 and 1999 respectively, increasing the contract value by 4% per year) 1.95% 2018 Uniqueco Property Services $306,837.99 (Auditor signed incomplete version of financials at AGM 2018, agenda for AGM 2019 confirmed it, difference to previous year: 5.25%) 1.91% 2019 Uniqueco Property Services $293,031.44 (difference to previous year: -4.50%) 1.61% 2020 Uniqueco Property Services $330,986.89 (difference to previous year: 12.95%, contract renewed without tender at general meeting on 22 October 2020) 0.85% 2021 Uniqueco Property Services $339,249.60 (difference to previous year: 2.49%) 2.86% 2022 Uniqueco Property Services $339,741.00 (difference to previous year: 0.14%) 6.59% 2023 Uniqueco Property Services $343,507.47 (difference to previous year: 1.10%, undisclosed increase of 2.0% since February 2023) 4.1% as published on 31 January 2024 2024 Uniqueco Property Services $415,012.63, split into two account codes ("Maint Bldg--Building Management" and "Maint Bldg--Building Management Expenses"), increase of 20.81% for incomplete year since their contract increased by around 30% 2.4% as published on 29 January 2025 Contract with Uniqueco Property Services, approved at general meeting without tender or full disclosure, was signed on 7 December 2014 by two committee members of which one of them - Mr. Moses Levitt of Lot 147 was unfinancial due to unpaid levies since 2001 without disclosure to owners).
Contract with Uniqueco Property Services was renewed without tender at general meeting on 24 October 2017 and signed by two unfinancial committee members - Mr. Moses Levitt and Mr. Stan Pogorelsky of Lot 147 and 181 due to unpaid levies since 2001 and 1999 respectively, increasing the contract value by 4% per year.
Contract with Uniqueco Property Services was renewed without tender at general meeting on 22 October 2020.
In 2023, monthly salary for Uniqueco Property Services was increased three times, without any disclosure or details:
2% in March 2023.
10% in September 2023.
2.21% in December 2023.
This is version of Uniqueco Property Services salary in period from August 2022 to 14 February 2024, with falsified data from Waratah Strata Management:
Correct version (if we can trust Waratah Strata Management accounting data):
Date 161300 Maint Bldg--Building Management (monthly salary) Difference to previous month and evidence 31 December 2020 $28,371.47 Not calculated 31 January 2021 $28,601.47 $230.00 28 February 2021 $28,311.75 -$289.72 31 March 2021 $28,311.75 $0.00 30 April 2021 $28,311.75 $0.00 31 May 2021 $28,311.75 $0.00 30 June 2021 $28,311.75 $0.00 31 July 2021 $28,311.75 $0.00 31 August 2021 $28,311.75 $0.00 30 September 2021 $28,311.75 $0.00 31 October 2021 $28,311.75 $0.00 30 November 2021 $28,311.75 $0.00 31 December 2021 $28,311.75 $0.00 31 January 2022 $28,311.75 $0.00 28 February 2022 $28,311.75 $0.00 31 March 2022 $28,311.75 $0.00 30 April 2022 $28,311.75 $0.00 31 May 2022 $28,311.75 $0.00 30 June 2022 $28,311.75 $0.00 31 July 2022 $28,311.75 $0.00 31 August 2022 $28,311.75 $0.00 30 September 2022 $28,311.75 $0.00 31 October 2022 $28,311.75 $0.00 30 November 2022 $28,311.75 $0.00 31 December 2022 $28,311.75 $0.00 31 January 2023 $28,311.75 $0.00 28 February 2023 $28,311.75 $0.00 31 March 2023 $29,247.07 $935.32 30 April 2023 $28,877.98 -$369.09 31 May 2023 $28,877.98 $0.00 30 June 2023 $28,877.98 $0.00 31 July 2023 $28,877.98 $0.00 31 August 2023 $28,877.98 $0.00 30 September 2023 $31,764.07 $2,886.09 25 October 2023 $28,877.98 -$2,886.09 (salary reported two weeks after regular schedule, after Lot 158 sent warning about AGM 2023 SP52948-AGM-2023-misconducts-and-risks-24Oct2023) 30 November 2023 $29,866.24 $988.26 (SP52948-accounting-differences-for-status-on-30Nov2023-found-on-Waratah-Strata-Management-website-27Feb2024) 20 December 2023 $29,517.85 -$348.39 (SP52948-accounting-differences-for-status-on-31Dec2023-found-on-Waratah-Strata-Management-website-27Feb2024) 22 January 2024 $28,877.98 -$639.87 (SP52948-accounting-differences-for-status-on-31Jan2024-found-on-Waratah-Strata-Management-website-27Feb2024) 14 February 2024 $38,803.44 $9,925.46 (negative balance (deficit) in Admin Fund reached -$87,895.04 SP52948-Income-and-Expenditure-Report-1Sep2023-to-14Feb2024, Lot 158 document search of strata documents on 13 February 2024 confirmed that Waratah Strata Management had no signed version of renewed contract with Uniqueco Property Services in spite of contract expiring on 31 January 2024) 6 March 2024 $37,237.78 -$1,565.66 (negative balance (deficit) in Admin Fund reached -$187,689.84 SP52948-Income-and-Expenditure-Report-1Sep2023-to-7Mar2024) 10 April 2024 $37,716.27 $478.49 (negative balance (deficit) in Admin Fund reached -$250,998.12 SP52948-Income-and-Expenditure-Report-1Sep2023-to-10Apr2024) 23 May 2024 $37,428.06 -$288.21 (negative balance (deficit) in Admin Fund reached -$100,522.75 SP52948-Income-and-Expenditure-Report-1Sep2023-to-23May2024, figure for May 2024 was listed under dubious account code, standard code for "Maint Bldg -- Building Management" was 161300, but in May 2024, separate code was added in Admin Fund balance "161350 Maint Bldg -- Building Management Expenses") 14 June 2024 $37,474.33 $46.27 (negative balance (deficit) in Admin Fund reached -$164,511.55 SP52948-Income-and-Expenditure-Report-1Sep2023-to-14Jun2024) 10 July 2024 $36,583.33 in accounting code 161300 and $39,366.18 in accounting code 161350 $46.27 (negative balance (deficit) in Admin Fund reached -$211,628.93 SP52948-Income-and-Expenditure-Report-1Sep2023-to-10Jul2024) 8 August 2024 $37,929.73 in accounting code 161300 $1,346.40 (negative balance (deficit) in Admin Fund reached -$63,048.35 SP52948-Income-and-Expenditure-Report-1Sep2023-to-8Aug2024) 13 September 2024 $38,041.94 in accounting code 161300 $112.21 (negative balance (deficit) in Admin Fund reached -$140,003.50 SP52948-Income-and-Expenditure-Report-1Sep2024-to-13Sep2024) 16 October 2024 $37,335.04 in accounting code 161300 -$706.90 (negative balance (deficit) in Admin Fund reached -$194,340.99 SP52948-Income-and-Expenditure-Report-1Sep2024-to-16Oct2024) 20 November 2024 $37,729.81 in accounting code 161300 $394.77 (negative balance (deficit) in Admin Fund reached -$123,897.97 SP52948-Income-and-Expenditure-Report-1Sep2024-to-20Nov2024) 16 December 2024 $37,486.68 in accounting code 161300 -$243.13 (negative balance (deficit) in Admin Fund reached -$183,325.61 SP52948-Income-and-Expenditure-Report-1Sep2024-to-16Dec2024) 29 January 2025 $38,124.63 in accounting code 161300 $637.95 (negative balance (deficit) in Admin Fund reached -$282,251.22 SP52948-Income-and-Expenditure-Report-1Sep2024-to-afternoon-29Jan2025; predictable manipulation of financial status on 29 January 2025, which Lot 158 announced to five managers at Waratah Strata Management and majority of committee members on 17 January 2025, as part of preparation for NCAT Hearing in case 2024/00454780 - difference between Admin Fund balance in the morning and afternoon was more than $81,000.00. As usual, owners were not informed about it SP52948-massive-differences-in-Admin-Fund-between-morning-and-afteroon-29Jan2025; SP52948 Balance Status in morning on 29 January 2025 - Admin Fund had negative balance of -$211,864.18) 19 February 2025 $38,127.62 in accounting code 161300 $2.99 (negative balance (deficit) in Admin Fund reached -$48,227.14 SP52948-Income-and-Expenditure-Report-1Sep2024-to-19Feb2025) 12 March 2025 $37,683.30 in accounting code 161300 −$444.32 (negative balance (deficit) in Admin Fund reached -$113,931.57 SP52948-Income-and-Expenditure-Report-1Sep2024-to-12Mar2025) 16 April 2025 $37,799.98 in accounting code 161300 $116.68 (negative balance (deficit) in Admin Fund reached -$329,474.52 SP52948-Income-and-Expenditure-Report-1Sep2024-to-16Apr2025) During document search at Waratah Strata Management on 13 February 2024, these undisclosed accounting figures were discovered for payments to Uniqueco Property Services on 25 October 2023 and 20 December 2023:
Early in November 2023, Lot 158 predicted that Waratah Strata Management either did not pay Uniqueco Property Services for month of November 2023 so that negative balance in Admin Fund did not look as bad as it really was, or would pay the building manager's invoice for November 2023 but hide it in accounting files for owners. In both cases, it would be a premeditated effort to mislead owners about bad financial status.
Waratah Strata Management failed to provide documents to Lot 158 in accordance with Strata Schemes Management Act 2015 (NSW), Sch1, Part 10(1) - copies of administrative fund, the capital works fund and any other fund of the owners corporation (term deposits and trust accounts, and others as applicable), which had to be produced to Lot 158 at least two days before the meeting at which the statements should be presented (EGM on 30 November 2023). The same ignorance by Waratah Strata Management happened at AGM on 26 October 2023.
Auditor's report was still outstanding for 2023, on 13 December 2023 it was 48 days late (after the compulsory presentation at AGM 2023). Economos again completed their audit in non-compliance with regulations for AGM 2023 46 days late after due date on 11 December 2023 but Waratah Strata Management published it on their website 49 days after AGM 2023.
Solicitor Adrian Mueller stated the following on 25 January 2021 (sign-off date of his three-and-half page response to Lot 158 and NCAT in case SC 20/33352 was 18 January 2021 while hidden metadata (forensic investigation), contained real date of the document – 14 December 2020), confirming legal obligation of owners corporation to make all decisions related to strata and building management at general meetings:
During document search at Waratah Strata Management on 13 February 2024, these undisclosed accounting figures were discovered for payments to Uniqueco Property Services on 25 October 2023 and 20 December 2023:
Early in November 2023, Lot 158 predicted that Waratah Strata Management either did not pay Uniqueco Property Services for month of November 2023 so that negative balance in Admin Fund did not look as bad as it really was, or would pay the building manager's invoice for November 2023 but hide it in accounting files for owners. In both cases, it would be a premeditated effort to mislead owners about bad financial status.
Waratah Strata Management failed to provide documents to Lot 158 in accordance with Strata Schemes Management Act 2015 (NSW), Sch1, Part 10(1) - copies of administrative fund, the capital works fund and any other fund of the owners corporation (term deposits and trust accounts, and others as applicable), which had to be produced to Lot 158 at least two days before the meeting at which the statements should be presented (EGM on 30 November 2023). The same ignorance by Waratah Strata Management happened at AGM on 26 October 2023.
Auditor's report was still outstanding for 2023, on 13 December 2023 it was 48 days late (after the compulsory presentation at AGM 2023). Economos again completed their audit in non-compliance with regulations for AGM 2023 46 days late after due date on 11 December 2023 but Waratah Strata Management published it on their website 49 days after AGM 2023.
Solicitor Adrian Mueller stated the following on 25 January 2021 (sign-off date of his three-and-half page response to Lot 158 and NCAT in case SC 20/33352 was 18 January 2021 while hidden metadata (forensic investigation), contained real date of the document – 14 December 2020), confirming legal obligation of owners corporation to make all decisions related to strata and building management at general meetings:
SP52948-brief-log-of-events-related-to-contracts-for-strata-and-building-managers-public-version
Minutes of the AGM held on 26 November 2014 approved Uniqueco Property Services engagement and BCS Strata Management contract renewals without proper tenders (Director Mr. Steve Carbone of Uniqueco Property Services was an Assistant Manager of incumbent Universal Strata Care):
The contract RS/RH 081394 increased costs to SP52948 by 8.78% (compared to FY 2014), and it was signed on 7 December 2014 by two committee members of which one of them - Mr. Moses Levitt of Lot 147 was unfinancial due to unpaid levies since 2001):
The new contract was awarded to a member of the staff of the Universal Strata Care (Mr. Steve Carbone), who had full knowledge of the expenses charged by his employer. In essence, it was insider-bidding. Since May 2014, by new caretaker’s own admission, BCS Strata Management had been aware of the intent by him to tender against his employer and made no effort to run independent tendering that includes companies not involved in the management of the complex:
Uniqueco-Pty-Ltd-business-registration-7May2014.pdf
Secret email from Chairperson Mr. Bruce Copland to Universal Strata Care Directors on 7 December 2014, expressing sorrow that they had lost the contract with SP52948:
The fact that Mr. Steve Carbone was an employee of Universal Strata Care when he "won" the building management contract from them whilst performing poorly, is nicely summarised by warnings about fire safety issues that City of Ryde Council sent to BCS Strata Management on 15 December 2014:
As of November 2023, Uniqueco Property Services (together with Waratah Strata Management) continue to be non-compliant with fire and OH&S regulations:
SP52948-continuous-delays-with-fire-and-OHS-problems.html
Examples of reports from 2018 and 2021 - many of those issues are still unresolved:
Building-Manager-ongoing-issues-including-fire-and-health-safety-security-maintenance-25Aug2018.pdf
SP52948-some-of-long-term-OHS-and-fire-safety-risks-and-maintenance-status-1Oct2021
Contract with Uniqueco Property Services was renewed without tender at general meeting on 24 October 2017 and signed by two unfinancial committee members - Mr. Moses Levitt and Mr. Stan Pogorelsky of Lot 147 and 181 due to unpaid levies since 2001 and 1999 respectively, increasing the contract value by 4% per year.
Waratah Strata Management and committee members prevented Complete Building Management Group quote for building management and caretaking services at AGM 2017:
Contract with Uniqueco Property Services was renewed without tender at general meeting on 22 October 2020:
SP52948-Uniqueco-Property-Services-tender-2020
The following tenders were disallowed for competing for strata and building management contracts at AGM 2020 without valid reasons.
Three very competitive quotes for building management contract:
Curtis Strata Cleaning
Forte Asset Services
Clean and Secure Building Management
All three of them offered two options for security services with licensed staff:
Patrols two times a night in around 30 minute duration each time,
Full 10-hour a night onsite security.
The reason for option with patrols:
All fire doors in the basement in the complex now have alarms,
New CCTV system.
Very competitive quote from Jim's Mowing franchise for gardening.
Three very competitive quotes for the strata management contract:
Strata Excellence
Strata Title Management
Netstrata
SP52948 was so disfynctional that none of nine committee members dared to sign contract renewal with Uniqueco Property Services, so the only signature on the contract dated 1 February 2021 (which was hidden from owners until Lot 158 obtained a copy on 13 February 2024) was from strata manager Mr. Robert Crosbie (Waratah Strata Management) whose own contract was illegal and void since AGM in 2016:
One can ask committee members (especially those who were unfinancial to vote and be elected as committee members: Mr. Stan Pogorelsky, Mr. Moses Levitt, and Mrs. Lorna Zelenzuk), Waratah Strata Management, and Solicitor Adrian Mueller about their reasons to prevent these Motions at general meetings which include evidence of extreme misconduct and mismanagement by Uniqueco Property Services:
SP52948-Motions-by-Lot-158-AGM-2022
Uniqueco Property Services (Mr. Steve Carbone and Mrs. Sandra Carbone) stayed silent when approached to provide responses for the following issues:
SP52948-Lot-158-unresolved-common-property-issues-Oct2023
SP52948-AGM-2023-dubious-invoices-24Oct2023
SP52948-AGM-2023-misconducts-and-risks-24Oct2023
Some of the issues with Uniqueco Property Services:
Uniqueco Property Services failure to comply with mandatory Code of Conduct for the Short-term Rental Accommodation Industry (Code).
Uniqueco Property Services failure to comply with mandatory City of Ryde fire orders since 2020.
There are seven Police Events for staff of Uniqueco Property Services committing stalking, harassment, and threats in SP52948. Even Police was declined access to CCTV and some of the video evidence was deliberately deleted.
Uniqueco Property Services stopped doing number of activities that their predecessor undertook as part of standard services:
Touch-up painting of smaller areas within the complex
Cleaning exhaust vents in bathrooms and laundries
Mowing Ryde Council unnamed park Lot 202 DP848752, 440 Lane Cove Road, classified as Public Recreation Space. This started happening in 2019 after Uniqueco Property Services and Waratah Strata management were prevented by Lot 158 to allow selective owners to park illegally (Ryde Council Reference 2158948).
On most work days, there is nobody on site between hours of 14:00 to 14:30 and 18:30 to 19:00.
On weekends, there is nobody on site between hours of 04:00 to 08:30 (or often even 09:00) and 15:00 to 28:30 (or often even 19:00).
Cleaning of foyers in four buildings is only done two-three times a week.
Other problems:
Uniqueco Property Services staff abusing parking regulations in the complex (parking in private garages or non-parking areas of common property whilst designated parking slot near tennis courts was empty).
No evidence of Police checks for building manager’s staff, and licenses for security guards working for Uniqueco Property Services.
Unaccounted $92,950.00 for major upgrades for 26 townhouses without any work being done since 2017.
Since October 2023, Uniqueco Property Services failed to justify FY 2023 invoices and expenses for maintenance in amount of $122,843.87 (GST excl).
Unaccounted common property that disappeared or was stolen (one example: timber for half of fence behind townhouses).
Changing common property without owners corporation approval (examples: removed wooden railings behind townhouses, six fire door push bars in basement in 2019, adding private gate on colorbond fence for Lot 151 (Mrs. Maureen McDonald) in 2022, down lights in foyers of Block B and D in 2023).
Uniqueco Property Services failed to respond to question if they are claiming benefits for employing staff with disabilities: Employment Assistance Fund, Disabled Australian Apprentice Wage Support (DNAWS), Payroll Tax Exemptions (NSW only), Wage Subsidies, whilst building manager's income grew well above the inflation rates.
Ongoing long-term problems with maintenance (especially fire and OH&S).
And much more.
In agenda for AGM 2023, Chairperson Mr. John Gore mislead owners by providing false and inaccurate information, in attempt to renew three-year contract with Uniqueco property Services without tender:
In spite of 92 owners being presented at the meeting (only 15 in person of which 9 were FY 2023 committee members, 5 others were ordinary owners, and all others were proxy votes), Lot 158 decisively prevented renewal of the contract with Uniqueco Management Services due to illegal process.
Chairperson Mr. John Gore continued to mislead owners in preparation for EGM on 30 November 2023, with fabricated information about inflation rates (at AGM 2023 he could not answer when directly asked to justify his figures), whilst hiding facts from owners about excessive negative balances in Admin Fund:
SP52948-negative-trends-with-Admin-Fund-under-Waratah-Strata-Management
To raise further concerns, SP52948 extract from minutes of EC meeting on 23 September 2021 documents shortage of $1,515,541.00 in Capital Works Fund against the forecast in April 2017 that was approved without general meeting:
Chairperson John Gore second misleading statements in attempt to renew contract with Uniqueco Property Services with 27% increase in first year, whilst secretly preparing to sell his property and run away from complex:
Waratah Strata Management failed to publish information that committee Chairperson (SP52948 Lot 200, Mr. John Gore) put their property for sale on 26 October 2023 - on day of general meeting, had six proxy votes for the meeting, got elected on the committee, voted to increase levies by 7.91% for other others whilst they did not intend to pay for them. Domain website claimed that Lot 200 sale was known to them since 24 October 2023 (two days before the AGM). Lot 158 collected such evidence.
Six proxy votes were given for Lot 200 at AGM 2023 without disclosure to owners that Mr. John Gore was leaving the complex as a matter of secret urgency.
Lot 200 is a townhouse and it was sold prior to auction at price of $1,670,000.00 on 4 November 2023.
Waratah Strata Management declined to respond to inquiries why this false candidacy for committee membership was allowed.
Building Management Australia submitted their quote for building management tender to Mr. John Gore on 3 November 2023, whilst Mr. Gore was already not legal to represent SP52948 due to property sale. Lot 158 approached Director of Building Management Australia as their is serious suspicion that their quote was deliberately made look bad.
On 10 November 2023, Lot 158 sent email to eight committee members and Waratah Strata Management. The subject line of the email was "SUMMARY Incomplete agenda for EGM 2023 on 30Nov2023 with extreme risk of bankruptcy".
Extract from the email:
"Negative balance (deficit) in Admin Fund on the last day of the quarter (31 October 2023) was record -$312,113.03.
Even after collection of new levies on 1 November 2023, negative balance in Admin Fund on 9 November 2023 was already deep into negative: -$122,658.53. And there will be no new income (only mounting expenses) until next collection of levies almost three months away on 1 February 2024.
Attachments SP52948-Income-and-Expenditure-Report-1Sep2023-to-31Oct2023.pdf and SP52948-Income-and-Expenditure-Report-1Sep2023-to-9Nov2023.pdf.
Where will the money come from for all standard expenses in next three months and throughout FY 2024?
Alleged building management tender is incomplete, and recommendation to increase Uniqueco Property Services contract by 26.68% over next three years is excessive, not based on real value and quality of their services.
Real costs to owners already increased for Uniqueco Property Services too much in the past, whilst their services decreased and became poorer."
On 13 November 2023, Waratah Strata Management and eight committee members received this email highlighting facts about already too high building management costs:
SP52948-request-to-Waratah-Strata-Management-to-provide-financial-documents-for-EGM-2023-13Nov2023
On 30 November 2023, owners allegedly approved contract renewal with Uniqueco Property Services, at EGM 2023 which failed to comply with regulations and laws:
... whilst negative balance in Admin Fund reached $126,629.39:
At committee meeting on 22 February 2024, it was uncovered that strata agency kept falsified financial data since November 2023 and that one monthly salary was missing as of late February 2024, along with other payments, like gas usage for the complex:
Lot 158 submitted Motions for AGM 2024:
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 Co mmissioner Natasha Mann)), and committee members on 5 November 2024:
Lot 158 submitted concerns and amendments for AGM 2024 to Waratah Strata Management, Uniqueco Property Services, NSW Fair Trading case 11317277 (escalation to NSW Fair Trad ing Commissioner Natasha Mann), and committee members on 15 November 2024:
On 13 April 2025, the following concerns were sent to Waratah Strata Management, Uniqueco Property Services, and committee members. Their responses did not provide any reasonable answers, raising questions about security and transparency:
Two owners from Lot 158 are direct witnesses of the following events whilst playing tennis this morning:
1) At around 08:40 hours, handyman Warwick drove into our complex and parked in front of the garbage room.
2) Soon afterwards, he collected some items from his van and entered the complex through the main entrance gate. There was no evidence that he was escorted by any tenant or owner, or that somebody opened it for him.
3) The entrance gate was closed at all times, so the question is if he had permanent access to the complex without owners' knowledge.
4) At around 09:10 hours, Mr. Warwick exited the complex through the main entrance gate (again, it was kept closed at all times), went to his van and then re-entered the complex. There was no evidence that he was escorted by any tenant or owner, or that somebody opened it for him.
5) At around 09:17 hours, Lot 158 walked around tennis courts, took photos of the empty carpark slot for the building manager's staff and Mr. Warwick's van as evidence.
6) Building manager staff were not seen working or going around the complex until around 09:29 hours, when Lot 158 visited the building manager's office in Block A and found the room initially empty but then soon afterwards a young staff member of Uniqueco Property Services arrived with collection of daily papers for owners.
He was asked to create the incident report as he himself also did not know why Mr. Warwick was on site.
Request for information and answers to be shared with all owners and tenants:
a) Who approved Mr. Warwick's visit to the site on Sunday, when all work in the complex is strictly forbidden? If this was an emergency work, there should have been a notice about it and Mr. Warwick would have arrived at the time when building manager's staff were onsite.
b) Does Mr. Warwick have permanent access to the complex without approval of the owners corporation and if he does, at which committee or general meeting such decision was made?
c) What was Mr. Warwick doing in the complex today?
d) CCTV recordings of his whereabouts must be preserved for whole period of his visit to the site today and a review conducted before presentation of information to all owners.
e) Does Mr. Warwick have a Police check (that questions has also not been answered for all Uniqueco Property Services staff yet!)?
f) How many other non-residents or owners have permanent access to any part of the complex (excluding Uniqueco Property Services staff)?
As a reminder, strata managers, building managers, and committee members refused to respond to these concerns in the past:
REQUEST FOR SECURITY AUDIT Garage Door Access Pass for Costa Akanis and other visitors on 22 February 2013
REQUEST FOR SECURITY AUDIT Garage Door Access Pass for Costa Akanis and other visitors on 3 November 2014
REQUEST FOR SECURITY AUDIT Garage Door Access Pass for Costa Akanis and other visitors on 31 March 2015At third directions Hearing on 11 April 2025, SP52948 was not represented by any person and only Mr. Stan Pogorelsky attended for his non-compliance with issue of summonses.
The Tribunal member, who was accompanied by an unknown female witness, at the beginning of the session, asked Mr. Pogorelsky who was representing SP52948, and Mr. Pogorelsky stated that they (presumably committee members and Waratah Strata Management) felt they were not required to attend.
The Tribunal member failed to establish the fact that Mr. Pogorelsky, as a current committee member unless he recently resigned without public announcement, was legal representative for SP52948.
The Tribunal member did not establish the fact that Mr. Pogorelsky, as a committee member of SP52948, is considered a legal representative of the OC, acting on behalf of all owners.
Only Mr. Stan Pogorelsky attended this Directions Hearing, for his non-compliance with issue of summonses.
The summonses were issued by the NCAT Registrar on 7 March 2025, which, in spite of all efforts, Waratah Strata Management and committee members refused to publish or share with owners.
Once Mr. Pogorelsky failed to comply with the order, summonses and order for Directions Hearing were issued by the NCAT Registrar on 28 March 2025, which, in spite of all efforts, Waratah Strata Management and committee members refused to publish or share with owners.
After prolonged sessions, Mr. Stan Pogorelsky admitted not providing any of requested documents because "he did not have them" (including his own levy invoices), which was accepted by the Tribunal. In other words, he did not have to comply with the summonses:
After confirming that Mr. Pogorelsky did not provide any of the requested documents in summonses, the Tribunal member asked him if he had such documents, and Mr. Pogorelsky replied in the negative.
Mr. Stan Pogorelsky admitted not providing any of requested documents because "he did not have them" (including his own levy invoices) and was not responsible to have them, which was accepted by the Tribunal, in spite of clear knowledge in his "Witness Statement" dated 20 March 2025:
3. I am authorised by the owners corporation to make this statement on its behalf.
4. I made this statement from my own knowledge and belief, save where otherwise stated.His witness statement was then accompanied by Attachments 1 to 39. A logical question is then how he obtained those strata files, but could not do it for any of the files in summonses? And since he provided and literally affirmed those Attachments, is not his excuse (which is difficult to accept by any reasonable person) further proof of his negligence and dysfunctional operation of SP52948.
When it was suggested to the Tribunal to document Mr. Pogorelsky's statement about not having any of the documents, Tribunal allowed Mr. Pogorelsky to prevent NCAT to publish such information.
