Investigative Journalism and Learning Hub - SP52948 Secretary Mariann Paltikian repetitive refusal to respond to complaints on 25 March 2020

• Duties of Secretary: http://classic.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s43.html
  

• Some of many examples of emails read by Secretary of the EC without responding or taking action (atttachments enclosed herewith):

        20170317-Read_ SUMMARY SP52948 Still Undisclosed Special-By-Law for Lot 3 and Photos of the Complex on 17Mar2017-9710.pdf
        20170403-Read_ Re_ FW_ CHU Insurance claim and defamation of Lot 158 - status on 1Apr2017-9786.pdf
        20170613-Read_ Re_ Insurance repayment to CHU Insurance-10061.pdf
        20170802-Read_ SUMMARY_ SP52948 EC failed to organise Extraordinary General Meeting and other issues on 1Aug2017-10405.pdf
        20170825-Read_ SUMMARY_ AGMs and EGMs in 2012 and 2013 have problems with quorums-10487.pdf
        20171006-Read_ SUMMARY_ Latest Motions from Lot 158 and Building Manager maintenance issues on 5Oct2017-10689-1.pdf
        20171006-Read_ SUMMARY_ Latest Motions from Lot 158 and Building Manager maintenance issues on 5Oct2017-10689.pdf
        20190513-Read_ FINAL REQUEST FOR OFFICIAL RESPONSE AND ACTION_ SP52948 Replacement of obsolete smoke detectors in Lot 158-23278.pdf
        20190513-Read_ FINAL WARNING FOR IMMEDIATE ACTION_ SP52948 providing illegal smoking facility behind fire door 2 in Block A on 9May2019-23279.pdf
        20190513-Read_ FOR CONSIDERATION AND OFFICIAL RESPONSE_ Elevator in Block A on 9 May 2019-23280-1.pdf
        20190513-Read_ FOR CONSIDERATION AND OFFICIAL RESPONSE_ Elevator in Block A on 9 May 2019-23280.pdf
        20190513-Read_ REQUEST FOR OFFICIAL RESPONSE_ Contact details of SP52948 auditor for FY 2017 and 2018-23276.pdf
        20190513-Read_ Re_ SP52948 document search on 31May2019-23277.pdf
        20190528-Read_ SUMMARY_ SP52948 document search with partial listing of files requested on 31May2019-23465.pdf
        20190611-Read_ SP52948 Lot 158 temporarily withdraws offer for providing USB and strata files to Waratah Strata Management on 31May2019-23670.pdf

• Mrs. Mariann Paltikian was to follow up on owners who did not pay for second gas connection on 16 June 2017. Attachment:
  

        SP52948-Marianna-Paltikian-follow-up-on-units-not-paying-for-gas-connections-16Jun2017.webp

-------- Forwarded Message --------

Subject:	FOR OFFICIAL RECORDS: Misleading and misconstrued strata files including serious problems with Auditor's reports and expired contract with strata agency due to non-compliant AGM 2019 - 19Mar2020
Date:	Thu, 19 Mar 2020 11:02:39 +1100
From:	SP52948 owner
To:	Frank Tallaridi Waratah Strata Management, Robert Crosbie Waratah Strata Management

Bcc-ed to Fair Trading NSW

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

• A few attached screenshots of Waratah Strata Management website for owners in SP52948 dated 4 and 12 October 2019 clearly prove that many documents are missing and owners are UNINFORMED.
• Lot 158 now has irrefutable evidence that AGM 2017, 2018, and 2019 were not conducted as per strata laws and could not be considered valid.
• All meetings in 2019 and 2020 so far have failed to satisfy the current Interpretation Act 1987 and SSMA 2015.
• Auditor's reports for FY 2017 has never been found in spite of repeated requests, event through lawyers.
• Auditor's report for FY2018 has some serious problems (read below).
• Even a layman can find the discrepancies in allegedly audited data form FY 2018 and 2019 (attachment "SP52948-differences-for-income-and-expenditure-FY2018-audited-figures-provided-by-Waratah-Strata-Management-for-AGM-2018-and-FY2019.pdf"). Economos (current SP52948 auditing company) was approached several times to comment about it - no reply from them.
• At AGM 2019, it was admitted that betwen 10,000.00 and $20,000.00 was owed by selective owners and some EC members for overdue levies for second gas connection. In spite of that, Waratah Strata Management allowed them to vote, allowed Motin 14 to be voted before Motion 4 (allowing unfinancial owners Lot 147 Mr. Moses Levitt and 181 Mr. Stan Pogorelsky yet again to be elected on the committee) and declined to report it in the minutes of the meeting.
  
• Contract with Waratah Strata Management expired on 1 March 2020, and, based on the fact that AGM 2019 was not legally valid, it now creates huge legal problems for SP52948.
  

It is kindly requested this and other Lot 158 submissions be shared with all owners immediately. Waratah Strata Management repeatedly stated (evidence of it exists) that Australia is a democratic country and this would a nice proof to back it up.

a) Screenshots of Waratah Strata Management website for owners in SP52948 dated 4 and 12 October 2019 list only two files in June 2019:

Levy Notice       17 June 2019
MINUTE BOOK    27 June 2019

b) Screenshots of Waratah Strata Management website for owners in SP52948 dated 8 and 19 March 2020 list 74  "new" files allegedly published on 18 June 2019, that did not exist in previous periods. The date 18 June 2019 cannot be valid.

Lot 158 obtained full copies of these 74 documents: they are notices or minutes of what appears random selection of meetings in year 2000, 2001, 2011, 2012, 2013, and 2014, and 2019. So, if those meetings showed up suddenly where they come from and why are not ALL other strata documents and meetings displayed on the website.

c) For the last eight years, owners are prevented from having information that insurance does not cover number of faults in the complex (attachment "SP52948-insurance-excesses-hidden-from-owners-since-2012.webp").
One of the major exclusions due to neglect and ongoing repairs without warranties, is:

$10,000.00 excess for water damage/burst pipe/exploratory cost for each and every claim.

Extract from agenda for AGM 2018 and AGM 2019 sent to owners hid information about insurance excesses.

We tried to warn Waratah Strata Management to inform owners (attachment "REQUEST FOR PROPER AND OVERDUE MAINTENANCE Roof membrane and water leaks in Block A in Jan2019.pdf" is one example), but they refused to amend the Minutes of AGM 2018 or update Motions and Minutes for AGM 2019.

Screenshots taken on 3 October 2019 show only one document related to insurance policy (dated 24 September 2019). It was a document that contained no details of the excesses.

Screenshots taken on 12 October 2019 still show only one document related to insurance policy (dated 24 September 2019). It was a document that contained no details of the excesses.

Screenshots taken on 17 October 2019 shows two documents related to SP52948 insurance policy (dated 24 September 2019 and 9 October 2019). The document dated 9 October 2019 was not listed on website even three days after its alleged publishing on 12 October 2019.

d)  Screenshots of all documented meetings in the designated folder on Waratah Strata Management website list the first meeting as being:

EC meeting 16 March 2017

then all other EC meetings in 2017, and ending with AGM on 24 October 2017

No other meetings throughout 2018, 2019, and 2020 are listed.

For all those meetings Frank Tallaridi was listed as strata manager, which is misconstrued, misleading, and not factual.

Email from Mr. Frank Tallaridi proves it (attachment "SP52948-email-from-Frank-Tallaridi-confirming-he-took-over-portfolio-from-Simon-Wicks-eight-week-searlier-25May2019.webp").

e) Many times Lot 158 request access to strata files, including Auditor's report for FY2017. Waratah Strata Management never responded:

20190510-REQUEST FOR OFFICIAL RESPONSE_ Contact details of SP52948 auditor for FY 2017 and 2018-23257.pdf

Here is evidence that strata manager Frank Tallaridi read the request but did not respond:

20190511-Read_ REQUEST FOR OFFICIAL RESPONSE_ Contact details of SP52948 auditor for FY 2017 and 2018-23264-1.html

Alleged Secretary of the EC (Mrs. Marianna Paltikian) read the request, but did not respond:

20190513-Read_ REQUEST FOR OFFICIAL RESPONSE_ Contact details of SP52948 auditor for FY 2017 and 2018-23276.html

Alleged Auditor's report published on Waratah Strata Management website on 31 August 2018 cannot be considered to have valid date BECAUSE the PDF file contain auditor's signed statement dated 18 October 2018 (the SAME DATE as the Annual general Meeting), which would make the report dated 31 August 2018 to achieve "travel to the future". Amazing scientific achievement.

SP52948-audit-report-for-FY-2018-published-on-waratah-website-on-31Aug2018.pdf

As per Clause 21 of the Strata Schemes Management Regulations 2016 that the accounts and financial statements of the owners corporation with budget above $250,000.00 must be audited before presentation at AGM in accordance with Section 95 of the Strata Schemes Management Act 2015.

Thank you and regards,