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| From: | SP52948 owner |
|---|---|
| To: | Steve Carbone Uniqueco Property Services |
| Subject: | Re: open gates towards City Council area 7May2015 |
| Date: | 7/6/15, 9:04 pm |
Hello Steve,
I have asked City of Ryde Council for confirmation when they approved public land for our private usage for alleged carpark space.
Last year, I forced Strata Manager and EC to spend significant money on fixing OH&S issues as I have no intention to be liable for any accident due to poor maintenance. As always, the EC hid it from owners but could not delay the repairs because their personal risk was too high.
Some years ago, an older couple from level 3 in Block A wanted to sue Bob and Ruth for falling down on uneven surface in the basement! We do not need such cases.
I am monitoring the status of the complex because it affects the value of my property (and many other silent and quiet people) and also the future maintenance costs. When proper maintenance is delayed or ignored for too long, the outcome is the high expense later on.
I am sure you understand it.
Here is what I wrote to Ryde Council two weeks ago...
BEGIN QUOTE
Back in October 2014 I complained about serious Fire Safety issues in the complex at Macquarie Park. Since then, strata manager (Raine & Horne Strata Sydney BCS) and the Executive Committee silently spent over $25,000.00 on fixing the problems. That is good for everybody's sake. I also note that your representative visited the buildings recently.
There are number of other OH&S issues in the complex, but that is another story.
I have two more problems to report that concern me and other owners:
a) As of April 2015, the gate between M2 land strip and the complex was opened under alleged wish to help owners obtain access to extra car spaces.
In 2011, without any consultation with owners corporation or real needs, strata manager and the EC attempted to purchase the land between our complex and M2 motorway.
The response from your Council was correct (see attachment).
All of a sudden, the gate between the complex and that strip of land is kept opened 24 hours day.
At this stage, this decision was solely made by one member of the EC and Caretaker Mr. Steve Carbone, without any consultation with owners corporation. There are so many more important issues in the complex...
See photos:
http://www.nswstratasleuth.info/Macquarie-Gardens-photos/gallery/index.php?/category/12
Nobody in the complex is even aware of this car park.
And here are the concerns:
1. Did City of Ryde approve such usage of public land to SP52948 at Fontenoy Road recently?
2. Because there is only one gate (wide enough for a single car only) means of ingress and egress and means of movement provided or to be provided within this "car park" are certainly not satisfactory without additional costs (our complex has some huge projects PENDING to resolve roof leakage problems, elevator upgrades and building painting and we do not have enough money for them).
In case of accidents, who will be guilty? Will Ryde Council take responsibility for issues on public property?
3. This gate is currently not monitored or managed at any time. There are no security cameras, and the "backdoor" increases risk of intruder attacks.
The lighting in the evening is insufficient (as my photos show).
4. Since there is already plenty of free space to park cars along the Fonteny Road, why would owners abuse public property for little benefit.
5. Internal design of parking facilities and system of traffic management are satisfactory within the complex. Owners bought their properties with clear understanding how many car spaces they get in their own garages.
6. The strip of land for proposed "car park" does not have adequate provision for the management of storm water and the minimization of stormwater pollution.
7. Who and how will manage the maximum number of cars to be accommodated in this public space?
8. The complex has more than 26,000 square meters of land and there are other possibilities to add extra car spaces if deemed so necessary.
9. Parking cars in public land in the strip between M2 and the complex diminishes privacy of owners in the buildings because they would be exposed to additional unrestricted viewing. None of the owners would like it.
10. There is nothing to stop any other driver to drive through the complex and use this property.
b) In March 2015 and May 2015, large branches fell on public land in Fontenoy Road:
http://www.nswstratasleuth.info/Macquarie-Gardens-photos/gallery/index.php?/category/9
http://www.nswstratasleuth.info/Macquarie-Gardens-photos/gallery/index.php?/category/13
In both cases, pedestrians and cars pass along this road all the time. It is a miracle that nobody got injured.
My question: who will be guilty if somebody gets hurt or even more serious incident happens. Number of trees in the complex require good pruning or replacement, but the actions are slow.
In the 2004 case of BCS Strata Management vs Robinson (another strata complex), the strata manager attempted to defend their actions by claiming protection under indemnity. The facts of the case are as follows:
Mrs. Robinson had injured herself in a lift,
The floor of the lift did not settle level with the floor of the building. It dropped down some 18cm,
When Mrs. Robinson stepped into the lift, she fell and injured her leg,
Mrs. Robinson sued the Owners Corporation and BCS Strata Management, M
rs. Robinson won her case in the lower court and it was appealed in the Supreme Court,
Mrs. Robinson claimed that the Owners Corporation and the Strata Manager had breached their duty under section 62 of the Strata Schemes Management Act 1996,
The Owners Corporation and BCS cross claimed against each other. One of the claims by BCS was that they were indemnified under their managing agent’s agreement.
http://www.nswstratasleuth.info/BCS-Strata-Management-v-Robinson-NSW-Court-of-Appeal-2004.pdf
Isn't prevention best option?
END QUOTE
On 19/10/14 10:20, SP52948 owner wrote to City of Ryde Council:
To Whom It May Concern,
Thank you in advance for reviewing my inquiry.
Request
As required by legislation, Strata Plan 52948 lodged the annual fire safety statement and maintenance certificate on 31 March 2014.
The problem is that many issues are not rectified in a timely manner. So, my question to the Council, as a long-term owner in the complex and taxpayer is simple:
If, heavens forbid, a bad event happens in the complex and somebody gets injured or killed due to lack of proper Work Safety and OH & S implementations, would City of Ryde Council be held responsible or the owners corporation?
If the answer is owners corporation (which is reasonable), then should not City of Ryde investigate my claims and help owners force the Strata Manager (currently BCS - previously known by name Raine & Horne Strata Sydney) and the Executive Committee to take
History of the Issues
This is the third year now that almost identical issues come up in Fire Safety reports.
Apart from getting quotes from suppliers, full action was never followed up (only some of the issues are dealt with).
In addition, the yearly reports for all owners about OH & S and Work Safety are never presented to owners corporation at the General Meetings.
Under the Work Health and Safety Act 2011, the maximum fines for non-compliance are severe and exhaustive. There are certain penalties that range up to $3 million for owners corporation found guilty, $600,000 for individuals such as committee members/owners or in some instances jail terms.
Whilst these are the maximum fines under the proposed laws, the non compliance by owners corporation of even the simplest issue may result in fines and/or claims against it.
Personally, I am not prepared to be accountable for errors that the Strata Manager and the Executive Committee make when they chose to ignore the vital legislations.
And before City of Ryde Council asks me to raise these issues at the meetings, I already have (seven times in last two years). I tried to deal with it (and many other issues at Department of Fair Trading and the Executive Committee and the Strata Manager refused to attend mediation three times! CTTT was useless too (3,000 pages of evidence was not even read and the Strata Manager, as a final step of desperation, provided misleading and misconstrued statements in the Statutory Declaration). But, these issues are not the City of Ryde Council problems, that is for me to deal with.
City of Ryde Council, however, can help in regards to AFSS.
I even tried to enforce Fire Safety issues through Motion at the AGM 2013 (resubmitted for the AGM 2014 soon), which was rejected due to dormant proxy votes held by the members of the Executive Committee:
The Owners Corporation SP52948 by SPECIAL RESOLUTION pursuant to Section 47 of the Strata Schemes Management Act 1996, make an additional By-Law in the following terms:
*SPECIAL BY-LAW: “Occupational Health and Safety Risk Assessment”
1. To comply with the Work Health Safety (WHS) Laws that commenced on 1 January 2012 and accompanied by the Model Work Health and Safety Regulations (MWHSR), the owners corporation shall conduct professional OH&S Risk Assessment before each and every annual general meeting;
2. The OH&S Risk Assessment results shall be included in the agenda for every annual general meeting.
Regards,