Since Annual General Meeting 2017 Waratah Strata Management not only prevented proper financial reporting for SP52948, but was also heavily involved in financial mismanagent:
Lot 158 finally starting to achieve results: NSW Fair Trading letter on 17 October 2023, confirming that Waratah Strata Management failed to comply with regulations for Auditor's reports (and this is just the beginning of troubles for this strata agency):
Nine committee members were asked to inform all owners about NSW Fair Trading update on 18 October 2023 and they did not respond.
On 19 October 2023, Director of Uniqueco Property Services was given one-page document to put on or near six notice boards:
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...
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:
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):
Analysis of Federal Court data in 2022 found 10 per cent of all forced bankruptcies across Australia are from strata levy debts. A state breakdown of the problem shows it is much higher in the Australian Capital Territory and New South Wales, and it is a growing problem in some other states:
SP52948-effects-of-Waratah-Strata-Management-on-Balance-Sheet-from-31Jan2017-to-1May2024
In one of many examples of Lot 158 efforts, on 5 October 2015 Lot 158 tried to reason with BCS Strata Management (they lost contract with SP52948 at AGM in 2016) to avoid massive and persistent mismanagement of common funds and pending large expenses due to neglect of complex.
Lot 158 was ridiculed and completely ignored.
At committee meeting on 22 February 2024, Waratah Strata Management was forced to admit they "accidentally" falsified financials since November 2023, with one monthly salary for Uniqueco Property Services and gas usage payments missing in total amount of around $30,000.00:
SP52948-accounting-differences-for-status-on-30Nov2023-found-on-Waratah-Strata-Management-website-27Feb2024
SP52948-accounting-differences-for-status-on-31Dec2023-found-on-Waratah-Strata-Management-website-27Feb2024
SP52948-accounting-differences-for-status-on-31Jan2024-found-on-Waratah-Strata-Management-website-27Feb2024
SP52948-accounting-differences-for-status-for-late-Feb2024-found-on-Waratah-Strata-Management-website-27Feb2024
Lot 158 tried to reason with Waratah Strata Management and committee members to avoid bankruptcy and unnecessary legal costs and insurance risks on 2 June 2019.
Lot 158 tried to reason with Waratah Strata Management and committee members to prevent unnecessary legal costs and assist NSW Fair Trading and Police on 18 June 2019.
Lot 158 was ridiculed and completely ignored.
Lot 158 predicted risks of running out of money in email and warning to Waratah Strata Management, Uniqueco Property Services, and committee members on 29 June 2019.
Lot 158 was ridiculed and completely ignored.
Seven more warnings were sent to Waratah Strata Management and committee members in 2023 - no reply was ever received:
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws on 8 June 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 2 on 19 June 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 3 on 19 July 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 4 on 18 August 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 5 on 12 September 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 6 on 13 September 2023
Waratah Strata Management warned about SP52948 insurance risks, safety, financial health (bankruptcy risk), and non-compliance with laws - part 7 on 26 September 2023
In agenda for Annual General Meeting 2023, Waratah Strata Management continued to mislead owners, confirming problems with strata funds without disclosing any balance sheets from funds, ongoing problems with fire safety, and providing completely false and fabricated figure of 18% inflation rate over three last years:
Even layman can easily confirm that figure for official inflation rates of 18% for three years prior to 2023 were grossly inflated, false, and deliberately designed to coerce owners:
Australian historical inflation rates at WorldData
Australian historical inflation rates at MacroTrends
Waratah Strata Management disallowed Lot 158 Motions for AGM 2023, to prevent proper management of the complex
... whilst sending this agenda to owners (full of errors and misleading statements)
Waratah Strata Management received updated Lot 158 Motions for AGM 2023 and failed to respond to request to postpone the general meeting due to lack of information for owners and non-compliance with strata laws
On 29 April 2021, for the first and only time, Waratah Strata Management shyly admitted negative balance in Admin Fund, without providing any details, and claiming that it was a temporary problem:
Owners were not informed about three quarters in FY 2021 with negative balance in Admin Fund:
SP52948 Balance Status on 31 January 2021, Admin Fund negative balance of $18,794.90
SP52948 Balance Status on 30 April 2021, Admin Fund negative balance of $25,254.77
SP52948 Balance Status on 31 July 2021, Admin Fund negative balance of $22,323.34
In FY 2024 (financial year starting on 1 September 2023), SP52948 Admin Fund reached negative balance (deficit) of -$239,193.82 on 11 October 2023:
Not only this negative balance is shockingly bad for owners and investors, but created further high risks because SP52948 insurance premium due on 21 September 2023 was allegedly still not renewed as of 11 October 2023 (20 days after the due date):
SP52948-expired-insurance-on-21Sep2023-not-renewed-as-of-11Oct2023
In FY 2024 (financial year starting on 1 September 2023), SP52948 Admin Fund reached negative balance (balance) of -$307,580.90 on 26 October 2023 - day of Annual General Meeting, and Waratah Strata Management prevented owners from having such information:
In FY 2024 (financial year starting on 1 September 2023), SP52948 Admin Fund reached record negative balance (deficit) of -$312,113.03 on 31 October 2023:
In FY 2024 (financial year starting on 1 September 2023), after new collection of levies was completed on 1 November 2023, SP52948 Admin Fund reached negative balance (deficit) of -$131,161.52 on 30 November 2023, day of Extraordinary General Meeting and Waratah Strata Management still did not pay monthly salary to Uniqueco Property Services. Next collection of levies was two months away on 1 February 2024. No significant income occurred in that period:
In FY 2023 (financial year starting on 1 September 2022), SP52948 Admin Fund reached record negative balance (deficit) of -$203,914.85 on 27 October 2022 - day of Annual General Meeting, without disclosure to owners:
Graph of serious negative balance in Admin Fund since 1 February 2017 when Waratah Strata Management took office to 1 May 2024 speaks for itself:
For first time in history of strata complex SP52948, thanks to Waratah Strata Management, Admin Fund had continuous negative balance two whole FY 2023 quarters (1 November 2022 to 31 January 2023, and then from 1 February 2023 to 30 April 2023):
For first time in history of strata complex SP52948, thanks to Waratah Strata Management, Admin Fund had almost continuous negative balance in third FY 2023 quarter (1 May 2023 to 31 July 2023):
Thanks to Waratah Strata Management, SP52948 Admin Fund had almost continuous negative balance in whole FY 2023 (1 September 2022 to 31 August 2023):
SP52948-effects-of-Waratah-Strata-Management-on-Balance-Sheet-from-1Sep2022-to-31Aug2023
Thanks to Waratah Strata Management, SP52948 Admin Fund had almost continuous negative balance in whole FY 2024 (1 September 2023 to 31 August 2024):
SP52948-effects-of-Waratah-Strata-Management-on-Balance-Sheet-from-31Jan2017-to-1May2024
Waratah Strata Management since 2017 failed to comply with SSMA 2015 and SSMR 2016 six times for Annual General Meetings and four times for Extraordinary General Meetings that followed AGMs, whilst in other two years the Auditor's Report at AGMs in SP52948 was highly questionable:
| Date of Signed Auditor's Report |
SP52948 Annual (AGM) or Extraordinary (EGM) General Meeting Date |
Owners received Auditor's Report? |
Auditor's Name/Company |
Auditor's Document |
| 20 October 2017 (published two and half years after due date without any financial details in late April 2020 but backdated on Waratah Strata Management website to 31 August 2017, Solicitor Adrian Mueller rejected strata files access to O’Brien Criminal & Civil Solicitors, including auditor's reports for 2017 and 2018, on 14 November 2019, claiming that they were "likely not available" and asking "what was the purpose pressing for the records to be produced") |
AGM 24 October 2017 (general meeting did not satisfy requirements for quorum and allowed unfinancial owners to vote and be elected as committee members;
Waratah Strata Management forged SP52948 FY 2017 Auditor Report date of issue;
Waratah Strata Management complied with secret plan by Solicitor Adrian Mueller to prevent
Lot 158 Motions at the general meeting;
Waratah Strata Management contract renewed without tender or disclosure of contract details,
and signed by two unfinancial committee members Mr. Stan Pogorelsky and Mr. Moses Levitt on same day as the general meeting - the same two illegal committee members voted and
signed Waratah Strata Management contract at general meeting in 2016 and secretly
increased base value from $21,800.00, as approved at the general meeting, to $23,110.00 without owners knowledge on 14 December 2016; Waratah Strata Management even carried seven proxy votes approving their own contract and undeclared base salary increase of 11.5% at AGM 2017;
Waratah Strata Management prevented access to many SP52948 strata documents on 31 May 2019 and Auditor Report for FY 2017 was not found;
Waratah Strata Management prevented access to many SP52948 strata documents on 20 September 2019 and Auditor Report for FY 2017 was not found;
Waratah Strata Management and Solicitor Adrian Mueller prevented access to SP52948 strata documents on 14 November 2019 (letter sent to O'Brien Criminal & Civil Solicitors), including admission that Auditor Report for FY 2017 likely "was not available"; Waratah Strata Management and Solicitor Adrian Mueller ignored O'Brien Criminal & Civil Solicitors request to strata documents on 24 April 2020)
|
No |
Robert Bates (he retired in 2018 and passed away on 16 May 2022) |
SP52948-Audit-FY-ending-31Aug2017-appeared-after-two-and-half-years |
| 18 October 2018 (1 day after due date - but not published even as late as 29 May 2019, and Solicitor Adrian Mueller rejected strata files access to O’Brien Criminal & Civil Solicitors, including auditor's reports for 2017 and 2018, on 14 November 2019, claiming that they were "likely not available" and asking "what was the purpose pressing for the records to be produced") |
AGM 18 October 2018 (general meeting did not satisfy requirements for quorum and allowed unfinancial owners to vote and be elected as committee members;
Waratah Strata Management complied with plan by Solicitor Adrian Mueller to prevent
Lot 158 Motions at the general meeting;
Waratah Strata Management and Police failed to inform owners about massive data losses due to lost USB key for investigations in Police Event E65804633; while
Waratah Strata Management and Economos Auditor failed to respond to inquiries about dubious utility expenses and financial accounting data for FY 2018 with
unexplained differences for income and expenditure FY 2018 audited figures provided for AGM 2018 and AGM 2019:
Waratah Strata Management prevented access to many SP52948 strata documents on 31 May 2019 and Auditor Report for FY 2017 was not found;
Waratah Strata Management prevented access to many SP52948 strata documents on 20 September 2019 and Auditor Report for FY 2017 was not found;
Waratah Strata Management and Solicitor Adrian Mueller prevented access to SP52948 strata documents on 14 November 2019 (letter sent to O'Brien Criminal & Civil Solicitors), including admission that Auditor Report for FY 2017 likely "was not available"; Waratah Strata Management and Solicitor Adrian Mueller ignored O'Brien Criminal & Civil Solicitors request to strata documents on 24 April 2020)
|
No |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2018 |
| 20 September 2019 |
AGM 17 October 2019
(general meeting did not satisfy requirements for quorum
and allowed unfinancial owners to vote and be elected as committee members -
the fraud was so big that Waratah Strata Management even allowed Motion 14 to be voted before Motion 4,
allowing unfinancial owners Lot 147 Mr. Moses Levitt and Lot 181 Mr. Stan Pogorelsky yet again to be elected on the committee and declined to report it in the minutes of the meeting;
Waratah Strata Management complied with plan by Solicitor Adrian Mueller to prevent Lot 158 Motions at the general meeting;
Admin Fund had negative balance of $131,852.25
without disclosure to owners;
whilst Balance Sheet reported negative balance in Admin Fund of $131,852.25 and Income and Expenditure Report listed positive balance in Admin Fund of $49,386.78; Waratah Strata Management failed to provide full details of second massive data loss in two years,
which happened in February 2019 due to alleged ransomware attack, where Bitcoin ransom was paid by a third-party known to Waratah Strata Management to the threat actor in the equivalent amount of $5,052.03; Waratah Strata Management contract renewed without tender or disclosure of contract details,
and signed by two unfinancial committee members Mr. Stan Pogorelsky and Mr. Moses Levitt on same day as the general meeting;
Waratah Strata Management prevented access to many SP52948 strata documents on 31 May 2019 and Auditor Report for FY 2017 was not found;
Waratah Strata Management prevented access to many SP52948 strata documents on 20 September 2019 and Auditor Report for FY 2017 was not found;
Waratah Strata Management and Solicitor Adrian Mueller prevented access to SP52948 strata documents on 14 November 2019 (letter sent to O'Brien Criminal & Civil Solicitors), including admission that Auditor Report for FY 2017 likely "was not available"; Waratah Strata Management and Solicitor Adrian Mueller ignored O'Brien Criminal & Civil Solicitors request to strata documents on 24 April 2020)
|
Yes |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2019 |
| 3 November 2020 (13 days after due date) |
AGM 22 October 2020
(general meeting did not satisfy requirements for quorum and allowed unfinancial owners to vote and be elected as committee members;
Waratah Strata Management complied with plan by Solicitor Adrian Mueller to prevent
Lot 158 Motions at the general meeting, coercing owners to vote against ratification of past events;
Admin Fund had positive balance of only $14,411.82,
but three days later on
31 October 2020 it showed balance of only $8,368.92 without disclosure to owners;
Waratah Strata Management prevented the following competitive quotes from tenders for strata and building management:
Strata Excellence, Strata Title Management, Netstrata, Curtis Strata Cleaning, Forte Asset Services, Clean and Secure Building Management, Jim's Mowing) |
No |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2020 |
|
EGM 15 January 2021 (Agenda for EGM scheduled for 15 January 2021)
|
No |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2020 |
| 29 September 2021 |
AGM 28 October 2021
(Admin Fund had positive balance of only $1,019.14,
but three days later
on 31 October 2021 it showed negative balance of $120,210.65 without disclosure to owners;
non-compliant committee meeting on 23 September 2021 documented shortage of $1,515,541.00 in Capital Works Fund against the forecast in April 2017 but failed to include it at the general meeting;
Waratah Strata Management failed to notify owners
about flaws in 10-Year Capital Works Fund plans, further delaying overdue upgrades and repairs due to lack of funds)
|
Yes |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2021 |
| 7 December 2022 (43 days after due date) |
AGM 27 October 2022 (
Waratah Strata Management complied with plan by Solicitor Adrian Mueller prevent Lot 158 Motions at the general meeting, coercing owners to vote against ratification of past events;
Admin Fund had negative balance of $169,157.11 in Balance Sheet, but in
Income & Expenditure Report on the same day Admin Fund had negative balance of $203,914.85 without disclosure to owners;
Waratah Strata Management allowed $146 million dollar SP52948 complex to have expired insurance policy for five days, creating high risks for uninsured common property;
Waratah Strata Management coerced Economos Auditor to sign financial status by hiding $10,000.00 in accounting figures for legal costs of Solicitor Adrian Mueller;
payment from Misc income to AIG insurance company dated 8 August 2022 in amount of $4,545.45 (GST excl) proves that SP52948 received payments for the SAME alleged legal costs for Solicitor Adrian Mueller from insurance company in amount of $19,758.14 (GST excl) on 25 March 2022 (undeclared to owners and Supreme Court by Waratah Strata Management, committee members, and Solicitor Adrian Mueller himself) and Lot 158 first installment payment in amount of $4,545.45 (GST excl) on 2 July 2022. SP52948 was paid twice for the same legal costs in period from 2 July 2022 to 8 August 2022;
Waratah Strata Management contract was renewed without tender or disclosure of contract details, and allegedly signed by committee member Mrs. Marianna Paltikian who
did not disclose her gas heating connection and unpaid levies which she inherited from previous Lot 88 owner, and even voted against paying for overdue levies for gas heating at AGM 2019)
|
No |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2022 |
|
EGM 27 April 2023 (meeting 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); Admin Fund had negative balance of $170,670.75 without disclosure to owners; owners were not told that Lot 27 and 103 started major renovations before approval at general meeting, as photos in elevators of Block B and D taken on 23 and 25 April 2023 showed; six notice boards in the complex had no information about the meeting; the meeting was attended by only 17 owners and initially failed to establish a quorum - of those 17, two were owners who requested approvals for major renovations (Lot 27 and 103), and two were from Lots 136 and 137 who in 2013 obtained approval to connect the two lots (exclusive rights to common property) without properly organised Extraordinary General Meeting whilst failing to cover full costs of the general meeting and Special By-Law registration; four out of nine committee members did not attend; notice in Block B for Lot 27 renovations which were originally allegedly approved until 16 June 2023, extended work with exposure to noise for another month to 6 July 2023; and second extension of work in Lot 27 to 16 July 2023; minutes of this meeting were not published on any of six notice boards within the complex; Waratah Strata Management ignored reports of discrimination SUMMARY-Another-discrimination-of-owners-in-SP52948-Non-compliant-Extraordinary-General-Meeting-on-27Apr2023)
|
No |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2022 |
|
EGM 17 August 2023 (
meeting 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);
day before the meeting six notice boards in the complex still had no information about the meeting; eight out of nine committee members did not attend the meeting; minutes of the meeting were never published on six notice boards; Waratah Strata Management ignored reports of discrimination SUMMARY-Another-discrimination-of-owners-in-SP52948-Non-compliant-Extraordinary-General-Meeting-on-27Apr2023)
|
No |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2022 |
| 11 December 2023 (46 days after due date, but only made available on 14 December 2023, 49 days after due date) |
AGM 26 October 2023 (Waratah Strata Management prevented Lot 158 Motions to hide mismanagement, criminal activities, and poor financial status;
Waratah Strata Management forged SP52948 FY 2023 Auditor Report date of issue;
for Admin Fund, approved balance at AGM on 26 October 2023 differed from one audited by Economos 46 days after due date by 74.04% ($10,652.86 vs $6,120.73);
approved expenses for electricity usage and supply at AGM on 26 October 2023 differed from one audited by Economos 46 days after due date by 9.21% ($49,171.9 vs $53,704.10);
Waratah Strata Management attempted to renew three-year contract with Uniqueco Property Services without tender and Motion; Admin Fund had negative balance of $242,432.81 in Balance Sheet; Waratah Strata Management and Uniqueco Property Services did not provide proof of validity and justification of expenses in amount of $122,843.87 (GST excl); AGM 2023 misconduct and illegal activities; Waratah Strata Management prevented owners from having information about NSW Fair Trading case 11138875 about their failures to have Auditor's reports before general meetings; 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) |
No |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2023 |
|
EGM 30 November 2023 (Waratah Strata Management prevented Lot 158 Motions to hide mismanagement, criminal activities, and poor financial status;
Waratah Strata Management forged SP52948 FY 2023 Auditor Report date of issue;
for Admin Fund, approved balance at AGM on 26 October 2023 differed from one audited by Economos 46 days after due date by 74.04% ($10,652.86 vs $6,120.73);
approved expenses for electricity usage and supply at AGM on 26 October 2023 differed from one audited by Economos 46 days after due date by 9.21% ($49,171.9 vs $53,704.10);
Waratah Strata Management orchestrated renewal of three-year contract with Uniqueco Property Services without valid tender and valid Motion; Admin Fund had negative balance of $126,629.39 in Balance Sheet; Waratah Strata Management and Uniqueco Property Services did not provide proof of validity and justification of expenses in amount of $122,843.87 (GST excl); Waratah Strata Management did not address any of AGM 2023 misconduct and illegal activities; Waratah Strata Management did not allow owners to have information about pending legal case to terminate contract with Uniqueco Property Services; Waratah Strata Management prevented owners from having information about NSW Fair Trading case 11138875 about their failures to have Auditor's reports before general meetings; 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 14 days after EGM 2023) |
No |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2023 |
|
EGM 22 February 2024 (Waratah Strata Management prevented Lot 158 Motions to hide mismanagement, criminal activities, and poor financial status;
Waratah Strata Management forged SP52948 FY 2023 Auditor Report date of issue;
for Admin Fund, approved balance at AGM on 26 October 2023 differed from one audited by Economos 46 days after due date by 74.04% ($10,652.86 vs $6,120.73);
approved expenses for electricity usage and supply at AGM on 26 October 2023 differed from one audited by Economos 46 days after due date by 9.21% ($49,171.9 vs $53,704.10);
Waratah Strata Management orchestrated renewal of three-year contract with Uniqueco Property Services without valid tender and valid Motion; Admin Fund had negative balance of $126,629.39 in Balance Sheet; Waratah Strata Management and Uniqueco Property Services did not provide proof of validity and justification of expenses in amount of $122,843.87 (GST excl); Waratah Strata Management did not address any of AGM 2023 misconduct and illegal activities; Waratah Strata Management did not allow owners to have information about pending legal case to terminate contract with Uniqueco Property Services; Waratah Strata Management prevented owners from having information about NSW Fair Trading case 11204124; Waratah Strata Management organised another non-compliant general meeting on 26 February 2024; Waratah Strata Management ignored reports of discrimination SUMMARY-Another-discrimination-of-owners-in-SP52948-Non-compliant-Extraordinary-General-Meeting-on-27Apr2023) |
No |
George Venardos, Economos |
SP52948-Audit-FY-ending-31Aug2023 |
Waratah Strata Management changed their own data in Balance Sheets dated 30 April 2023 and 31 May 2023, where Admin Fund had negative balance of $170,670.75 on 30 April 2023 and $173,000.75 for the same date (30 April 2023) on 31 May 2023:
Waratah Strata Management was repeatedly warned about unnecessary costs for Solicitor Adrian Mueller's useless legal advice and risks of strata complex running out of money - with example on email which Frank Tallaridi and Robert Crosbie ignored on 29 June 2019
On 25 December 2022, Admin Fund had negative balance of $130,200.95:
SP52948-negative-balance-in-Admin-Fund-25Dec2022
On 25 January 2023, Admin Fund had negative balance of $166,116.59:
SP52948-negative-balance-in-Admin-Fund-25Jan2023
SP52948 Balance Status on 30 January 2022, Admin Fund has negative balance of $116,068.14 (2 days before next collection of levies is due on 1 February 2022)
SP52948 Balance Status on 11 March 2022, Admin Fund has negative balance of $16,236.00 (more than one and a half months before next collection of levies is due on 1 May 2022)
SP52948 Balance Status on 19 March 2022, Admin Fund has negative balance of $23,536.87 (around one and a half moths before next collection of levies is due on 1 May 2022)
SP52948 Balance Status on 13 April 2022, Admin Fund has negative balance of $61,745.99 (17 days before next collection of levies is due on 1 May 2022)
SP52948 Balance Status on 23 April 2022, Admin Fund has negative balance of $86,877.20 (7 days before next collection of levies is due on 1 May 2022)
SP52948 Balance Status on 29 April 2022, Admin Fund has negative balance of $93,147.13 (3 days before next collection of levies is due on 1 May 2022)
SP52948 Balance Status on 28 July 2022, Admin Fund has negative balance of $61,290.57 (3 days before next collection of levies is due on 1 August 2022)
SP52948 Balance Status on 7 October 2022, Admin Fund has negative balance of $131,239.39 (4 weeks before next collection of levies is due on 1 November 2022)
SP52948 Balance Status on 10 October 2022, Admin Fund has negative balance of $167,486.93 (3 weeks before next collection of levies is due on 1 November 2022)
SP52948 Balance Status on 27 October 2022 - day of Annual General Meeting, Admin Fund has negative balance of $203,914.85 (4 days before next collection of levies is due on 1 November 2022)
SP52948 Balance Status on 4 November 2022 - four days after collection of new levies in amount of $187,502.16 on 1 November 2022, Admin Fund already had negative balance of $22,211.27, and the next collection of levies was almost three months away on 1 February 2023. No significant income occurred in that period, only significant expenses
SP52948 Balance Status on 16 November 2022 - 16 days after collection of new levies in amount of $187,502.16 on 1 November 2022, Admin Fund already had negative balance of $60,224.67, and the next collection of levies was almost three months away on 1 February 2023. No significant income occured in that period, only significant expenses
SP52948 Balance Status on 14 December 2022 - 44 days after collection of new levies in amount of $187,502.16 on 1 November 2022, Admin Fund already had negative balance of $118,269.42, and the next collection of levies was almost two months away on 1 February 2023. No significant income occurred in that period, only significant expenses
SP52948 Balance Status on 25 December 2022 - Admin Fund had negative balance of $130,200.95, and the next collection of levies was almost more than a month away on 1 February 2023. No significant income occurred in that period, only significant expenses
SP52948 Balance Status on 20 January 2023 - Admin Fund had negative balance of $134,323.44 (and that does not yet include overdue payments to Insurance company in amount of $4,545.45 and monthly salary to Uniqueco Property Services in amount of around $28,000.00) and the next collection of levies is almost two weeks away on 1 February 2023. No significant income will occur in that period, only significant expenses
SP52948 Balance Status on 25 January 2023 - Admin Fund had negative balance of $166,116.59 (and that did not yet include overdue payments to Insurance company in amount of $4,545.45) and the next collection of levies was almost a week away on 1 February 2023. No significant income occurred in that period, only significant expenses
SP52948 Balance Status on 5 March 2023 - Admin Fund had negative balance of $53,528.53 and the next collection of levies was almost two months away on 1 May 2023. No significant income occurred in that period, only significant expenses
SP52948 Balance Status on 15 March 2023 - Admin Fund had negative balance of $90,855.41 and the next collection of levies was almost month and a half away on 1 May 2023. No significant income occurred in that period, only significant expenses.
SP52948 Balance Status on 3 April 2023 - Admin Fund had negative balance of $100,877.00 and the next collection of levies was almost one month away on 1 May 2023. No significant income occurred in that period, only significant expenses.
SP52948 Balance Status on 30 April 2023 - Admin Fund had negative balance of $173,000.75 and the next collection of levies was one day away on 1 May 2023. No significant income occurred in that period, only expenses.
SP52948 Balance Status on 1 May 2023 - Admin Fund had positive balance of $39,621.36 on the day of new collection of levies.
SP52948 Balance Status on 9 May 2023 - Admin Fund again entered negative balance of $8,086.81 and the next collection of levies was more than two and half months away on 1 August 2023. No significant income occurred in that period, only significant expenses.
SP52948 Balance Status on 30 May 2023 - Admin Fund had negative balance of $18,745.31 and the next collection of levies wss two months away on 1 August 2023. No significant income occurred in that period, only significant expenses.
SP52948 Balance Status on 27 June 2023 - Admin Fund had negative balance of $66,391.95 and the next collection of levies was more than one month away on 1 August 2023. No significant income occurred in that period, only significant expenses.
SP52948 Balance Status on 12 July 2023 - Admin Fund had negative balance of $115,570.28 and the next collection of levies was 19 days away on 1 August 2023. No significant income occurred in that period, only significant expenses.
SP52948 Balance Status on 18 August 2023 - Admin Fund had low balance of $19,496.20 and the next collection of levies was two and half months away on 1 November 2023.
SP52948 Balance Status on 31 August 2023 - Admin Fund had positive balance of $18,759.11 (but then changed to positive balance of only $10.652.86 on 16 September 2023) and the next collection of levies was a month and half away on 1 November 2023. Balance status was kept around the same positive value for last two weeks of August 2023, in spite of fact that lot of work and invoices were moved to September 2023 so that FY 2023 (ending on 31 August 2023) gave apperance of good financial status. No significant income occurred in that period, only significant expenses (insurance renewal, two months for building manager monthly salaries, two months for strata management salaries, two months for utilities, and more).
Waratah Strata Management changed their own data in Income & Expenditure Report for 31 August 2023 (end of financial year) and three different versions were found in late evening on 31 August 2023, 6 September 2023, and 16 September 2023, generating a result which is almost 57 percent lower on 16 September 2023 than on 31 August 2023:
SP52948 Balance Status on 13 September 2023 - Admin Fund had negative balance of $37,050.64 and the next collection of levies was more than one and half months away on 1 November 2023. No significant income occurred in that period, only significant expenses (insurance renewal, one months for building manager monthly salaries, one months for strata management salaries, utilities, and more).
SP52948 Balance Status on 11 October 2023 - Admin Fund had negative balance of $239,193.82 and the next collection of levies was two and half weeks away on 1 November 2023. No significant income occurred in that period, only significant expenses (one months for building manager monthly salaries, utilities, and more).
SP52948 Balance Status on 18 October 2023 - Admin Fund had negative balance of $272,482.76 and the next collection of levies was two weeks away on 1 November 2023. No significant income occurred in that period, only significant expenses (one months for building manager monthly salaries, and more).
SP52948 Balance Status on 26 October 2023 - Admin Fund had negative balance of $307,580.90 without disclosure to owners at AGM 2023 and the next collection of levies was a week away on 1 November 2023. No significant income occurred in that period.
SP52948 Balance Status on 31 October 2023 - Admin Fund had higest ever negative balance of $312,113.03.
SP52948 Balance Status on 1 November 2023 when new collection of levies happened - Admin Fund already had negative balance of $106,308.01 without disclosure to owners at AGM 2023 and the next collection of levies was three months away on 1 February 2024. No significant income occurred in that period.
SP52948 Balance Status on 29 November 2023 - Admin Fund had negative balance of $131,161.52 without disclosure to owners and the next collection of levies was more than two months away on 1 February 2024. No significant income occurred in that period.
SP52948 Balance Status on 6 December 2023 - Admin Fund had negative balance of $137,962.52 without disclosure to owners and the next collection of levies was two months away on 1 February 2024. No significant income occurred in that period.
SP52948 Balance Status on 20 December 2023 - Admin Fund had negative balance of $182,702.29 without disclosure to owners and the next collection of levies was two and half months away on 1 May 2024. No significant income occurred in that period.
SP52948 Balance Status on 31 January 2024 - Admin Fund had negative balance of $276,492.96 without disclosure to owners and the next collection of levies was one day away on 1 February 2024. No significant income occurred in that period.
SP52948 Balance Status on 14 February 2024 - Admin Fund had negative balance of $87,895.04 without disclosure to owners and the next collection of levies two and half months away on 1 May 2024. No significant income occurred in that period.
SP52948 Balance Status on 7 March 2024 - Admin Fund had negative balance of $187,689.84 without disclosure to owners and the next collection of levies was one and half months away on 1 May 2024. No significant income occurred in that period.
SP52948 Balance Status on 10 April 2024 - Admin Fund had negative balance of $250,998.12 without disclosure to owners and the next collection of levies was three weeks away away on 1 May 2024. No significant income occurred in that period.
SP52948 Balance Status on 30 April 2024 - Admin Fund had negative balance of $251,697.41 without disclosure to owners and the next collection of levies was on 1 May 2024.
SP52948 Balance Status on 1 May 2024 - in spite of start of new financial quarter, Admin Fund already had negative balance of $3,632.01 without disclosure to owners and the next collection of levies was three months away on 1 August 2024. No significant income occurred in that period.
Insurance premiums are very costly:
SP52948-insurance-premium-changes-1997-to-2024.pdf
On 21 September 2022, insurance premiums increased by significant amount of 50.84% (from $108,193.26 in 2021 to $161,569.59 in 2022 - all GST inclusive), without disclosure to owners, while as of 3 October 2022 Income & expenditure Report still did not list any payments for insurance policy:
Waratah Strata Management did not disclose to owners that they might have delayed additional payments (excesses) for insurance policy due on 9 August 2022, as shown in reminder sent by BCB insurance broker:
Detailed Expenses for FY 2022 (1 September 2021 to 31 August 2022) shows that Waratah Strata Management might have failed to pay excesses for two events on time, dated 20 September 2021 and 19 April 2022, which were listed in BCB insurance broker reminder in August 2022, with warning about expired insurance. The dates of payments for insurance excesses in Detailed Expenses for FY 2022 were questionable, unless BCB insurance broker made a mistake with the letter in August 2022. As an example, no insurance excess was listed in code 169400 in Income & Expenditure Report on 28 September 2021 at 08:47 hours. Waratah Strata Management did not list any insurance claims in FY 2022, as shown in Delegated Functions Report dated 7 October 2022 at 17:46 hours:
The reminder highlighted the risk of UNINSURED large strata complex worth $146,550.000 (evaluation dated 1 September 2022) for two unpaid excesses dated 20 September 2021 and 19 April 2022:
SP52948-insurance-valuation-1Sep2022
SP52948-Waratah-Strata-Management-and-undeclared-expired-insurance-in-FY-2022
Owners' property worth more than $146 millions did not have any insurance cover when insurance policy for SP52948 expired on 21 September 2022, but renewal was delayed for five days and was not published for owners and costs were not included in Income & Expenditure Report even as late as 3 October 2022. No owner was notified about it by committee members or Waratah Strata Management.
Insurance renewal was paid on 26 September 2022, leaving SP52948 uninsured for additional five days (possibly adding to other period since early August 2022), without disclosure to owners. It also created risk of being unable to make any claims in that period, should any incident had happened.
Based on official information published by Waratah Strata Management, owners' property worth more than $146 millions did not have any insurance cover when insurance policy for SP52948 expired on 21 September 2023, but renewal might have been delayed for 20 days and was not published for owners and costs were not included in Income & Expenditure Report even as late as 11 October 2023. No owner was notified about it by committee members or Waratah Strata Management:
SP52948-expired-insurance-on-21Sep2023-not-renewed-as-of-11Oct2023
In agenda for AGM 2023, sent by Waratah Strata Management on 5 October 2023, information about insurance premiums still showed details for previous financial year with expiration date of 21 September 2023:
This was not an accidental mistake, because the same misinformation was repeated on page 81 of the AGM 2023 agenda, showing expired insurance (21 September 2023) on 5 October 2023:
The comparison between agenda for AGM 2022 and 2023 shows same insurance expiration date (21 September 2023), but different sums insured for loss of rent/temp accomodation, additional excesses for water-related claims and all other claims, and different insurance commissions paid to Waratah Strata Management
The comparison between agenda for AGM 2022 and 2023, show same insurance expiration date (21 September 2023), but different sums insured for loss of rent/temp accomodation, additional excesses for water-related claims and all other claims, and different insurance commissions paid to Waratah Strata Management
As predicted by Lot 158, Waratah Strata Management published updated insurance policy 21 days after due date on 12 October 2023, claiming that insurance was paid before due date - on 20 September 2023. This document still did not list all excesses (one drastic example was $10,000.00 excess for each and every water-related damage and exploratory work, introduced by insurance company since 2012 and hidden from owners by strata managers in most years):
SP52948-insurance-due-on-21Sep2023-published-21-days-later-on-12Oct2023
Either Waratah Strata Management ran dubious accounting practices, or had sinister reasons for delaying updates to financial documents, but here is evidence that even as late as 4 October 2023, they did not publish any expenses for insurance renewal, which directly correlated to the fact that agenda for AGM 2023 was published and sent on 5 October 2023, allowing Waratah Strata Management to avoid publishing any information about insurance renewal and still claiming cost of $161,569,59 for September 2022 (GST inclusive) instead of new costs for September 2023:
SP52948-Income-and-Expenditure-Report-1Sep2023-to-4Oct2023
Document folder at Waratah Strata Management website did not disclose insurance policy for owners as of 16 October 2023:
Insurance commissions were paid to Waratah Strata Management in amount of $47,849.98 since 2018 with evidence of previous strata agency BCS Strata Management not allowed to receive insurance commissions due to conflict of interest.
In spite of undisclosed cash-flow problems, contract for Uniqueco Property Services was increased by extra 2% (costing owners an extra $6,794.76 in first 12 months) at non-compliant committee meeting on 9 February 2023. It is worth stating that contract renewal without any tender was allegedly approved for three years at general meeting in 2020:
Uniqueco Property Services base contract value with SP52948 from 1 February 2021 to 31 January 2024 was set in amount of $339,741.00 (GST exclusive) per year
| 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 |
Not applicable yet (undisclosed increase of 10.0% since September 2023) |
not applicable yet |
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.
SP52948-dubious-contract-with-Uniqueco-Property-Services
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 on 14 December 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:
In Income & Expenditure Report dated 31 December 2022, Waratah Strata Management listed income in amount of $4,545.45 in code 144000 under name "Miscellaneous Income--Admin" (for Lot 158 payment for alleged legal costs for fraudulent actions by Solicitor Adrian Mueller and the same amount repaid to insurance company in code 169400 under dubious name "Maint Bldg--Insurance Repairs &/or Excess")
In Income & Expenditure Report dated 20 January 2023, Waratah Strata Management listed income in amount of $9,090.90 in code 144000 under name "Miscellaneous Income--Admin" (for Lot 158 second payment dated 3 January 2023 for alleged legal costs for fraudulent actions by Solicitor Adrian Mueller but the same amount was not yet repaid to insurance company in code 169400 under dubious name "Maint Bldg--Insurance Repairs &/or Excess" which still lists on $4,545.45, effectively double charging Lot 158 and insurance company for the same legal expenses). Even worse, Uniqueco Property Services was not yet paid (or such payment for January 2023 is hidden to prevent disclosure of significant negative balance in Admin Fund) for their services, typically in amount of around $28,000 per month
Admin Fund listed amount of $9,090.90 in code 144000 under name "Miscell
aneous Income--Admin" (for Lot 158 second payment dated 3 January 2023 for alleged legal costs for fraudulent actions by Solicitor Adrian Mueller)
Evidence that Waratah Strata Management failed to report monthly payments to Uniqueco Property Services as of 20 January 2023 (either by providing inaccurate accounting figures, or simply not paying the building manager to minimize negative balance in SP52948 Admin Fund)
Evidence that Waratah Strata Management f
ailed to report reimbursement in amount of $4,545.45 to Insurance company as of 20 January 2023 (either by providing inaccurate accounting figures, or
simply not paying the insurer to minimize negative balance in SP52948 Admin Fund). The fugure in Admin Fund on 20 January 2023 should be $9,090.90 in
stead of $4,545.45
On 20 January 2023, Insurance company was warned about these high risks and their unpaid reimbursement
Differences between Admin Fund income on 31 January 2023 and 2 February 2023 show that new quarterly collection of levies happened (started on 1 February 2023) in amount of $207,502.16, making total revenue in period from 1 September 2022 to 2 February 2023 amount to $405,419.81
Differences between Admin Fund expenses on 31 January 2023 and 2 February 2023 show that they grew in amount of $44,065.47, including $27,157.50 for Utility - Water & Sewerage and overdue reimbursements to insurance company in amount of $4,828.00
In spite of fresh collection of levies on 1 February 2023, SP52948 Admin Fund balance became negative straight away at the beginning of a new quarterly cycle: -$2,643.41:
SP52948-Balance-Sheet-2Feb2023
SP52948-Income-and-Expenditure-Report-1Sep2022-to-2Feb2023.pdf
In agenda for AGM 2022 on 10 October 2022, owners received
concerns about financial status and levies, without getting any
picture of long-term problems with planning the levies and future
costs. Chairperson Mr. John Gore mislead the owners by talking about "surplus" in Admin Fund in 2022, while the actual status on the day of Annual General Meeting there was a negative balance of $203,914.85 (misleading and dangerous presentation of facts):
Non-compliant committee meeting on 9 February 2023
...allegedly approved contract increase for Uniqueco Property Services, whilst not disclosing full financial and fire safety problems to owners (negative balance in Adnin Fund of $203,914.85 on 27 October 2022 - on day of Annual General Meeting, and negative balance in Admin Fund of $166,111.44 on 31 January 2023):
In March 2023, Uniqueco Property Services monthly salary increased from $28,311.75 to $28,877.98 (first increase in 2023, without approval by owners corporation at general meeting):
At non-compliant committee meeting on 7 September 2023, without giving owners any details of poor financial and property management, the following brief statement about finances:
... and still recommended salary increases:
What Waratah Strata Management failed to disclose to owners was the fact that monthly salary to Uniqueco Property Services already increased from $28,877.98 to $31,764.07 (an increase of 10%), as shown in Income & Expenditure Report dated 13 September 2023 (second increase in 2023, without approval by owners corporation at general meeting):
... on the same day (13 September 2023), negative balance in Admin Fund was $37,050.64:
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:
SP52948-City-of-Ryde-Council-warning-to-BCS-Strata-Management-about-incomplete-Annual-Fire-Safety-Statement-15Dec2014.pdf
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:
SP52948-bid-for-complex-maintenance-contract-forwarded-to-Waratah-Strata-Management-but-they-did-not-allow-owners-to-consider-it-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
Request for tenders for strata and building management contracts - no reply by Waratah Strata Management
After committee members silently refused to seek tenders (although one for building management was well above $300,000.00 per year), owner organised them for building and strata management and submitted on 26 September 2020
Owner resubmitted tenders for building and strata management again on 30 September 2020 but Waratah Strata Management did not allow Motion for owners to vote at AGM 2020
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-prevented-from-voting-by-Waratah-Strata-Management-without-legal-grounds-AGM-2017.pdf
SP52948-Motions-by-Lot-158-prevented-from-voting-by-Waratah-Strata-Management-without-legal-grounds-AGM-2018
SP52948-Motions-by-Lot-158-prevented-from-voting-by-Waratah-Strata-Management-without-legal-grounds-AGM-2019
Waratah-Strata-Management-prevented-owners-from-receiving-amendments-for-SP52948-Motions-at-AGM-2019-with-consequence-of-not-ratifying-all-contracts-and-major-expenses
NCAT-case-20-33352-SP52948-Solicitor-Adrian-Mueller-provided-advice-how-to-ensure-Motions-by-Lot-158-be-ignored-effectively-coercing-owners-to-vote-against-ratification-of-past-events-AGM-2020
SP52948-Motions-by-Lot-158-AGM-2022
SP52948-Motions-by-Lot-158-AGM-2023-short
SP52948-Motions-by-Lot-158-EGM-public-30Oct2023
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:
Waratah Strata Management failed to inform owners about pending legal case to terminate contract with Uniqueco Property Services before, at, and after EGM 2023 on 30 November 2023
