Welcome to the blog of NSW strata investigative journalism
Number of SP52948 owners, tenants, and investors expressed gratitude towards this website as that was the only way to gain access to lot of critical information, which is not available in minutes and notices of meetings, or on Waratah Strata website.
The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...
This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere. All files on this website were provided to Fair Trading NSW, Office of legal Services Commissioner, NCAT, Supreme Court, and Police. The same files were repeatedly sent to Solicitor Adrian Mueller, committee members and strata managers - silence is their response.
Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of services provided by those who should enforce laws are common and frequent - examples:
NSW-Civil-Tribunal-failing-to-deliver-services
Solicitor Adrian Mueller created dangerous precedence in two CTTT/NCAT cases (SCS 12/32675 and SC 20/33352) which, based on Australian legal system, allow other parties to use as valid defence (legal precedents). CTTT/NCAT fully co-operated with the Solicitor and effectively rendered NSW strata laws useless, and even allowed Solicitor's reprentation of large strata plan SP52948 without having any evidence of being approved by owners corporation (in fact, Solicitor was not approved at any legally-convened meeting).
CTTT/NCAT actively supported Solicitor Adrian Mueller’s predictive behaviour, contempt of court, falsified documents, and insurance claims in two cases in 2012/2013 (SCS 12/32675 and SCS 12/50460, conducted by Tribunal member M. Harrowell) and 2020/2021 (SC 20/33352, conducted by Tribunal member G.J. Sarginson). The precedence means that all evidence of the Applicant can be ignored if the Respondent fails to attend Hearings.
Tribunal had full knowledge of the Applicant's submissions about Solicitor Adrian Mueller, including ones dated 8, 27 February 2022, and 22 June 2022, which they completely ignored.
Democracy should be the leading avenue for managing strata complexes. But, democracy requires high level of sense and ethics, and right for all owners to have full access to strata files in order to make informed decisions. And when that does not happen, how to proceed? One way is to educate public and rise awareness that license to be a strata manager is one of the easiest in any industry: Strata Community Australia (SCA) are offering a three-day course on qualifying to be a strata manager with no prior educational requirements (apparently educational requirements are fulfilled by completing the course).
Whilst owners' letterboxes were targeted by vandalism multiple times in the past, Lot 158 solely continues to experience such activities:
SP52948-Letterbox-attack-by-thieves-6Mar2013
SP52948-Letterbox-attack-by-thieves-4Sep2013
SP52948-complaint-to-BCS-Strata-Management-and-Universal-Property-Services-repeated-letterbox-vandalism-27May2014. Thanks to Lot 158 persistence, SP52948-Lot-158-forced-letterbox-lock-changes-after-many-incidents-19Jun2014
Since July 2012, professional report by Napier & Blakely warned about OH&S risk for rooftop area in Block C:
The report also SP52948-Napier-and-Blakeley-professional-report-2113061511-J13290-complaining-about-lack-of-access-to-strata-maintenance-documents-Jul2012
SP52948-Block-C-rooftop-area-with-rubbish-photo-1-13Jul2019
SP52948-Block-C-rooftop-area-with-rubbish-photo-3-13Jul2019
SP52948-Block-C-rooftop-area-with-rubbish-photo-5-13Jul2019
SP52948-Block-C-rooftop-area-with-rubbish-photo-6-13Jul2019
SP52948-Block-C-rooftop-area-with-rubbish-photo-8-13Jul2019
SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-1-19Dec2021
SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-2-19Dec2021
SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-3-19Dec2021
SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-5-19Dec2021
SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-7-19Dec2021
Example of drainage problem after light rain:
SP52948-water-ponding-due-to-poor-drainage-walkway-near-Block-B-photo-1-28Dec2021
SP52948-water-ponding-due-to-poor-drainage-walkway-near-Block-B-photo-5-28Dec2021
An example how strata managers and committee members prevent maintenance of common property:
SP52948-Lot-158-request-for-tripping-hazard-ignored-by-Waratah-Strata-Management-25Dec2018
with more evidence in
SP52948-ongoing-issues-with-pavers-and-tripping-hazard-since-2012
Example of unattended or poorly remediated water leaks in swimming pool wall:
SP52948-BCS-Strata-Management-and-neglected-wall-swimming-pool-8Jun2012
SP52948-swimming-pool-wall-water-damages-18Nov2020
SP52948-swimming-pool-wall-water-damages-3Feb2021
SP52948-swimming-pool-wall-water-damages-18Mar2021
Problem in Lot 158 with water disappearing in toilet bowl and creating foul smell occurred again (problem reported and attempted to be resolved by plmbers four times since 2011). Here is the listing of previous complaints and dates:
16 November 2011 (sent to BCS Strata Management)
12 April 2014 (sent to BCS Strata Management)
11 April 2014 (sent to BCS Strata Management)
27 November 2019 (sent to Waratah Strata Management)
21 May 2022
Video evidence proves it:
Random check of fire safety found a door on Level 5 in Block B not self-closing (actually, jamming on the door frame) on 26 May 2022:
SP52948-Block-B-fire-door-not-closing-automatically-video-1-26May2022
Spot check in gardens found four faulty lights on 4 January 2022:
SP52948-faulty-fire-exit-light-since-31May2021-Block-C-external-door-photo-2-taken-on-4Jan2022
SP52948-faulty-light-in-garden-near-Block-C-photo-1-4Jan2022
Appearance of entrance to the complex on 4 January 2022:
SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-2-4Jan2022
SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-4-4Jan2022
SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-6-4Jan2022
SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-8-4Jan2022
SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-10-4Jan2022
Continuous avoidance to audit common property acquired or changed by private owners without general meetings or special by-laws. Since 2016, Lot 158 tried to enforce proper audit of common property and document items which were not owned by owners corporation any longer. Such attempts were disallowed by BCS Strata Management and Waratah Strata Management. Here is the Motion from 2016 and then 2017, which in 2017 was directly disallowed by Solicitor:
SP52948-Solicitor-prevented-Motion-about-items-excluded-from-common-property-general-meeting-2017
Not only such audits have not been done, but owners are forced to maintain propety that is not common any longer, therefore benefiting individual private owners at expense of others.
On 10 January 2022, ex-committee member Lot 151 (Ms. Maureen MacDonald) installed gate with lock on colorbond fence towards external gardens. Since this is a fence dividing the owner's Lot and common property, the responsibility for this fence is shared equally between that particular Lot 151 and the owners corporation – gates located in this area are treated in the same way.
The new colorbond door was prepared on 21 December 2021:
The common property attached to Lot 151 was changed with the installation of a new colorbond door as shown on 10 January 2022:
Lot 151 reguarly opens her new colorbond door, towards backyard area of Block A where children play on most days and other occupants walk as shown on 10 March 2022. This door also allows unregistered visits to her properly by maintenance staff and others without being recorded on CCTV which applies when going through foyer of the building:
There was no pressing need to install the gate in Lot 151, whilst in other areas around the complex, long-term neglect is ignored. Example of colorbond fence disconnected from the wall and leaning outwards in Lot 147 (ex-committee member Mr. Moses Levitt):
Lot 151 must be invoiced for at least 50% of agreed total cost. In addition, approval to change common property for Lot 151 was not documented in any Minutes and such decision was not made at any legally convened meeting. That is especially important due to fact that Admin Fund balance had negative balance of $53,036.39 three days earlier, on 7 January 2022:
That balance further worsened:
SP52948 had Admin Fund negative balance of $203,914.85 on 27 October 2022 - day of Annual General Meeting, and Lot 158 provided these instructions to its proxy, Lot 151 (Ms. Maureen McDonald) how to vote on 27 October 2022 (it is important to highlight that Waratah Strata Management did not provide Auditor's Report in agenda for the general meeting and even as late as one day before the meeting such report was not made available on Waratah website; at the same time Waratah Strata Management was asking for its contract renewal without any tender or disclosure that three previous contracts had been signed by unfinancial owners who were allowed to vote and be on the committee in full non-compliance with strata laws and regulations):
SP52948-Lot-158-proxy-form-with-voting-instructions-for-AGM-2022
Instead, Waratah Strata Management published first version of the Motions, which was incomplete due to lack of data for insurance premiums and Admin Fund balances:
At Annual General Meeting on 27 October 2022, based on flawed advice by Solicitor Adrian Mueller, Waratah Strata Management denied owners to vote on irrefutable evidence of terrible financial status and other issues in spite of irrefutable evidence:
Lot 151 not only did not offer any proof of her alleged payment, but also did not prove decision to install gate was made at any legally-convened meeting, did not prove (and cannot) that such decision was recorded in Minutes of any meeting, and did not prove (and cannot) that such change of common property was registered with Department of Land
Lot 151 now often opens gate towards common area where children play and others walk:
SP52948-Lot-151-gate-opened-on-common-property-25Mar2022.mp4
It also means that Lot 151 and her visitors are the only persons in four buildings with 192 units who can enter/leave building without being recorded by CCTV (they can exit the building without going through foyer).
On 8 February 2022, drainage cleaning was witnessed within Lot 151 courtyard, which, in the past was declined to be done for other owners on ground floor.
In spite of repetitive warnings about excessive sand being potential risk for tripping/slipping hazard in pathway near tennis courts, no action was taken to rectify the problem, as photos taken on 17 April 2021, 24 February 2022, and 20 March 2022 show:
Apperance of garden bed wall behind Block C on 5 March 2022:
... and videos:
SP52948-appearance-of-wall-painting-near-Block-C-video-1-5Mar2022
SP52948-appearance-of-wall-painting-near-Block-C-video-2-5Mar2022
Garden bed walls continue to be unmaintained. Photos taken on 8 March 2022:
Second incident with broken tennis court poles due to rust in three years (first on 10 August 2019 and second on 12 April 2022). On 11 August 2019, the following was sent to Waratah Strata Management and reply was never received:
Please take this request very seriously.
Action
a) Lot 158 found out about damaged tennis court 2 yesterday, 10 August 2019. Attachment "SP52948-tennis-court-2-damage-10Aug2019.webp". The damage was probably caused by some human so photo evidence was taken as evidence.
b) As per standard schedule, Lot 158 plays tennis on court 1 every Sunday between hours of 08:00 and 09:00. Lot 158 owners left complex at around 07:56 hours today.
c) Between 07:56:52 and 07:58:42 number of photos were taken documenting repainted rusted lock, tennis notice board, and the damage of tennis court 2.
d) Whilst taking photos, maintenance staff suddenly appeared near stairs at around 07:58 hours and shouted something that was not easy to understand due to windy conditions. It appears he deliberately went to monitor owners of Lot 158 within two minutes after he had seen them exiting the building. He carried mobile phone in his hands and seemed to have taken photos or video of Lot 158 owners, for no valid reason.
e) As soon as we looked at him, at 07:58:14 he rushed towards the office that building manager staff use for free on ground floor of Block A. In total, maintenance staff stayed near tennis court around 20-odd seconds.
Impact
During 2018, three Police events were raised by Lot 158 for stalking, attempts to intimidate, and bullying in the complex by staff of maintenance staff:
E244254697 on 26 March 2018
E69860959 on 26 October 2018
E265804296 on 14 November 2018
In addition, there was an alleged assault case against Lot 158 owner, which was dismissed by the court.
There is plenty of other evidence of maintenance staff being rude and threatening others in the complex.
Stalking or intimidation with intent to cause fear of physical or mental harm is a serious criminal activity. It involves pattern of conduct which, taken together, amounts to a form of harassment.
Before further action is taken, due to persistent attempts to intimidate, threaten, and stalk tenants of Lot 158, the following is required:
CCTV recordings from four cameras to be kept until further notice and reviewed together with Lot 158:
Maintenance staff office,
Block A foyer,
Entrance to Block A,
Near letterboxes in front of the complex.
The recordings will provide evidence of whereabouts of maintenance staff from the moment of entering the complex. It is noted that Waratah Strata Management stayed silent and did not respond or take any action even when Lot 158 female owner directly pleaded. Attachment "SP52948-Lot-158-female-owner-plea-to-Waratah-Strata-Management-18Feb2018.webp" taken during document search at Waratah Strata Management on 31 May 2019 proves that strata manager and EC members had knowledge of it but refused to act.
Explanation what was the logical or valid reason and who approved taking video or photos of Lot 158 owners on the mobile phone by maintenance staff.
Photos taken on tennis court 2 on 10 and 11 August 2019:
On 12 April 2022, same issue happened on court 1:
Water leaks and damages to large area of wall in basement on Block B - unattended for seven years:
SP52948-basement-long-term-water-leaks-and-damages-basement-Block-B-photo-1-7Nov2021
SP52948-basement-long-term-water-leaks-and-damages-basement-Block-B-photo-4-7Nov2021