Welcome to the blog of NSW strata investigative journalism
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...
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).
Breaches of SP52948 by-laws are persisent, repetitive, and predictable, causing nuisance to others and creating potential safety risks.
SP52948-declined-to-take-action-for-repeated-illegal-parking-by-visitor-of-EC-member-10Sep2015
Persistent problem with parking on common property near townhouse 202, in spite of free spaces in carpark. Committee member, Lot 200 Mr. John Gore, witnesses this even almost every day:
Illegally parked car in carwash area, whilst committee member, Mr. John Gore, was physically present near his townhouse number 200 literally several tens of meters away on 26 August 2022:
Three illegally parked cars were found near carwash area and committee member Mr. John Gore (Lot 200) townhouse in the evening on 12 November 2022 (whilst security guard was on duty in the office). The sign warning about no-parking is clearly displayed in the carwash area, but ignored by number of tenants and visitors, and by-law not enforced:
Illegally parked car was found near committee member Mr. John Gore (Lot 200) townhouse in the evening on 23 November 2022 (whilst security guard was on duty in the office):
Illegally parked car was found near committee member Mr. John Gore (Lot 200) townhouse in the early morning on 5 February 2023:
Examples of repetitive problems with maintenance staff abusing parking regulations in the complex (parking in private garage whilst designated parking slot near tennis courts is empty) on 1 December 2021, 7 December 2021, 16 December 2021, 19 January 2022, 2 February 2022, 8 February 2022, 22 February 2022, 23 February 2022, 1 March 2022:
The abuse of private garages by Mr. Steve Carbone became more frequent and aggressive in 2023 (especially garages of Lots 37 and 39), in spite of allocated parking spot being empty in front of the building (which owners corporation pays for and provides for exclusive use of staff of the building manager) - these are just some of collected photo and video evidence:
SP52948-Carbone-parking-in-private-garage-28Jan2024
Even after receiving direct report of insurance and safety risks in early August 2024, Uniqueco Property Services Director Steve Carbone continued to disregard the concerns:
SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-5Nov2024, SP52948-designated-area-for-staff-parking-empty-5Nov2024
SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-7Nov2024, SP52948-designated-area-for-staff-parking-empty-7Nov2024
Week starting 18 November 2024 was special because in it, Uniqueco Property Services parked his van in private garage in four out of five working days:
SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-18Nov2024, SP52948-designated-area-for-staff-parking-empty-18Nov2024
SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-19Nov2024, SP52948-designated-area-for-staff-parking-empty-19Nov2024
SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-22Nov2024, SP52948-designated-area-for-staff-parking-empty-22Nov2024
SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-29Nov2024, SP52948-designated-area-for-staff-parking-empty-29Nov2024
Other repetitive abuses of parking:
SP52948-illegally-parked-van-basement-near-Block-C-1Mar2022.webp
SP52948-illegally-parked-car-in-front-of-committee-member-towhouse-Lot-200-photo-4-20Mar2022.webp
SP52948-example-of-maintenance-staff-illegally-parking-17Dec2017
SP52948-basement-illegaly-parked-maintenance-van-photo-2-15Dec2023
SP52948-basement-illegaly-parked-car-photo-2-31Dec2023
SP52948-basement-illegaly-parked-car-20Jan2024
SP52948-basement-illegaly-parked-car-9Feb2024
SP52948-basement-illegaly-parked-car-photo-2-20Jan2024
SP52948-Block-B-basement-illegally-parked-motorbike-photo-1-11Feb2024
SP52948-Block-B-basement-illegally-parked-motorbike-photo-2-11Feb2024
SP52948-car-illegally-parked-near-townhouses-photo-1-13Feb2024
SP52948-permanently-parked-car-on-common-property-15Feb2024
SP52948-basement-illegaly-parked-car-18Feb2024
SP52948-Block-C-basement-illegally-parked-van-5Apr2024
SP52948-Block-C-basement-illegally-parked-car-photo-3-7Apr2024
SP52948-illegally-parked-cars-near-townhouses-17Apr2024
SP52948-Block-C-basement-illegally-parked-van-1May2024
SP52948-Block-C-basement-illegally-parked-car-18May2024
SP52948-Block-C-basement-illegally-parked-car-1Jun2024
SP52948-Block-C-basement-illegally-parked-van-21Jun2024
SP52948-Block-C-basement-illegally-parked-van-24Jun2024
SP52948-Block-B-basement-illegally-parked-motorbike-24Jun2024
SP52948-Block-B-basement-illegally-parked-motorbike-12Nov2024
Parked trailer on common property near Block D since 24 June 2024, photos taken on 19 July 2024:
Parked van in Block A basement for several hours on 13 November 2024:
Uniqueco Property Services Steve Carbone abuses private garages not only for parking his private vehicles (van and four-wheel drive), but also for ride-on mower, directly risking damages to private and common property without owners corporation approval or knowledge. Photos of ride-on mower in Lot 147 garage on 2 July 2024 and 20 July 2024
Uniqueco Property Services Steve Carbone moved his ride-on mower from Log 147 garage to Lot 160 around 3 August 2024 (rented by a young family who do not have a car), risking damages to private and common property without owners corporation approval or knowledge:
Even after receiving direct report of insurance and safety risks in early August 2024, Uniqueco Property Services Director Steve Carbone continued to disregard the concerns:
SP52948-ride-on-mower-moved-from-Lot-147-to-Lot-160-6Aug2024 (video)
Around 22 August 2024, Mr. Carbone moved the mower from Lot 160 back to Lot 147:
This practice continued as of November 2024:
Trailer parked on common property in front of Block D since 24 June 2024, where lot of children pay every day:
SP52948-parked-trailer-on-common-property-since-24Jun2024-photo-1-22Jul2024
SP52948-parked-trailer-on-common-property-since-24Jun2024-photo-1-30Jul2024
SP52948-parked-trailer-on-common-property-since-24Jun2024-photo-2-30Jul2024
It was hastily removed when Lot 158 published these photos
Brief walk on 30 August 2024 showed four wrongly parked vehicles in broad daylight, whilst Uniqueco Property Services Director Steve Carbone was sitting in the office and not taking any action to enforce By-Laws:
SP52948-Block-C-basement-illegally-parked-car-30Aug2024
SP52948-Block-C-basement-illegally-parked-van-30Aug2024
SP52948-illegally-parked-car-near-townhouses-30Aug2024
Even Mr. Carbone continued with practice to park his van in a private garage:
Brief walk on 20, 21, and 22 November 2024 showed several wrongly parked vehicles in broad daylight, whilst Uniqueco Property Services was not taking any action to enforce By-Laws:
SP52948-illegally-parked-car-near-townhouses-20Nov2024
SP52948-Block-C-basement-illegally-parked-van-photo-1-21Nov2024
SP52948-Block-C-basement-illegally-parked-second-van-photo-2-21Nov2024
SP52948-Block-C-basement-illegally-parked-two-vans-21Nov2024
SP52948-Block-C-building-manager-electic-scooter-parked-21Nov2024
And more abuses at end of November 2024:
SP52948-illegally-parked-car-near-townhouses-24Nov2024
SP52948-Block-C-basement-illegally-parked-van-25Nov2024
SP52948-illegally-parked-car-near-townhouses-26Nov2024
SP52948-illegally-parked-car-near-townhouses-27Nov2024
SP52948-Block-C-basement-illegally-parked-van-28Nov2024
SP52948-building-manager-electic-scooter-parked-near-office-29Nov2024
And more abuses on 3 December 2024. During early morning checks, we were accompanied by Mr. Steve Westrip, who was walking around, and he certainly witnessed his manager Mr. Steve Carbone being parked in private garage too. Photos and videos were taken over period of around three hours:
Photos and videos were taken on 6 December 2024, where electric scooter was parked near garage of Lot 37 at the entrance to the complex. Whilst taking photos as evidence, Mr. Steve Carbone started recording on his mobile phone and was then accompanied by Lot 88, who voluntarily rushed from her garage to "support the building manager". Over the next 10-odd minutes both Lot 88 and the building manager acted erratically, yelled, and avoided to answer any questions:
SP52948-building-manager-electic-scooter-parked-near-garage-37-6Dec2024
SP52948-building-manager-electic-scooter-parked-near-garage-37-photo-2-6Dec2024
Lot 158 insisted on getting the answer who allowed the building manager to ride scooter in the complex, and got no answers, but soon afterwards, the staff of the building manager wheeled the scooter inside private garage of Lot 37, hiding it behind the parked car:
SP52948-building-manager-electic-scooter-moved-inside-garage-37-photo-1-6Dec2024
SP52948-building-manager-electic-scooter-moved-inside-garage-37-photo-2-6Dec2024
SP52948-building-manager-electic-scooter-moved-inside-garage-37-photo-3-6Dec2024
Mr. Carbone repeated several times that Lot 158 should only be in Block A and there was no business for this owner in other parts of the complex?!!?
Lot 158 called Police at Ryde LAC on 02 9898 7401 and got advice to open the event at Crime Stoppers, which was done soon afterwards: case 1022653. Few details of the case:
Waratah Strata Management was warned about building manager's use of scooter as early as 23 December 2020.
Waratah Strata Management, insurance company, and committee members were repeatedly warned about scooters since 18 August 2023.
Waratah Strata Management, insurance company, committee members, and Uniqueco Property Services were made aware of risks, including scooters in August 2024:
At non-compliant committee meeting on 2 April 2024, Solicitor Adrian Mueller was allegedly engaged to draft additional by-law for storage of electric bikes, scooters and other electric lithium battery powered mobility equipment. Such Motion was not presented at AGM on 28 November 2024 and Waratah Strata Management refused to comment about costs paid to the Solicitor. The committee meeting on 2 April 2024 failed to meet the quorum (7 of 9 strata committee members were allegedly financial for the purposes of this meeting but out of 4 who voted at the meeting, one was, in reality, unfinancial to vote and illegal to be a committee member due to self-nomination and unpaid gas heating levies - Mr. Stan Pogorelsky, Lot 181) and the other due to self-nomination at previous general meetings (Mr. Ramesh Desai, Lot 159).
Agenda was created on 26 March 2024 and scheduled for 2 April 2024. Excluding date of creation, meeting date, public holidays, and the weekend, only two days were allowed for delivery of notice to all owners. As per Strata Roll dated 31 January 2017, more than 32% of owners had requested postal delivery of notices – that figure is hidden from owners by Waratah Strata Management in subsequent years. No owner received full information about financial status, where Admin Fund had deficit (negative balance) of -$190,762.04 one day before the agenda was sent to owners. Even worse, no owner received full information about financial status, where Admin Fund had deficit (negative balance) of -$200,148.73 on the day of the alleged meeting. Agenda was not detailed, especially the details of Solicitor Adrian Mueller's costs in Standard Costs Agreement. Agenda did not contain details of time and place of the meeting, denying owners their right to attend in person, if they wishes so, and with 25% of voting rights to make decision any way they wanted without committee members. None of six notice boards published agenda of the alleged meeting at any time before the meeting (photo evidence was collected). None of six notice boards published agenda of the alleged meeting at any time after the meeting (photo evidence was collected). Waratah Strata Management website on two main pages did not list any meeting for this date (photo and video evidence was collected).
Uniqueco Property Services manager was witnessed riding the electric scooter on footpath within the complex, in basement of the complex, on walkpath (sidewalk) on Fontenoy Road and Lane Cove Road near the complex, on driveway near townhouses and visitors' carpark.
Uniqueco Property Services manager missed hitting Lot 158 car with his scooter near townhouse 211 several months ago (he did not properly negotiate the curve near townhouse 211 as Lot 158 was driving towards carwash area).
Another unanswered question is where this scooter is recharging battery as we do not have certified connections and they are not allowed in the complex.
Another unanswered question is fire risks and liability for any damage and injury.
In June 2024, News.com published "Lithium-ion batteries causing thousands of fires a year in waste facilities, trucks and homes". In it it said that Australia produced about 3300 tonnes of lithium-ion battery waste each year, which has caused more than 10,000 fires annually in waste management facilities and trucks alone. NSW Minister for the Environment Penny Sharpe said fire and Rescue NSW attended more than 270 lithium-ion battery fires in 2023 alone, but they knew this was just a small fraction of the true number of battery fires. In Victoria last year, emergency services responded to at least one lithium-ion battery fire each week. In WA, the Department of Fire and Emergency Services responded to 70 fires ignited by lithium-ion batteries in the first six months of 2024, compared to 110 for 2023. Queensland authorities recently recorded 47 residential structure fires, eight non-residential structure fires, and 38 other fires that were caused by lithium-ion batteries.
Fire and Rescue NSW (FRNSW) in their report "RNSW, Fire safety recommendation for Electric Vehicles and charging infrastructure" recommended the following measures: Make sure that EV is identifiable by emergency services, when installing charging equipment, ensure the charging cable and/or unit is electrically compliant and installed by a qualified electrician to AS/NZS 3000 Electrical Installations, smoke alarm or a heat alarm is installed in garages where an EV is regularly parked or charged, when charging EV, only use extension leads and power sockets that are intended for use in the charging of electric vehicles.
On 18 November 2024, News Corp published video of apartment unit in Campterdown being destroyed due to litium-ion battery charging.
Scooter riders, just as other road users, must comply with all applicable NSW road rules.
Personal e-scooters remain illegal on NSW roads and road-related areas, including footpaths, shared paths and bicycle lanes.
One can only use scooters on private property.
E-scooter shared schemes are being trialled in designated local government areas in NSW.
Person must be 16 years or older to hire and ride a shared e-scooter within a trial area. Hired shared scheme e-scooters are only able to be used on roads and road-related areas in the designated e-scooter trial areas. It is illegal for privately owned e-scooters to be ridden on NSW roads or road related areas, including in trial areas.
Safety rules in trial areas: hire a shared e-scooter only from the selected provider in the trial area, use a shared e-scooter on selected roads, bike paths and shared paths, in the trial area stay under 10km/h on shared paths and 20km/h on the road, always wear an approved helmet, not carry passengers, and not use a mobile phone whilst riding.
There were a few trials in the following areas: in Albury from 15 December 2023 to 14 November 2024, in Western Sydney Parklands and Australian Botanic Gardens Mount Annan from the end of July 2022 to the end of October 2022, and in Lake Macquarie from December 2022 to May 2024.
The Kogarah trial started on 10 January 2024.
Police was also reminded of six Events with stalking, harrassment, and threats by the building manager staff, and 10 attempts by Lot 158 to obtain copies of CCTV recordings (even Police did not get them).
Status on 10 December 2024:
SP52948-electric-bike-parked-on-common-property-near-area-where-children-play-every-day-10Dec2024
Status on 15 December 2024:
Status on 18 December 2024:
SP52948-Block-A-basement-illegally-parked-car-near-Lot-147-garage-22Dec2024
SP52948-Block-B-basement-illegally-parked-motorcycle-12Jan2025
Status on 22 January 2025:
SP52948-building-manager-electic-scooter-parked-inside-private-garage-22Jan2025
SP52948-Block-C-basement-illegally-parked-van-22Jan2025
Ride-on mower also continued to abuse space in private garages, regularly moving between garages of Lot 147 and 160, where committee member from Lot 159 was a direct witness of such activities without taking any action to prevent it:
Few examples in period from 24 January 2025 to 10 February 2025:
SP52948-illegally-parked-car-near-townhouses-24Jan2025
SP52948-Block-C-basement-illegally-parked-van-5Feb2025
SP52948-Block-B-basement-illegally-parked-motorcycle-5Feb2025
Mower moved from garage of Lot 147 back to Lot 160 on 17 February 2025:
Brief walk around the complex on 23 February 2025 found four vehicles parked illegally:
SP52948-Block-C-basement-illegally-parked-car-23Feb2025
SP52948-illegally-parked-car-near-townhouses-23Feb2025
SP52948-illegally-parked-van-with-trailer-near-carwash-area-23Feb2025
SP52948-illegally-parked-can-and-van-with-trailer-near-carwash-area-23Feb2025
Brief walk around the complex on 5 March 2025 found a van parked illegally in basement of Block C:
SP52948-Block-C-basement-illegally-parked-van-5Mar2025
Since 9 February 2025, a tent was erected on common property in basement of Block B:
SP52948-Block-B-basement-tent-on-common-property-9Feb2025
Brief walk around the complex on 7 March 2025 found a van parked illegally in basement of Block C and Uniqueco Property Services staff using yet another private garage for parking his van:
SP52948-Block-C-basement-illegally-parked-car-7Mar2025
SP52948-Block-C-basement-illegally-parked-car-photo-2-7Mar2025
Brief walk around the complex on 12 and 13 March 2025:
SP52948-Block-C-basement-illegally-parked-van-12Mar2025
SP52948-Block-C-basement-illegally-parked-van-photo-2-12Mar2025
SP52948-illegally-parked-car-near-townhouses-13Mar2025
SP52948-illegally-parked-two-cars-near-townhouses-and-carwash-area-13Mar2025
SP52948-illegally-parked-two-car-near-carwash-area-13Mar2025
Without authorisation by the owners corporation, and in non-compliance with SP52948 By-Laws, Uniqueco Property Services created conflicting information about parking in carwash area by adding a notice about "no parking from 7am to 7pm other than for car washing":
SP52948-conflicting-information-about-carwash-area-parking-13Mar2025
Staff of Uniqueco Property Services are solely responsible for allowing breaches of By-Laws 2 and 3, as per latest publicly-available Consolidated By-Laws:
Brief walk around the complex on 25 and 26 March 2025:
SP52948-Block-C-basement-illegally-parked-van-25Mar2025
SP52948-Block-C-basement-illegally-parked-van-26Mar2025
SP52948-Block-C-basement-illegally-parked-second-van-26Mar2025
Uniqueco Property Services staff found a new garage to park their van on 26 March 2025, this garage was not observed for such use before. The second problem is the garage next to this one, which is overloaded with old furniture and items, unattended for many years, creating fire risks:
On 27 March 2025:
At around 08:40 hours, for the third day in a row, handyman Mr. Warwick was parked illegally in basement of Block C. Lot 158 approached him in an open-minded effort and asked why was he repeatedly parking the van in non-parking area. When asked about what was he doing in the complex and what was he repairing, the response was "all over the place". In addition, Lot 158 asked Mr. Warwick why was he using stolen trolley from Ikea (kept in storage by Uniqueco Property Services staff), where somebody removed the label of the company ownership last year. It was expected that Mr. Warwick would remove his van, but at 10:48 hours, it was found out that the van was still in the same location:
SP52948-Block-C-basement-illegally-parked-van-27Mar2025
Further more, the same van was later moved and illegally parked in basement of Block A, as evidence showed at 12:20 hours:
SP52948-Block-C-basement-illegally-parked-van-photo-2-27Mar2025
On 28 March 2025, handyman Mr. Warwick was parked illegally in basement of Block C for the fourth day in a row:
Status on 1 April 2025:
Status on 2 April 2025:
SP52948-Block-C-basement-illegally-parked-van-2Apr2025
SP52948-Block-B-basement-illegally-parked-motorcycle-2Apr2025
Status on 4 April 2025:
Status on 6 April 2025:
Status on 7 April 2025:
SP52948-electric-scooter-and-Ikea-trolley-parked-near-building-manager-office-7Apr2025
SP52948-electric-scooter-and-Ikea-trolley-parked-near-building-manager-office-photo-3-7Apr2025
SP52948-electric-scooter-and-Ikea-trolley-parked-near-building-manager-office-7Apr2025 (video)
Status on 9 April 2025 - this was also witnessed by committee member Mrs. Marianna Paltikian:
Status on 11 April 2025:
Status on 13 April 2025:
Status on 20 April 2025: