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| From: | SP52948 owner |
|---|---|
| To: | Robert Crosbie Waratah Strata Management |
| CC: | Jeffery Wang, John Gore, Stan Pogorelsky, Thomas Karolewski, Carlos Fornieles, Maureen McDonald |
| Subject: | SUMMARY SP52948 validity of nominations for committee with example from AGM 2017 |
| Date: | 14/11/21, 15:16 |
Good afternoon,
Committee members ignored warnings about motions to ratify past events, and failed to inform owners about the risks to whole owners corporation. In the end, it was your choice to bear the consequences.
On a separate note, Lot 158 submitted proper nomination in 2021, and in previous years as well.
We waited to see if anyone would comment or make corrections of Waratah Strata Management statements. In the end, dead silence.
As an example, AGM 2017 shows that Waratah Strata Management failed to comply with SSMA 2015 and not only allowed each committee member to self-nominate but also allow unfinancial owners to vote and be on the committee. And the ballot paper was invalid. Attachments show to what extent some are prepared to go to avoid scrutiny and meet the inevitable destiny.
The funniest nomination is one from Mr. Stan Pogorelsky, who replied back to himself, one day after Lot 158 female owner submitted proper nomination for the committee.
And the nomination from Mr. Carlos Fornieles showed what was the real reason to "help" the committee.
In panic, committee members were looking at how to prevent Lot 158 from properly managing the complex.
Regards,
On 28/10/21 10:27, Robert Crosbie wrote:
In accordance with Sec 31 (1) (c) of the SSMA, your self-nomination to the strata committee is invalid. Please complete and return the attached Strata Committee Nominee Form.
Regards,
Robert Crosbie
Waratah Strata Management
From: SP52948 owner
Sent: Wednesday, 27 October 2021 6:40 AM
To: Robert Crosbie
Cc: Stuart Greene, Jeffery Wang, Stan Pogorelsky, John Gore, Thomas Karolewski
Subject: SUMMARY SP52948 Lot 158 proxy paper, candidacy for committee, and ors for AGM 2021
Good morning,
a) As per SSMA 2015 Schedule 1 Section 5, I nominate myself, for the membership of the Executive Committee in SP52948.
Nominated person consents to the nomination.
There are NO OUTSTANDING LEVIES OR UNPAID FEES by Lot 158 for any of the previous 24 years of unit ownership in this complex.
On the other hand, over $30,000.00 is owed by owners corporation to Lot 158 for undelivered services and legal costs based on evidence of fraud.
b) Lot 158 is personally proud for preventing insurance claims for Solicitor Adrian Mueller in 2021. It is also noted that insurance premiums are growing above average.
Lot 158 is proud for preventing illegal parking on council land and submitting comprehensive summary against development proposal LDA2021_0095.
c) In case we cannot attend the AGM 2021 due to workload, attached proxy paper instructs to vote against all listed Motions at AGM 2021.
All owners should be aware that approving Minutes of AGM 2020 would mean that all Lot 158 Motions (which were RATIFICATIONS of past events), effectively making all past actions by the committee and strata managers VOID and NULL.
The ratification has a retrospective effect, and binds the principal from its date, and not only from the time of the ratification, for the ratification is equivalent to an original authority, according to the maxim, that omnis ratihabitio mandate aeguiparatur (ratification is equivalent to express command).
As a general rule, the principal has the right to elect whether he will adopt the unauthorized act or not. But having once ratified the act, upon a full knowledge of all the material circumstances, the ratification cannot be revoked or recalled, and the principal becomes bound as if he had originally authorized the act.
The ratification must be voluntary, deliberate, and intelligent, and the party must know that without it, he would not be bound.
d) BIV's latest alleged Capital Works Fund plan is worthless (see attachment). Their "predictions" are one of the worst financial plans ever seen.
The amount of required major repairs and overdue upgrades is massive - "delaying" them in Capital Works Fund is what Australians call "shonky business".
Have a great day,
