Investigative Journalism and Learning Hub - Thomas Karolewski ignored repeated complaints about SP52948 mismanagement on 26 April 2018

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From: SP52948 owner
To: Thomas Karolewski SP52948 committee member
Subject: Fwd: Response from Waratah Strata Management to Lot 158 on 26Apr2018
Date: 26/4/18, 7:23 pm
Hi,

This will be the last time to take your time and I apologize for it.

I am very busy with work and this is something I am doing as necessity to protect my investment and prevent financial and other types of mismanagement in the complex.

Final updates from me:

a) I enclose herewith a response from Waratah Strata Management in regards to my complaint about disabled web access.

He alleges that it was never disabled, which is not true. As an IT expert, I know very well when something works or not.

All of a "sudden", after my complaint, the web access works again today.


b) On 24 April 2018, it was six months since the AGM 2017 and there was a requirement to register new By-Laws.

Today is 26 April and there are no updates about current By-Laws of SP52948 for owners on the notice board, via email or letters.

I will visit Department of Land NSW tomorrow to find out which By-Laws were rescinded, updated, or added. I have special interest in how some of them are registered.

By the same token, web access to strata files shows that owners do not have any updates of By-Laws yet (refer to attachment).
The new By-Laws must be registered with NSW Land Registry Services within 6 months after the Special Resolution has been passed (that already expired in SP52948). This can be done by lodging a Consolidation/Change of By-Laws form. Tenants must also be informed of any change in By-Laws.

In addition, the Secretary of the strata scheme must now keep a consolidated list of By–Laws. A consolidated list of By–Laws must be registered with NSW Land Registry Services before any new change of by–laws can be registered.
Potential owners can get a copy of the by-laws by obtaining a section 184 Certificate, which is required to finalize financial matters concerning the sale of a strata property.

Landlords must give their tenants a copy of the current by-laws within 7 days of the tenancy agreement being signed.
All current owners should receive updated version of By-Laws and they should be published on notice boards as well. Otherwise, how would owners know what rules to comply with?


c) Note that Waratah Strata Management (and allegedly EC members) failed to respond to my inquiries, or record them in the Minutes of meetings.

Because Waratah Strata management acts as Secretary of the EC (no EC member volunteered to take that role at meeting in February 2018, four months after the AGM), they are directly responsible for lack of action in compliance with:

STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 43
STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 256


d) Waratah Strata Management vaguely alleges that they "might" have provided all my complaints and correspondence to EC members and that they were discussed at meetings. No record of such actions exist for any owner in any minutes of meetings. Likewise, no private response was provided to me.

If that is true, it seems all EC members are fully aware of complaints and issues, and declined to act for whatever reason (including acting upon evidence of poor financial management, using unlicensed staff, breaking laws, employing staff that stalk others, and much more).

Regards and best wishes in the future.

-------- Forwarded Message --------
Subject: RE: REQUEST: Re-enable web account before due date for levy payments for Lot 158 in SP52948
Date: Thu, 26 Apr 2018 06:37:21 +0000
From: Robert Crosbie Waratah Strata Management
To: SP52948 owner

You have previously instructed we are not to correspond with you by email. We therefore advised we would not respond to your emails.

We have also previously requested you have the courtesy of putting your name to your correspondence and not assume we know your email address.

Your numerous correspondence may have been provided to the strata committee and they have not deemed it necessary to discuss at the committee meetings.

We have done nothing to disable your web access to our portal. Your access code is ... and password is ...

Regards,

Robert Crosbie

Waratah Strata Management

P.O. Box 125, Eastwood NSW 2122

-----Original Message-----

From: SP52948 owner

Sent: Saturday, 21 April 2018 8:13 AM

To: Robert Crosbie Waratah Strata Management

Cc: Simon Wicks Waratah Strata Management, Steve Carbone Uniqueco Property Services

Subject: REQUEST: Re-enable web account before due date for levy payments for Lot 158 in SP52948

Hi,

No update of minutes of EC meetings contained replies to my wife's and my complaints and requests to provide access to strata files in emails dated:

8 February 2018

18 February 2018

3 March 2018

I note that SP52948 did not have office bearers for four months until EC meeting in February and still does not have an official Secretary.

In regards to the below inquiry, Mr. Carbone confirmed in his phone call to me that one of his staff worked at least twice (I have evidence of it) in night shift as security guard without license. It means we allow unlicensed staff to perform duties without owners corporation knowledge. Even worse, it can create serious legal problems.

On a separate note, I request immediate for my web account on waratahstrata,com.au web site. It is disabled without authority or legal rights. It worked well until last month but not now.

By not having access to account Waratah Strata directly:

a)  Discriminates against my family and me,

b) Prevents us from accessing strata files that are published on website,

c) Prevents us from accessing invoices for levy payments,

d) Prevents us from reviewing current balance sheet of SP52948,

e) Prevents us from reviewing current payments for our levies.

Regards

On 03/03/18 22:04, SP52948 owner wrote:

> Hi,

> For the immediate attention of the Secretary of the SP52948.

> a) Maintenance staff failed to sign the document that ensured his staff would not follow, stalk or bully my wife (or members of my family) in any form, as per her recent request.

> b) Night shift is one of periods with heightened security-related risks. I request immediate confirmation of which maintenance staff or subcontractors have license to work as security guards in the complex:

> Names and license details

> Regards,

> Lot 158