Investigative Journalism and Learning Hub - Waratah Strata Management Ignored Request to Notify Owners About SP52948 Secret Registration of Consolidated By-Laws on 30 October 2017, Police Event for Insurance Claims, and false Statements in CTTT Statutory Declaration by BCS Strata Management

From:	SP52948 owner
To:	Sp52948 commitete members and group of owners
Subject:	FOR SP52948 OWNERS NOTICE: Secret registration of Consolidated By-Laws for SP52948 on 30 October 2017 and Police Event for Insurance Claims and CTTT Statutory Declaration
Date:	28/7/18, 12:56 pm

For SP52948 owners' attention. Please let us know if you wish not to be notified about what is happening in the complex.

All attempts to reason with Waratah Strata Management and EC members were met with silence and refusal to act with duty of care.

Secret registration of Consolidated By-Laws for SP52948 on 30 October 2017

a) This is the second time SP52948 is engaged in illegal registration of the By-Laws and hiding them from owners and investors.

For the first case (Special By-Law 4 that gave exclusive rights to common property to ex-Chairperson of the Executive Committee (Lot 3)) and failed to include it in the listing of By-Laws for 17 years), refer to submission to LPI NSW dated 16 March 2015.

b) On 23 November 2017, I requested access to latest SP52948 By-Laws. Waratah Strata Management sent a letter dated 8 December 2017, with photocopy of By-Laws that were NOT VALID on the date of the letter (old version, which still excluded Special By-Law 4 for Lot 3).

c) It turns out that Mr. Robert Crosbie registered SP52948 Consolidated By-Laws on 30 October 2017, without disclosure to owners in any correspondence since that date and failed to disclose it to Lot 158, in spite of legal obligation to provide it since 23 November 2017.

Number of attempts to reason with Waratah Strata Management and EC members (including personal emails to the Treasurer three times) were made in vain - this information was NOT ALLOWED to be presented in agenda and minutes of EC meetings.

d) Screen-shot of Waratah Strata website on 26 April 2018 confirms that owners were not updated about the By-Laws.

e) The Consolidated By-Laws dated 30 October 2017 contain several errors:

By-Law 4 Lot 3 Window on page 7 is a Special By-Law, not an ordinary one.
There is another Special By-Law 4, related to Satellite Dishes.
There are two Special By-Laws 5 for Smoking with DIFFERENT contents.
By-Law 13 on page 9 is invalid in its entirety as it was not approved at AGM 2017 and all reimbursements that might have been paid from common funds for private water and gas usage to selective townhouse owners (including one member of the Executive Committee who received those benefits without disclosure for several years) since 30 October 2017 are ILLEGAL.

Page 9 of the Minutes of the AGM 2017 (attachment SP52948-Special-By-Law-13-not-approved-24Oct2017.webp) confirms it:

Note: Proposed Special By-Law 13 was not approved in its current form. The strata committee is to
review the charges being incurred for water and gas supply by the townhouse and unit owners and
amend the by-law to ensure it is equitable.

The response from Mr. Robert Crosbie from Waratah Strata Management on 21 June 2018 does not even acknowledge he had already registered Consolidated By-Laws on 30 October 2017.

Crittenden Lawyers were politely asked to answer these simple questions and they declined:

1. Have Crittenden Lawyers been continuously involved in review of SP52948 since April 2017?

2. Have Crittenden Lawyers been involved in preventing Lot 158 Motions from AGM 2017 without legal or valid grounds?

3. Have Crittenden Lawyers been involved in secret registration of Consolidated By-Laws for SP52948 in any form, including advisory role?

4. Have Crittenden Lawyers been aware of Special By-Law 13 in secret Consolidated By-Laws, in spite of owners corporation decision not to approve it at AGM 2017?

5. What is the total amount of money paid by SP52948 for Crittenden Lawyers' services so far?

Police Investigations on CTTT Statutory Declaration and Insurance Claims for CTTT Defence Lot 3

Mr. Robert Crosbie from Waratah Strata Management mislead owners corporation in statement that Lot 158 had complained to Police about mismanagement by previous strata agency BCS Strata Management.

The Police Event was opened in August 2017 to investigate what are alleged to be indictable offenses (have no expiration date):

1. Alleged false statements in Statutory Declaration to Consumer, Trader, and Tenancy Tribunal (CTTT) on 19 April 2013,

2. Alleged fraudulent insurance claims for non-existent CTTT event from CHU Insurance without owners corporation approval at any general meeting or knowledge of Standard Costs Agreement, where four years after the events SP52948 owners were forced to repay $8,800.00 in 2017 (based on statements in minutes of the EC meeting in 2017):

Reason CTTT Defence/Lot 3
Claim Number NH201212589-01
Incident Date 12/06/2012
Payment Date 03/09/2012
Amount $367.64

Reason CTTT Defence Lot 3
Claim Number NH201212589-02
Incident Date 12/06/2012
Payment Date 07/12/2012
Amount $12,714.65

Reason CTTT Defence Lot 3
Claim Number NH201212589-03
Incident Date 12/06/2012
Payment Date 29/04/2013
Amount $1,320.00

Reason Defence Lot 3
Claim Number NH201212589-04
Incident Date 12/06/2012
Payment Date 29/04/2013
Amount $10,517.02

3. Missing evidence for eight emails listed in CTTT Statutory Declaration.

So far, based on the available information from the Police, Waratah Strata Management failed to provide access to missing eight emails - in essence hindering Police investigations.

I received firm confirmations from BCS Strata Management representative on 13 February 2018 and then from Dr. Adrian Carr (PICA Group Manager of Regulation & Licensee-in-Charge) on 20 July 2018, in which they both state that ALL strata files for SP52948 were delivered to Waratah Strata Management. Pica Group is parent company of BCS Strata Management.

At this stage, SP52948 seemingly fails, with, or without knowledge of the events, to co-operate with the Police.

Additional steps have been taken to ensure owners corporation provide these files to the Police, or confirm if they were falsified, or confirm if somebody deleted the evidence.

Regards,