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
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).
SP52948 has lot of trees that require regular maintenance, which is not implemented properly.
Over last 27 years of the complex, there were number of incidents with fallen trees, with near-misses for lives and properties.
Gum trees, also referred to as Eucalyptus trees, are one of the more expensive trees to remove due to their hard timber and sheer size.
Gum tree removal costs an average of $3,450.00.
Gum trees are native to Australia and protected by most local councils.
Proper tree maintenance habits may save cost on tree removal. The most important ones are pruning and trimming. Shaping or pruning the tree will control the growth and spread of the tree on your property and you may not have the need to remove them for a long time.
Example of City of Ryde Council sending replacement tree reminder to Uniqueco Property Services (via letter to BCS Strata Management in Epping) on 18 August 2017:
Such information is always hidden from owners by strata and building managers, leaving owners and investors completely unaware of quality of services they provide.
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Large fallen tree from the edge of the property onto Fontenoy Road, damaging car and barely missing to kill passers-by on 9 March 2022:
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In the same location as event with fallen tree on 9 March 2022, on 1 May 2020, large branch from SP52948 property fell towards Fontenoy Road:
In the same location as event with fallen tree on 9 March 2022, on 23 December 2018, large branch from SP52948 property fell towards Fontenoy Road:
In the same location as event with fallen tree on 9 March 2022, almost a year earlier on 5 July 2021, large branch from SP52948 property fell towards Fontenoy Road:
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This is a predictive outcome after number of near-misses to cause human losses or damage properties in Fontenoy Road. Heavy leaning trees are just waiting for a disaster. Lot 158 tried to warn building management and strata management staff - in vain. Lot 158 warned about danger of unpruned trees on Fontenoy Road and within SP52948 many times, one example is photo taken on 1 May 2020:
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Just couple of meters away from the fallen tree on 9 March 2022, on 7 October 2019, large branch from SP52948 property fell towards Fontenoy Road:
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On 19 July 2015, large tree behind SP52948 townhouse 205 fell on neighbouring property, closely missing to hit roof of a townhouse - Steve Vogel cleaned the debris at cost of $3,450.00 (GST incl):
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Eroded land near and behind townhouses in SP52948 is a disaster waiting to happen - example of soil near the event on 9 March 2022 showing land sliding risks after fallen tree in late 2018 as per photo taken on 6 August 2020:
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Tree falling on bus-stop cover from SP52948 property - still unrepaired since 16 March 2015:
Example of long-term unrepaired damage to City of Ryde property (bus stop that was damaged by fallen tree from SP52948 garden) on 13 November 2022:
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Tree falling on bus-stop cover from SP52948 property near bus stop on Fontenoy Road on 7 April 2021:
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Just couple of meters away from the fallen tree on 9 March 2022, large fallen tree branch towards Fontenoy Road on 25 December 2020 which was not cleaned by maintenance staff until 10 February 2021 (month and a half after the accident):
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Tree falling just opposite SP52948 property - on Fontenoy Road on 29 November 2020:
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Another incident with fallen large tree behind bus stop near Block C was recorded on 21 March 2022, and in spite of maintenance staff being onsite it did not appear anyone was attending to the event:
Random check uncovered danger of collapsing fence towards Lane Cove Road on 21 June 2022 - proper remediation work would include removing or trimming large tree leaning on the fence:
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Example of fallen tree behind townhouses on 23 November 2022:
Fallen tree on Fontenoy Road on 18 February 2023, which was not cleared until morning on 19 February 2023, in spite of Uniqueco Property Services staff being on site most of the time:
On 23 August 2023, evidence of SP52948 risk of collapsing trees and branches was collected in towards Fontenoy Road:
On 31 August 2023, two healthy trees were severely pruned, due to ex-committee member Mrs. Maureen McDonald complaint in early August 2023:
These trees were much smaller danger and did not cause significant growth over the private fence of Lot 151, unlike other trees in the complex, as examples in Block C and D show on 31 August 2023.
Block D:
Block C:
Lot 151 has history of special privileges, which many other owners do not have in the complex:
By her own statements presented multiple times in the past, Mrs. Maureen McDonald boasted about receiving free key fobs from BCS Strata Management.
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When change or damage has been caused by work undertaken by an owner who did not receive consent from the owner’s corporation, it is the owner’s own responsibility. Courts have held that when considering maintenance and reparation to be the owners corporation’s responsibility, it must be in relation to the ORIGINAL common property, not in relation to alterations or additions that have been made by an owner without permission. This was concluded in The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 and the case of Krimbogiannis.
If an owner wants to keep the unauthorised alterations, a by-law needs to be made to permit this (full costs of organising Extraordinary General Meeting and by-law registration must be borne by Mrs. Maureen McDonald). This new by-law should impose on the owner the obligation to maintain and repair the works. If the owners corporation does not want to work to remain, an order by NCAT should be made to require the owner to remove the work, or for the owner to allow the owners corporation to remove the work. Section 132 of the SSMA allows for NCAT to make an order that the owner that performed the work takes steps to repair the damage, or an order that the owner to pay the owners corporation the cost of repairs of the damage.
On 20 September 2023, fallen branches from tree on SP52948 common property damaged fence towards Fontenoy Road, near bus stop - very lucky that this repeated issue did not hurt anyone. Staff of Uniqueco Property Service hid the damaged fence planet behind the column in the little-visited area of basement:
Security in the complex was further increased by missing panel on the fence towards Fontenoy Road, which is in a high-traffic pedestrian area:
Two months later, the problem was still unresolved on 12 November 2023:
On 9 November 2023, an urgent notice was published about removal of large tree near the entrance to the complex:
Video taken on 12 November 2023 shows the area to be cleaned up:
SP52948-notice-overdue-large-tree-removal-12Nov2023
There was no evidence of multiple quotes being obtained for this expensive work as of 13 November 2023, nor was there any committee meeting to make this decision, or evidence that City of Ryde Council approved the removal:
Large tree removal near the entrance to the complex on 13 November 2023:
Not only there was no evidence of multiple quotes being obtained for this expensive work, but also need to use crane was questionable, as Lot 158 personally witnessed large tree removals without cranes in other properties throughout Sydney and Central Coast:
There were lot of other large trees facing Fontenoy Road that needed serious pruning or complete removal:
Tree removal near letterboxes was incomplete on 13 November 2023. Large stump could not be "unseen":
Stumps are not just an eyesore - they pose serious risks, including:
Property damage: sometimes, the roots of the tree stump will continue growing even after the tree has been cut down.
Pests and insect infestations: when left in place, a tree stump decomposes with the help of organisms. Ant species will move in, such as carpenter ants, and start building nests in the stump. These ants will eventually start appearing elsewhere, including in other trees, plants, and even in homes. Termites, beetles, wood wasps, snakes, rodents, fungi, and diseases can also live in a tree stump and eventually spread to other trees, shrubs, and homes, becoming costly and time-consuming to get rid of.
Unsightly and invasive: obstructing the space in a yard and landscape.
Safety hazard: tree stumps are a safety hazard to anyone walking or playing in the yard, especially children. Along with being a tripping and toe-stubbing hazard, a tree stump can also injure someone who falls onto it. And when doing landscape maintenance, one would need to work around it.
Aesthetics and space: they are often considered eyesores that reduce the property appeal and property value of homes.
Continued tree growth: tree stumps can lead to new tree growth around the stump. These are difficult and costly to remove as new shoots often keep coming back. Such trees can also leech moisture and nutrients from plants nearby, preventing garden and landscape from thriving.
One of dangerous trees near townhouses, which was leaning townards Fontenoy Road was finally cut in mid-December 2023, but number of other trees are still outstanding for same action:
On 26 March 2024, large branch fell in garden area behind Block C:
Fence towards bus stop on Fontenoy Road still not repaired since 20 September 2023 as of 15 December 2023, when a fallen branches from tree on SP52948 common property damaged the fence. Staff of Uniqueco Property Service hid the damaged fence plate behind the column in the little-visited area of basement:
Almost seven months later, the problem was still present and creating unmonitored access to complex, as of 7 April 2024:
SP52948-unrepaired-fence-due-to-fallen-branch-since-20Sep2023-as-of-7Apr2024 (video)
On 7 April 2024 another damage of common property due to fallen branch was detected:
SP52948-fallen-branch-damaged-common-property-7Apr2024 (video)
The status of this damage on 8 and 9 April 2024:
Uniqueco Property Services and Waratah Strata Management still refuse to repair public property since 2015 - bus stop cover on Fontenoy Road which was damaged by fallen tree:
On 17 April 2024 Unqueco Property Services organised insufficient prunning of a tree which had already caused multiple incidents:
The risks of other incidents was still high as many trees were overdue for prunning within the complex:
