SP52948 Timeline of Events Related to Levies for Second gas Connection

This is a timeline of major events related to how BCS Strata Management and Waratah Strata Management collected levies for second gas connection that some SP52948 owners and Executive Committee members enjoyed without full disclosure in period 1999 to 2019 inclusive. During 9-year ivestigations, it has been uncovered, beyond any doubt, that a group of owners failed to pay correct levies for second gas connection, and that includes several members of the Executive Committee. The strata agencies and EC members with second gas connection did not disclose conflict of interest, some of them mislead the investigations of CTTT Tribunal and Fair Trading NSW, and acted as EC members while unfinancial (non-compliant with Strata Schemens Management Act 1996 and 2015):

Mrs. Lorna Zelenzuk, Lot 3
Mr. Upali Aranwela, Lot 62
Mrs. Marianna Paltikian, Lot 88
Mr. Ron Craig, Lot 163 (deceased)
Mr. Stephen Luxmoore, Lot 175
Mr. Moses Levitt, Lot 147
Mr. Stan Pogorelsky, Lot 181
Mr. Costa Akanis, Lot 192

Townhouses that have second gas connections but were receiving reimbursements for private gas usage for many years:

Lots 194, 199, 206, and 209

Strata plan SP52948 limits number of committee members to nine in any financial year. If the number of valid candidates is less than nine, then all of them become members of the committee automatically unless there is a recorded decision to have less than nine members in the Minutes of the meeting.

Based on comprehensive evidence, Lot 158 was/is a valid member of the Executive Committee in the following years due to the following owners not declaring second gas connection and not paying prescribed levies (including 10% simple interest for overdue levies per year):

FY 2013, two unfinancial members on the committee: Lot 147, Lot 181 (total number of candidates: 10, selected 9, two not valid, hence Lot 158 should have been automatically elected on 17 October 2012)

FY 2015, two unfinancial members on the committee: Lot 147, Lot 181 (total number of candidates: 10, selected 9, two not valid, hence Lot 158 should have been automatically elected on 26 November 2014)

FY 2018, three unfinancial members on the committee: Lot 88, Lot 147, Lot 181 (total number of candidates: 11, selected 9, three not valid, hence Lot 158 should have been automatically elected on 18 October 2017)

FY 2019, three unfinancial members on the committee: Lot 88, Lot 147, Lot 181 (total number of candidates: 10, selected 9, three not valid, hence Lot 158 should have been automatically elected on 17 October 2018)

FY 2020, three unfinancial members on the committee: Lot 88, Lot 147, Lot 181 (total number of candidates: 10, selected 9, three not valid, hence Lot 158 should have been automatically elected)

Strata agencies and EC members have been repeatedly asked to comply with strata laws and publish correct onformation for owners, which they declined.

Strata levies must be paid even when receipt of levy notice is missing. As regulated by Fair Trading:

Each owner and/or property manager needs to be aware of their owners corporation levy cycle.

If money is not received to the trust account at the end of one month after it is due and payable, it bears interest at the rate of 10% (as prescribed by the regulations) from the due date until it is paid.

Owners corporation may, by special resolution at general meeting, determine (either generally or in particular case) that a contribution is to bear no interest.

Strata manager does not have authority to waive the interest as it is not money owing to the strata manager.

The Courts have determined that non-receipt of a levy notice is not a sufficient reason for non-payment.

If a lot is sold and there are unpaid levies, then both the owner at the time the contributions were levies and the new owner are jointly and severally liable for the payment of the contribution and the interest payable.