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 Unpaid Gas Heating Levies Since 1999
- BCS Strata Management and Waratah Strata Management withheld information from owner that a group of owners, including several who were allowed to be elected on committee and vote, whilst unfinancial.
BCS Strata Management (until 31 January 2017) and Waratah Strata Management (since 1 February 2017) failed to collect prescribed levies (including 10% simple interest per year for overdue levies) and failed to properly audit gas heating connections:
Both strata companies were approached many times to assist CTTT, NCAT, Fair Trading NSW, and they refused to comply.
All SP52948 owners (of which several were even allowed to be on the committee and vote: Mr. Stan Pogorelsky, Mr. Moses Levitt, Mrs. Lorna Zelenzuk, Mr. Upali Aranwela, to list a few) with unpaid gas heating levies were approached many times, and they refused to respond, and instead engaged in vicious attacks against Lot 158 including threats, intimidation, harrassment, and exposure to ridicule.
These invoices, which BCS Strata Management and Waratah Strata Management hide from owners, show how much a group of owners caused significant losses in common funds due to their unpaid gas heative levies:
SP52948-Lot-3-Lorna-Zelenzuk-invoice-for-incomplete-gas-heating-levies-on-24Jun2016
SP52948-Lot-3-Lorna-Zelenzuk-invoice-for-incomplete-gas-heating-levies-on-17Jul2015
SP52948-Lot-3-Lorna-Zelenzuk-invoice-for-incomplete-gas-heating-levies-on-30Dec2015
SP52948-Lot-3-Lorna-Zelenzuk-invoice-for-incomplete-gas-heating-levies-on-24Mar2016
Lot 181 (long-term committee member Mr. Stan Pogorelsky) is as a perfect example of how serious losses in common funds can be due to unpaid levies.
Mr. Stan Pogorelsky even admitted incorrect gas levy payments in secret corrrespondence with strata manager, but never allowed owners to have such information or offer to fully compensate owners corporation for lost income:
Mr. Stan Pogorelsky, by own admission (who did not share it with owners), paid $50.00 for gas heating in FY 2001. In this secret spreadsheet, he also submitted that GST applied from 2002, whilst the fact is that GST was introduced on 1 July 2000, and admitted that he did not pay for FY 2012 and 2013, ignoring the fact that levies had to be paid even if invoice had been lost or not sent.
The amount owing in FY 2001 was $170.00 (GST incl), as per decision at committee meeting on 21 July 1999, to be applied retrospectively:
Whilst Mr. Stan Pogorelsky (and group of other owners) secretly refused to pay correct gas heating levies, he actively prevented other owners to vote at general meetings. Extract from AGM 2013 paperwork showing three proxy votes being given to Lot 147 who was unfinancial, one proxy vote to Lot 181 who was unfinancial, six proxy votes given to fully-financial Lot 158 where two were disallowed for $0.10 and $5.40 outstanding levies, and number of owners who were allowed to vote (including ex-committee members Lot 3 and Lot 62) whilst unfinancial. The following owners were prevented to vote at AGM 2013, although their outstanding amount owing was small:
Lot 98 (owing $0.10)
Lot 111 (owing $5.40)
Lot 203 (owing $8.66)
Lot 212 (owing $3.87)
At AGM 2012, Mr. Stan Pogorelsky actively allowed owners who wed $1.46, $2,30, and $3.01 to be counted at valid (double standards):
Mr. Stan Pogorelsky never paid those outstanding levies, as per his own admission. In 2023, just for unpaid gas heating levies in singe financial year - 2001, with 10% simple interest per year, he owed $544.00 to owners corporation (that figure becomes much higher when all other outstanding years are added):
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Example of Lot 3, Mrs. Lorna Zelenzuk, who was incorrectly charged only $55.00 per year in period from 2000 to 2015 on 17 July 2015, without charging correct levy in amount of $220.00 per year and 10% simple interest for each year of outstanding levies that aplied since 1999:
Example of Lot 147, Mr. Moses Levitt, who was incorrectly charged only $55.00 per year in period from 2000 to 2015, with reminder to pay for 2012 and 2013 on 15 July 2016, without charging correct levy in amount of $220.00 per year and 10% simple interest for each year of outstanding levies that applied since 1999:
Mr. Moses Levitt made two personal submissions to CTTT in cases SCS 12/05845 on 5 March 2012 and SCS 12/50460 on 23 June 2013 whilst unfinancial to be a member of the committee or have rights to vote - Mr. Moses Levitt failed to declare his outstanding levies to CTTT:
Mr. Moses Levitt also organised vicious campaign to collect signatures from owners to coerce CTTT in case SCS 11/00711 to ignore Lot 158 submissions on 28 February 2011 (the signatures include group of owners who were unfinancial due to unpaid levies for gas heating):
Example of Lot 181, Mr. Stan Pogorelsky, who was incorrectly charged only $55.00 per year in period from 2000 to 2015, with reminder to pay for 2012 and 2013 on 15 July 2016, without charging correct levy in amount of $220.00 per year and 10% simple interest for each year of outstanding levies that applied since 1999:
Mr. Stan Pogorelsky made two personal submissions to CTTT in cases SCS 11/00711 on 20 February 2011 and SCS 12/05845 on 10 March 2012 whilst unfinancial to be a member of the committee or have rights to vote - Mr. Stan Pogorelsky failed to declare his outstanding levies to CTTT:
Example of Lot 62, Mr. Upali Aranwela, who was incorrectly charged only $55.00 per year in period from 2000 to 2015, with reminder to pay for 2012 on 15 July 2016, without charging correct levy in amount of $220.00 per year and 10% simple interest for each year of outstanding levies that applied since 1999:
Mr. Upali Aranwela personal submission to CTTT in cases SCS 11/00711 on 26 February 2011 whilst unfinancial to be a member of the committee or have rights to vote - Mr. Aranwela failed to declare his outstanding levies to CTTT:
Secret invoice sent by BCS Strata Management to a group of 13 owners for overdue gas heating levies on 1 August 2016, without disclosure to owners:
In FY 2013, Assistant Treasurer was Mrs. Maureen McDonald, who had direct duty to monitor and manage the accounts and payments (including overdue levy payments), as per committee meeting dated 22 October 2012:
A secret handwritten note by Waratah Strata Management shows they had knowledge of three townhouse owners (194, 199, and 206) getting reimbursements for private gas usage whilst not paying any levies for additional connection for gas heating:
Undisclosed to owners, written notes by Waratah Strata Management plan not to deal with unpaid gas levies in July 2017:
On 29 March 2019, Waratah Strata Management created two versions of gas heating levies for previous financial year (2018), without disclosure to owners:
SP52948-Waratah-Strata-Management-proposed-levies-for-gas-heating-version-1-29Mar2019.pdf.
SP52948-Waratah-Strata-Management-proposed-levies-for-gas-heating-version-2-29Mar2019.pdf.
Secret handwritten note by Waratah Strata Management for committee meeting in February 2019, where Mr. Robert Crosbie confirmed that gas heating levies were not paid in 2016 too (information about levies set to $220.00 on 27 November 2013 was inaccurate and misleading):
This is how Waratah Strata Management and committee members manipulated meetings, with special emphasis on Annual General Meeting on 19 October 2019, when they allegedly "decided" to waive overdue levies, at huge loss to owners corporation:
Waratah Strata Management and committee members openly mislead owners, because Mr. Stan Pogorelsky (Lot 158 has these statements for other unfinancial owners who had gas heating connections) did not pay any gas heating levies in period from 1 February 2015 to 30 January 2027 apart from $311.66 which allegedly covered all periods up to 31 October 2015:
SP52948-Lot-181-statement-of-account-receipts-1Feb2015-to-30Jan2017-part-1
SP52948-Lot-181-statement-of-account-receipts-1Feb2015-to-30Jan2017-part-2
Alleged ransomware attack against Waratah Strata Management in early February 2019, with secret Bitcoin ransom payment in amount of $5,052.03 without disclosure who paid it but it was not disclosed in minutes of any committee or general meeting:
Waratah Strata Management used this alleged event to make a claim that gas heating levies were "lost" for financial year that ended on 31 August 2018 (five months before alleged ransomware attack) in minutes of committee meeting on 21 March 2019:
Waratah Strata Management and committee members never provided evidence about alleged data losses and ransomware payment.
Ordinary resolution for Motion 14 at AGM 2019 can be rescinded at any general meeting, especially since the AGM 2019 was non-compliant with strata laws (unfinancial owners approved Motion 14 before Motion 4 and elected unfinancial committee members who then voted against paying overdue levies) and delayed collection of gas heating levies as shown in extract from committee meeting on 20 July 2017 who delayed actions for two years and three months):
SP52948-non-compliant-committee-meeting-20Jul2017
Extract from agenda for AGM 2019 (without owners having true information about overdue levies):
Extract from minutes of the AGM 2019, without disclosure of tens of thousands of dollars losses to owners corporation:
Example of Lot 158 attempts to introduce equitable and anti-discriminatory gas and water reimbursements and levies for all owners in the complex at AGM 2020:
Waratah Strata Management selectively applies charges for overdue levies. Here is an example of Lot 86 who did not pay levy arrears in 2017, without approval at general meeting or disclosure to owners, directly discriminating againts law-abiding owners and investors:
Waratah Strata Management selectively applies charges for overdue levies. Here is an example of Lot 167 who did not pay levy arrears in 2017, without approval at general meeting or disclosure to owners, directly discriminating againts law-abiding owners and investors:
Ask Mr. Stan Pogorelsky why he insisted on preventing owners to recover his unpaid levies at general meetings, including AGM and EGM in 2023:
