Waratah Strata Management in large strata complex SP52948

Primary audience on the website are owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948. Attempts to get Waratah Strata Management to keep all parties informed has been ignored since 1 February 2017. Strata files are kept undisclosed and even events like mediation at Fair Trading NSW, NCAT case SC 20/33352, Police Events, and OLSC reports about professional misconduct of Solicitor are not provided to owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948.

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.

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:

SP52948-statutory-declaration-for-NCAT-case-20/33352-which-Waratah-Strata-Management-refused-to-provide-to-owners-Aug2020

  1. 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).

  2. Should these figures for SP52948 Admin Fund balance sheet raise concerns and why is Waratah Strata Management preventing owners and investors from having this information (more detailed spreadsheet with Admin Fund balances, which starts with 31 January 2017 when Waratah Strata Management took office from BCS Strata Management with inherited positive balance of $129,704.57 whilst Admin Fund had negative balance of $93,147.13 on 29 April 2022):

    SP52948-abridged-summary-of-effects-of-Waratah-Strata-Management-on-Balance-Sheet-from-31Jan2017-to-29Apr2022.png

    To illustrate the lack of proper planning, here is an example of a huge discrepancy between levies for SP52948 property with entitlement 47.00 (three bedroom apartment) in period 1998 to 2021 and Admin/Capital Works Funds (levies are artificially kept low in spite of dire needs for major upgrades and maintenance):

    SP52948-Lot-entitlement-47.00-levy-increases-1998-to-2021.png

    To raise further concerns, SP52948 extract from minutes EC meeting on 23 September 2021 documents shortage of $1,515,541.00 in Capital Works Fund against the forecast in April 2017 that was allegedly approved without general meeting:

    SP52948-minutes-EC-meeting-23Sep2021-Capital-Works-Fund-shortage-of-1.5-millions.png

    This email from Lot 158 shows the risk of lack of planning but Waratah Strata Management did not allow it to be shared with owners:

    SP52948-Lot-158-warning-about-1.5-million-deficit-in-Capital-Works-Fund-1Oct2021.

    Annual general meeting was held on 28 October 2021, and no owner received email or printed copy of rushed updates to Capital Works Fund which simply delayed all major repairs, effectively made balance looked artificially positive:

    SP52948-waratahstrata.com.au-website-Documents-folder-part-1-14Oct2021. Agenda for AGM 2021 was dispatched on 7 October 2021 and BIV's updated Capital Works Fund plan was created a day earlier:

    10-Year Capital Works Fund assessement on 6 October 2021 but not presented to owners corporation to approve or vote at general meeting on 28 October 2021

    Even layman can easily find the problems with latest BIV report: SP52948-discrepancies-in-BIV-report-for-10-Capital-Works-Fund-in-2017-and-2021

  3. Owners in SP52948 can ask for access to unredacted files through these Waratah Strata Management and committee members who all had special access rights: Mr. Robert Crosbie, Mr. Stuart Greene, Mr. Stan Pogorelsky, Mr. Moses Levitt, Mr. John Gore, Mrs. Marianna Paltikian, Mr. Jeffery Wang, and Mr. Thomas Karolewski. Negative balance sheet in Admin Fund is one of regular events which should worry every reasonable person:

    SP52948-examples-of-negative-balances-in-owners-funds.png

    Example of Admin Fund with negative balance of $116,068.14 on 30 January 2022 (2 days before next collection of levies is due on 1 February 2022):

    SP52948-balance-sheet-for-Admin-Fund-30Jan2022.png

  4. Committee members were notified about concerns of having financial problems and asked to inform all owners about it, but their decision at non-compliant committee meeting on 10 February 2022 shows how they acted:

    SP52948-extract-from-minutes-committee-meeting-with-instruction-to-ignore-Lot-158-correspondence-10Feb2022.png

    Due to poor planning and lack of funds, at Annual General Meeting on 5 October 2000, BCS Strata Management and committee members introduced special levies in amount of $100,000.00:

    SP52948-special-levies-introduced-due-to-lack-of-funds-and-proper-planning-AGM-5Oct2000.png

  5. On 3 February 2022, six current and previous committee members were asked to inform all owners about significant negative balances in common funds and assist NCAT in case SC 20/33352 and Office of Legal Services Commissioner case CAS005901 (latter case is for persistent and deliberate professional misconduct of Solicitor)

  6. SP52948 Balance Status on 17 October 2019, Admin Fund had negative balance of $131,852.25 on the day of general meeting without disclosure to owners, Fair Trading NSW, Office of Legal Services Commissioner, and NCAT.

    At general meeting in 2019, trying to prevent owners of Lot 158 to raise questions about finance and maintenance, Waratah Strata Management and committee members "approved" $150,000.00 to be spent on defamation case against Lot 158, without giving owners information that Waratah Strata Management and committee members already engaged Solicitor who prepared 13-page document before the AGM and tried to force Lot 158 into signing preposterous Deed. In financial statements for FY 2020, in spite of extensive legal involvement, Waratah Strata Management logged only $2,940.00 for legal costs:

    SP52948-allegedly-approved-engagement-of-Solicitor-at-AGM-2019.png

    No owner has ever seen or received a copy of Solicitor's Standard Costs Agreement, nor was it provided to owners to vote at the general meeting

    There is one small technicality about the meeting, which Solicitor, Waratah Strata Management, and committee members could not defend in NCAT case 20/33352, but simply refuted it without evidence, coercing Tribunal member into accepting illegal meeting because it was "too difficult and complex to invalidate the decisions", in spite of NCAT having full knowledge that AGM 2020 was also non-compliant and could not have been accepted as valid to ratify Minutes of AGM 2019:

    SP52948-extract-from-Lot-158-Statutory-declaration-to-NCAT-case-20-33352-with-evidence-of-non-compliant-general-meeting-2019-which-did-not-satisfy-quorum-and-allowed-unfinancial-owners-to-vote.png

  7. SP52948 Balance Status on 22 October 2020, Admin Fund had balance of only $14,411.82 (nine days before next collection of levies on 1 November 2020). This balance, on the day of general meeting on 22 October 2020, was not disclosed to owners, Fair Trading NSW, Office of Legal Services Commissioner, and NCAT

  8. In secret email to Fair Trading NSW on 17 May 2019, Waratah Strata Management confirmed that democracy applied to all and then continued to make false statements which Lot 158 never made:

    SP52948-Waratah-Strata-Management-email-to-Fair-Trading-NSW-with-their-definition-of-democracy-17May2019.png

  9. Waratah Strata Management urging Police not to investigate whilst refusing access to files with evidence of fraud that Lot 158 alleged in April 2018:

    SP52948-Waratah-Strata-Management-urging-Police-not-to-investigate-whilst-refusing-access-to-files-with-evidence-of-fraud-that-Lot-owner-alleges-Apr2018.png

  10. Waratah Strata Management bluntly confirming to Fair Trading NSW that they would not provide Strata Roll to Lot 158, in clear non-compliance with SSMA 2015 and SSMR 2016, on 20 May 2019:

    SP52948-Waratah-Strata-Management-preventing-owner-from-access-to-Strata-Roll-and-urging-Fair-Trading-NSW-to-do-the-same-20May2019.png

  11. At Annual General Meeting in October 2020, Lot 158 gave opportunity to owners corporation to ratify many past events, including "Motion: Ratify emails sent to Fair Trading NSW and the Police by Waratah Strata Management urging them not to investigate":

  12. At Annual General Meeting on 22 October 2020, owners corporation allegedly did not approve ratification of past events, making all such events void and invalid:

    SP52948-AGM-2020-all-Lot-158-Motions-for-ratification-of-past-events-not-approved.png

  13. Waratah Strata Management claims that they "provide personal, professional guidance and advice on all issues that strata owners may encounter and promptly attend to all maintenance issues and general enquiries". And here are some of open work orders not completed for longer than a year as of late February 2022:

    SP52948-waratahstrata.com.au-website-Maintenance-Open-Work-Orders-page-1-30Jan2022.png

  14. Extract from minutes of committee meeting on 29 April 2021, confirming that fire and OH&S safety will be ignored:

    SP52948-extract-from-EC-meeting-ignoring-Lot-158-repeated-complaints-about-fire-safety-and-other-maintenance-29Apr2021.png

    ...even when Ryde Council makes orders for repairs:

    SP52948-extract-from-minutes-EC-meeting-15Jul2021.png

    And in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.png

  15. Five months after Core Consulting Engineers presented fire engineering report to Waratah Strata Management on 7 October 2021, which was not provided to owners or even discussed at general meeting on 28 October 2021, notice for committee meeting on 3 March 2022 which was not sent to all owners (Lot 158 did not receive any notice of meetings for three years), included the report, BUT did not include any details of annual fire safety audit for 2022 (of special interest are number of owners whose smoke alarms are older than 10 years - in October 2021, Lot 49 and 158 forced owners corporation to replace both of them in each unit):

    SP52948-fire-engineering-report-dated-7Oct2021-only-presented-to-some-owners-five-months-later-and-not-sent-to-all-owners-on-3Mar2022.png

  16. Extracts for notice for committee meeting on 3 March 2022 (which was not sent to all owners) shows that problems continue in spite of stringent requirements to comply with safety regulations:

    SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-1.png SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-2.png

    SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-3.png SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-4.png

    SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-5.png SP52948-ongoing-fire-safety-issues-extract-from-committee-meeting-on-3Mar2022-part-7.png

  17. In minutes of alleged committee meeting on 3 March 2022, further delays in rectifying safety issues were recorded:

    SP52948-extract-from-minutes-EC-meeting-further-delays-in-rectifying-safety-issues-3Mar2022.png

  18. Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block A belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021, and two units (Lots 152 and 162) were still listed for repairs on 22 March 2022:

    SP52948-Block-A-notice-for-fire-safety-repairs-inside-units-starting-on-29Jun2021.png SP52948-Block-A-fire-safety-repairs-starting-on-7Oct2021.png SP52948-Block-A-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022.png

    All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block A as per notice published on 21 March 2022:

    SP52948-Block-A-notice-for-smoke-alarm-replacements-on-26Mar2022-published-on-21Mar2022.png

    As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.png

  19. Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block B belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021, and six units (Lots 15, 16, 24, 29, 47, and 48) were still listed for repairs on 22 March 2022:

    SP52948-Block-B-notice-for-fire-safety-repairs-inside-units-starting-on-29Jun2021.png SP52948-Block-B-fire-safety-repairs-starting-on-6Oct2021.png SP52948-Block-B-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022.png

    All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block B as per notice published on 21 March 2022:

    SP52948-Block-B-notice-for-smoke-alarm-replacements-on-26Mar2022-published-on-21Mar2022.png

    As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.png

  20. Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block C belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021, and one unit (Lots 61) was still listed for repairs on 22 March 2022:

    SP52948-Block-C-notice-for-fire-safety-repairs-inside-units-starting-on-29Jun2021.png SP52948-Block-C-fire-safety-repairs-starting-on-7Oct2021.png SP52948-Block-C-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022.png

    All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block C as per notice published on 21 March 2022:

    SP52948-Block-C-notice-for-smoke-alarm-replacements-on-26Mar2022-published-on-21Mar2022.png

    As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.png

  21. Annual fire safety inspections are always conducted in January of each year, with tasks to rectify problems to be completed before providing City of Ryde Council with the report in March/April. Waratah Strata Management hides annual fire safety inspection reports from owners and they are not available even during paid document searches. Here are examples of Block D belated repairs in 2021 and 2022, where units listed on 29 June 2021 were again listed on 7 October 2021:

    SP52948-Block-D-notice-for-fire-safety-repairs-inside-units-starting-on-29Jun2021.png SP52948-Block-D-fire-safety-repairs-starting-on-7Oct2021.png SP52948-Block-D-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022.png

    All of a sudden, as initiated by Lot 158 in talks with Ryde Council staff on 15 March 2022, strata manager and maintenance staff were forced to conduct smoke alarm replacements in Block D as per notice published on 21 March 2022:

    SP52948-Block-D-notice-for-smoke-alarm-replacements-on-26Mar2022-published-on-21Mar2022.png

    As a reminder, in agenda for Annual General Meeting sent to owners on 7 October 2021, Waratah Strata Management and committee members confirmed ongoing problems with fire safety and known issues with replacing smoke alarms, without giving owners information that smoke alarms were common property and had to be maintained by owners corporation, not because committee members "decided to do it":

    SP52948-extract-from-agenda-for-Annual-General-Meeting-confirming-fire-safety-problems-7Oct2021.png

  22. In spite of repeated and persistent reports of neglected common property items, Lot 158 has four open items as on March 2022, which have been neglected by Waratah Strata Management and building maintenance staff. Even official statement that Lot 158 will initiate NCAT case to enforce compliance with strata laws unless owners corporation takes immediate remediation steps were ignored since 27 February 2022:

    1. Fire safety checks for external door and two smoke alarms for 2022 (not done in the first visit in January 2022 due to illness of occupants in Lot 158),

    2. Water leak damages near lighting on ceiling in sun-room (unresolved since September 2020),<.LI>

    3. All intercom access points were scheduled to be tested in Block A on 10 February 2022. Lot 158 complained about their device not working occasionally several times and no repair or checks were done. On 10 February 2022, Lot 158 was not visited by H&T Security,

    4. Third event with horrific window frame being blown on sun-room happened in complex on 29 November 2020 (this time it was Lot 190 on level 7 in Block A). There is an outstanding task to check all sun-rooms in Block A since 1 December 2020 and this task has not been completed, at least not in Lot 158.

    When fire safety inspection is not completed in the first visit, it is a legal requirement to do it in an additional inspection, like these examples show for 2020 where 70 out of 192 units in four buildings had to be checked again:

    SP52948-second-fire-safety-inspection-to-16-Block-A-units-due-to-lack-of-access-10Mar2020.png SP52948-second-fire-safety-inspection-to-13-Block-B-units-due-to-lack-of-access-10Mar2020.png SP52948-second-fire-safety-inspection-to-22-Block-C-units-due-to-lack-of-access-10Mar2020.png

    SP52948-second-fire-safety-inspection-to-19-Block-D-units-due-to-lack-of-access-10Mar2020.png

    Second visit to units who were not inspected in January 2022 was not completed and there is a probability that fire safety submission to Ryde Council will not declare it.

    More than three weeks after alleged two-week repairs in Block A were due to be completed, they were still ongoing, as per notice in Block A on 13 April 2022:

    SP52948-Block-A-notice-for-fire-safety-repairs-inside-units-starting-on-22Mar2022-and-still-unresolved-three-weeks-later-13Apr2022.png

  23. Admin Fund had negative balance of $16,236.00 on 11 March 2022, more than one and a half months before next collection of levies on 1 May 2022 (owners did not receive any information about financial status):

    SP52948-balance-sheet-for-Admin-Fund-11Mar2022.png

  24. Admin Fund had negative balance of $61,745.99 on 13 April 2022, 17 days before next collection of levies on 1 May 2022 (owners did not receive any information about financial status):

    SP52948-balance-sheet-for-Admin-Fund-13Apr2022.png

  25. Admin Fund had negative balance of $86,877.20 on 23 April 2022, 7 days before next collection of levies on 1 May 2022 (owners did not receive any information about financial status):

    SP52948-balance-sheet-for-Admin-Fund-23Apr2022.png

  26. Admin Fund had negative balance of $93,147.13 on 29 April 2022, 3 days before next collection of levies on 1 May 2022 (owners did not receive any information about financial status):

    SP52948-balance-sheet-for-Admin-Fund-29Apr2022.png

  27. Photo taken in Lot 158 sunroom on 3 February 2022 shows that unrepaired water leak (fire and OH&S risks) is unresolved since September 2020:

    SP52948-Lot-158-damaged-ceiling-near-electrical-lighting-due-to-water-leaks-unrepaired-since-Sep2020-photo-4-taken-3Feb2022.jpg

  28. Admin Fund had negative balance of $61,745.99 on 13 April 2022, 17 days before next collection of levies on 1 May 2022 (owners did not receive any information about financial status):

    SP52948-balance-sheet-for-Admin-Fund-13Apr2022.png

  29. Admin Fund had negative balance of $86,877.20 on 23 April 2022, 7 days before next collection of levies on 1 May 2022 (owners did not receive any information about financial status):

    SP52948-balance-sheet-for-Admin-Fund-23Apr2022.png

  30. Admin Fund had negative balance of $93,147.13 on 29 April 2022, 3 days before next collection of levies on 1 May 2022 (owners did not receive any information about financial status):

    SP52948-balance-sheet-for-Admin-Fund-29Apr2022.png

  31. In a Google review, after one unhappy owner gave them bad rating, Waratah Strata Management made comment, which included this statement: "Please make your own judgment about whether this review is from a sensible, rational person." Likewise, every reader can be the judge and question if the submissions on this website are factual and truthful. Evidence is overwhelming and indisputable.

    On ProductReview website, Waratah Strata Management was rated one out of five stars and challenged to refute claims made by a customer - Waratah Strata Management stayed silent:

    Waratah Strata Management - One star is too much

  32. On 8 February 2022, Solicitor was requested to provide responce to Office of Legal Services Commissioner (OLSC), and five current and previous committee members were BCC-ed along with Office of Legal Services Commissioner and no reply was received from Solicitor , but OLSC made sudden decision that due to lack of evidence they were closing the case on 9 February 2022.

    The same afternoon, on 9 February 2022, Office of Legal Services Commissioner (OLSC) office was requested to reopen the case, or another person in SP52948 can open it due to fact OLSC failed to consider evidence - Solicitor and five committee members were requested to inform owners about all these event at meeting scheduled for 10 February 2022

  33. SP52948 Balance Status on 30 January 2022, Admin Fund has negative balance of $116,068.14 (2 days before next collection of levies is due on 1 February 2022)

  34. SP52948 Balance Status on 11 March 2022, Admin Fund has negative balance of $16,236.00 (more than one and a half months before next collection of levies is due on 1 May 2022)

  35. SP52948 Balance Status on 19 March 2022, Admin Fund has negative balance of $23,536.87 (around one and a half moths before next collection of levies is due on 1 May 2022)

  36. SP52948 Balance Status on 13 April 2022, Admin Fund has negative balance of $61,745.99 (17 days before next collection of levies is due on 1 May 2022)

  37. SP52948 Balance Status on 23 April 2022, Admin Fund has negative balance of $86,877.20 (7 days before next collection of levies is due on 1 May 2022)

  38. SP52948 Balance Status on 29 April 2022, Admin Fund has negative balance of $93,147.13 (3 days before next collection of levies is due on 1 May 2022)

  39. All listed files are part of PUBLIC NCAT case SC 20/33352 and provided to committee members and Waratah Strata Management to share with owners, which they declined.

  40. There was a committee meeting on 10 February 2022, with notice without detailed agenda sent only to some owners (Lot 158 did not receive it), and had no details of venue or time of the meeting (phantom meeting):

    SP52948-agenda-for-committee-without-venue-and-time-of-meeting-7Feb2022.png

    At the meeting, they allegedly made these decisions in Motion 6 (which also confirms that some owners are allowed to have access to some strata files - for example, Caretaker's contract details, whilst others do not):

    SP52948-extract-from-minutes-committee-meeting-with-instruction-to-ignore-Lot-158-correspondence-10Feb2022.png

  41. Minutes of committee meeting on 10 February 2022 were not published on notice boards, practically holding 209 owners (not including nine members of the committee) in complete darkness about issues in the complex. Photo evidence of notice boards was collected for each day after the alleged meeting.

  42. Information was withheld from owners that Waratah Strata Management and committee members received sufficient information during 2017, 2018, 2019, 2020, and 2021 that satisfies "on the balance of probabilities" and "beyond reasonable doubt" requirements for further investigations and law enforcement actions

    SP52948-Waratah-Strata-Management-and-EC-members-declined-to-attend-free-mediation-at-Fair-Trading-in-case-00351498-without-fully-notifying-owners-17Mar2020

    SP52948-statutory-declaration-for-NCAT-case-20/33352-which-Waratah-Strata-Management-refused-to-provide-to-owners-Aug2020

  43. Some of other attempts for free and open-minded mediations at Fair Trading NSW were REJECTED and IGNORED by BCS Strata Management and committee members in the past: 

    SM11/1348DR
SM12/1537JR
SM15/1226RH
00351498
Fair Trading NSW 5953035 (also involving Waratah Strata Management who did not notify owners or offer assistance to Fair Trading NSW)
Fair Trading NSW 6536692 (also involving Waratah Strata Management who did not notify owners or offer assistance to Fair Trading NSW) 
Fair Trading NSW 7563482 (also involving Waratah Strata Management who did not notify owners or offer assistance to Fair Trading NSW)
Fair Trading NSW 7938059 (also involving Waratah Strata Management who did not notify owners or offer assistance to Fair Trading NSW)

  44. SP52948 Balance Status on 22 October 2020, Admin Fund had balance of only $14,411.82 (nine days before next collection of levies on 1 November 2020). This balance, on the day of general meeting on 22 October 2020, was not disclosed to owners, Fair Trading NSW, Office of Legal Services Commissioner, and NCAT

  45. SP52948 Balance Status on 31 October 2021, Admin Fund had negative balance of $120,210.65 (one day before next collection of levies on 1 November 2021). This negative balance was extremely opposite from what Waratah Strata Management listed just three days earlier, on the day of general meeting on 28 October 2021 without disclosure to owners, Fair Trading NSW, Office of Legal Services Commissioner, and NCAT: SP52948 Balance Status on 28 October 2021, Admin Fund has alleged balance of $1,019.14 (three days before next collection of levies on 1 November 2021)

  46. SP52948-Waratah-Strata-Management-and-EC-members-declined-to-attend-free-mediation-at-Fair-Trading-in-case-00351498-without-fully-notifying-owners-17Mar2020

    47. SP52948-Lot-158-request-for-free-mediation-ignored-by-BCS-Strata-Management-10Oct2012

  47. Another example of how BCS Strata Management and commitete members prevented owners from having information about CTTT case SCS 12/50737 on 16 October 2013: SP52948-Lot-158-request-to-BCS-Strata-Management-to-notify-owners-about-CTTT-case-SCS-13/50737-16Oct2013

    Owners received brief notice about paper committee meeting scheduled for 12 March 2020 at 16:00 hours - the actual meeting was held five days after the scheduled time without notification to owners on 17 March 2020 at 09:30 hours (phantom meeting). In 2013, upon avice from Solicitor, another time-warped committee meeting was held, which also rejected free mediation at Fair Trading NSW and made four fraudulent insurance claims for legal costs in amount of $24,919.31 (plus GST): SP52948-BCS-Strata-Management-attempted-to-run-timewarped-EC-meeting-under-Solicitor-instructions-which-was-refuted-by-CTTT-decision-19Apr2013 (four years later owners corporation had to repay $8,800.00 as per SP52948-CHU-Insurance-requesting-repayment-for-insurance-claims-three-years-after-the-event-19Oct2016)

    Meeting actually occurred on 17 March 2020 at 09:00 hours, without any advance notice of change, effectively running non-compliant meeting that did not give any owner an opportunity to attend, or comment.

    At paper meeting on 17 March 2020, committee refused to attend free mediation in case 00351498 at Fair Trading NSW (precursor to NCAT SC 20/33352) without disclosure of information to owners corporation.

    SP52948-Wararath-Strata-Management-refusal-to-notify-owners-about-critical-issues-including-Fair-Trading-Mediation-and-expired-contract-for-strata-management-25Mar2020. Hiding information from owners is standard feature in SP52948 for 21 years and was introduced by previous strata managers at BCS Strata Management: SP52948-Lot-158-complaint-about-BCS-Strata-Management-hiding-CTTT-orders-in-case-SCS-12-50460-from-owners-24Apr2013. CTTT, without evidence, assumed that Solicitor was legal to repreente owners corporation in case SCS 12/50460 and also sent him warning about non-compliance: SP52948-CTTT-SCS-12-50460-Non-compliance-order-for-Secretary-and-Solicitor-7May2013

  48. SP52948-statutory-declaration-for-NCAT-case-20/33352-which-Waratah-Strata-Management-refused-to-provide-to-owners-Aug2020.pdf

    The following orders were requested:

  49. The case was temporarily dismissed by the Tribunal (why "temporarily" will be disclosed soon).

    Some of Tribunal decisions:

  50. On 24 April 2020, O'Brien Criminal & Civil Solicitors sent demands to Secretary of the owners corporation, requesting answers on the following:

  51. Timeline of events for anonymous death threat in 2013:

    Throughout February 2013, Solicitor was actively engaged in preventing access to strata documents, protecting own interests, exhibiting contempt of court (CTTT) in deliberate exercise with intent to interfere with the administration of justice SP52948-Solicitor-secret-involvement-in-preventing-access-to-strata-documents-without-owner-corporation-approval-extract-from-invoice-60252-dated-6Mar2013

    On 24 February 2013 at 19:45 hours, Lot 158 sent email to strata manager Peter Bone with the subject line "ADVANCED NOTICE: Peter Bone will be issued with CTTT summons to produce documents on 25 February 2013": SP52948-advance-notice-to-strata-manager-Peter-Bone-about-CTTT-summonses-24Feb2013

    Lot 158 submitted summonses on 25 February 2013 to CTTT, with updated version on 27 February 2013 (CTTT requsted the changes to the document): SP52948-Lot-158-summons-for-strata-manager-Peter-Bone-to-produce-documents-in-CTTT-case-SCS-12-32675-including-evidence-for-engagement-of-Solicitor-on-25Feb2013-with-updated-version-on-27Feb2013

    Day after notice of issue of summonses to strata manager Peter Bone, there was an anonymous phone call to Lot 158 on 26 February 2013 (male voice) with clear instruction to stop CTTT cases or risk own life, with suggestion to disappear from complex. Threat "urging" Lot 158 to disappear from complex was reported to Police (and ignored by them) in Event E45617744 on 6 October 2011: SP52948-anonymous-letterbox-message-for-Lot-158-6Oct2011

    Evidence that Solicitor knew about summonses for strata manager Peter Bone and was actively involved on 26 February 2013: SP52948-Solicitor-secret-involvement-in-preventing-issue-of-summonses-without-owner-corporation-approval-extract-from-invoice-60252-dated-6Mar2013.png

    Previous death threat (as usual, done via anonymous phone call): SP52948-CTTT-12-32675-Final-response-Lot-158-against-Solicitor-legal-costs-14Mar2013

    Waratah Strata Management and committee members stayed silent about attacks against Lot 158, including discrimination on religious basis (owners of Lot 147 Mr. and Mrs. Levitt called Lot 158 "non-believers" on number of occasions), on 17 May 2017

  52. 12 Police events for stalking, harassment, intimidation, and threats against Lot 158 by few maintenance staff, few committee members, and some tenants in the complex

  53. 8 request to obtain access to CCTV recordings for stalking, harassment, intimidation, and threats against Lot 158 were silently ignored by Waratah Strata Management, committee members, and maintenance staff (even Police did not get access to them)

  54. Attempts by Lot 158 to submit Motions about safety at general meetings were were silently ignored by Waratah Strata Management, committee members, and maintenance staff (as per recommendations by Solicitor in 2017)

  55. Since 2013, Solicitor, committee members, and strata managers (BCS Strata Management, and Waratah Strata Management from 2017) were aware that Lot 158 received even anonymous death threats for attempts to enforce compliance with laws and equal rights for owners:

  56. Waratah-Strata-Management-urging-Police-not-to-investigate-whilst-refusing-access-to-files-with-evidence-of-fraud-that-Lot-owner-alleges-13Apr2018

  57. SP52948-Waratah-Strata-Management-ignored-request-to-inform-owners-and-organise-Extraordinary-General-Meeting-and-deal-with-unfinancial-EC-members-19Jun2017

  58. Waratah-Strata-Management-email-to-Fair-Trading-NSW-with-their-definition-of-democracy-17May2019

  59. Waratah-Strata-Management-intention-to-prevent-Strata-Roll-Access-to-Lot-158-11-days-before-document-search-20May2019

  60. Waratah-Strata-Management-using-phrase-delusional-against-owner-22Jan2020

  61. Email-by-Waratah-Strata-Management-to-Fair-Trading-NSW-case-9761719-17May2019

  62. Just two days before NCAT Hearing, Lot 158 sent final plea to five committee members to offer assistance to NCAT, with reminder of 24 letters of demand to provide evidence and avoid legal costs and unecessary litigation.

    All 24 parties, including BCS Strata Management, Waratah Strata Management, Economos auditors, and committee members ignored the pleas.

    63. Waratah Strata Management public statement about services they offer on their website in 2017

    Customer's comment in Google forum about Waratah Strata Management in 2018

    Customer's comment in Google forum about Waratah Strata Management in 2019

    Some of public interest items

  63. Three periods in FY 2021 with negative balance in Administration Fund without disclosure to owners

  64. SP52948 Extract from minutes EC meeting on 23 September 2021 - shortage of $1,515,541.00 in Capital Works Fund against the forecast in April 2017 that was allegedly approved without general meeting. This email shows the risk of lack of planning: SP52948-Lot-158-warning-about-1.5-million-deficit-in-Capital-Works-Fund-1Oct2021. Annual general meeting was held on 28 October 2021, and no owner received email or printed copy of rushed updates to Capital Works Fund which simply delayed all major repairs, effectively made balance looked artificially positive: SP52948-waratahstrata.com.au-website-Documents-folder-part-1-14Oct2021. Agenda for AGM 2021 was dispatched on 7 October 2021 and BIV's updated Capital Works Fund plan was created a day earlier: 10-Year Capital Works Fund assessement on 6 October 2021 but not presented to owners corporation to approve or vote at general meeting on 28 October 2021

    On 22 March 2015, Lot 158 raised serious question about poor management of the complex - BCS Strata Management never responded

    SP52948-Issues-to-be-dealt-with-at-next-EC-Meeting-ignored-by-BCS-Strata-Management-Jul2015

    In April 2017, Lot 158 questioned BIV, Waratah Strata Management, and committee members multiple times about poor preparation of Capital Works Fund - no reply was ever received

    Lot 158 Motion about 10-Year Capital Works Fund at AGM 2017 was disabled by Solicitor and Waratah Strata Management

    Lot 158 Motion about 10-Year Capital Works Fund at AGM 2018 was disabled by Solicitor and Waratah Strata Management

    SP52948-failed-assessment-for-Sinking-and-Capital-Works-Funds-in-period-2001-to-2030-without-approval-at-general-meetings

    Sinking Fund plan in 1998 was never provided to owners by previous strata managers

    BCS Strata Management (who joined this complex in 1999) continued with the same practice - they kept 10-Year Sinking fund undisclosed to owners for six years and in 2011 BCS Strata Management admitted not even having a copy of the document

    Strata managers refuse to inform owners about professional reports that document needs for major repairs and upgrades

    BCS Strata Management and Waratah Strata Management prevented Lot 158 from warning all owners and investors about poor long-term levy planning

    Another 10-Year Capital Works Fund assessement was suddenly commissioned in October 2021 but not presented to owners corporation to approve or vote at general meeting on 28 October 2021. Most of major repairs are delayed for 10 years, one drastic example are roofs and the other are fire safety repairs and compliance orders which are still due to be completed. BIV Reports Pty Ltd completely reversed almost all of their own plans made in March 2017

    Even layman can easily find the problems with latest BIV report: SP52948-discrepancies-in-BIV-report-for-10-Capital-Works-Fund-in-2017-and-2021

    Lack of proper collection of levies and their collection started creating balance sheet issues:

    How critical is good planning shows this article by Strata Community Association of NSW published on 13 October 2021

    It said:

    Dangerous problems like inadequate fire safety, structural defects and dodgy waterproofing have appeared in two in five strata buildings across NSW, alarming research has revealed.

    The cost of repairing these serious defects averaged nearly $332,000 per affected building, according to the Strata Community Association of NSW, the peak body for the strata industry.

    The most common defect was waterproofing issues, which was an issue in nearly two thirds of the buildings flagged as having problems.

    Other common defects included problems with the fire safety systems (38 per cent), structure (27 per cent), key services (17 per cent) and non-compliant cladding (16 per cent).

    These issues were rarely fixed quickly and most owners corporations took a year or longer to get the problems resolved, the survey of 1400 strata managers showed.

    Few buildings reported being able to recover any of the costs of rectifying the defects.

    Strata Community Association NSW president Chris Duggan said defect rectification was causing unnecessary strain and cost to owners in strata buildings.

    He urged residents to check that their strata manager was part of a professional standards scheme to ensure a strong duty of care.

  65. An example of how Waratah Strata Management failed to deliver crucial files to Fair Trading NSW and successfully hindered investigations in May 2019:

    SP52948-Fair-Trading-NSW-request-for-access-to-files-in-case-CAS9761719-not-fully-complied-with-by-Waratah-Strata-Management-May2019.png

    Some examples:

  66. BCS Strata Management and Waratah Strata Management - dozen different versions for unpaid gas heating levies whilst allowing such owners to vote and be elected on committee - extract from committee meetings and strata files in period 1999 to 2021

    Extract from Solicitor's secret email to Waratah Strata Management on 23 August 2017, showing full awareness of allegations of unpaid levies by several committe members

    SP52948-extract-from-Solicitor-email-to-Waratah-Strata-Management-showing-knowledge-of-unfinancial-committee-members-reference-AM-DR-30996-23Aug2017.png

    SP52948-Lot-158-request-for-committee-members-to-declare-conflict-of-interests-ignored-by-BCS-Strata-Management-and-Waratah-Strata-Management-since-2Mar2012

    SP52948-Lot-181-failed-to-produce-evidence-for-gas-heating-levy-payments-8Jun2015

    SP52948-Stan-Pogorelsky-never-answered-questions-about-his-overdue-unpaid-gas-heating-levies-26Nov2018

    SP52948-committee-member-Thomas-Karolewski-asking-Waratah-Strata-Management-to-respond-to-Lot-158-in-relation-to-recovery-of-overdue-unpaid-gas-heating-levies-2May2019. Response to Lot 158 or any evidence to prove that their statements were inconclusive or wrong has never been provided

  67. SP52948 BCS Strata Management (in period 2012 to 2016) and Waratah Strata Management (2017 onwards) failed to inform owners about insurance policy signed before Annual General Meeting 2012 with excess for each and every water damage, burst pipe, and exploratory cost in amount of $10,000.00

    Screenshot of insurance policy on Waratah Strata Management website on 27 February 2022 shows that information about excess for water-related damanges in insurance policy is still hidden from owners:

    SP52948-Waratah-Strata-Management-hiding-details-of-excess-for-water-related-damages-in-insurance-policy-27Feb2022.png

  68. SP52948 differences for income and expenditure FY 2018 audited figures provided by Waratah Strata Management for AGM 2018 and FY2019

  69. Would a reasonable person find these problems to be disturbing and serious:

  70. SP52948-FINAL-REQUEST-to-FOR-OFFICIAL-RESPONSE-AND-ACTION-replacement-of-obsolete-smoke-detectors-in-Lot-158-9May2019 (Waratah Strata Management ignored repeated requests for OH&S and fire safety compliance)

    After 23 years of smoke alarms being maintained as common property, Waratah Strata Management attempted to force owners to pay for them privately in March 2020 but reverted that decision in late April 2021:

    SP52948-letter-from-Waratah-Strata-Management-advising-owners-of-their-own-responsibility-replacing-smoke-alarms-and-not-disclosing-that-owners-corporation-paid-for-the-from-common-funds-for-20-years-7Mar2020.png

    SP52948-smoke-alarms-responsibility-of-owners-corporation-29Apr2021.png
    SP52948-letter-from-Waratah-Strata-Management-advising-owners-of-their-own-responsibility-replacing-smoke-alarms-and-not-disclosing-that-owners-corporation-paid-for-the-from-common-funds-for-20-years-7Mar2020, in spite of providing different statement for another strata plan SP18667-Waratah-Strata-Management-fully-aware-hardwired-smoke-alarms-managed-by-strata

  71. Lot 158 forced audit of long-term fire and safety problems, as reported in:

    SP52948-orders-for-audit-of-fire-and-life-safety-systems-pending-by-Core-Engineering-since-part-1-7Oct2021, SP52948-orders-for-audit-of-fire-and-life-safety-systems-pending-by-Core-Engineering-since-part-2-7Oct2021, SP52948-orders-for-audit-of-fire-and-life-safety-systems-pending-by-Core-Engineering-since-part-3-7Oct2021, SP52948-orders-for-audit-of-fire-and-life-safety-systems-pending-by-Core-Engineering-since-part-4-7Oct2021, SP52948-orders-for-audit-of-fire-and-life-safety-systems-pending-by-Core-Engineering-since-part-5-7Oct2021, SP52948-orders-for-audit-of-fire-and-life-safety-systems-pending-by-Core-Engineering-since-part-6-7Oct2021

    SP52948-delays-with-orders-to-rectify-ongoing-fire-and-safety-problems-Nov2021

  72. Office bearers are elected with significant delays after general meetings and often simply delegated to strata manager:

    SP52948-without-office-bearers-between-26Oct2017-and-15Feb2018

    SP52948-without-office-bearers-between-18Oct2018-and-21Mar2019

    SP52948-without-office-bearers-between-21Oct2019-and-13Feb2020. All nine committee members and the strata manager forgot about their office bearers duties and sent the following agenda for committee meeting on 1 May 2020: SP52948-agenda-for-EC-meeting-with-Motion-to-elect-office-bearers-1May2020. Extract from committee meeting on 7 May 2020, removing the Motion for office bearers: SP52948-without-office-bearers-between-21Oct2019-and-7May2020-and-still-unreported-to-owners-as-of-May2020

    SP52948-without-office-bearers-between-22Oct2020-and-11Nov2020

    SP52948-without-office-bearers-between-22Oct2021-and-1Dec2021

  73. SP52948-Waratah-Strata-Management-ignored-evidence-of-long-term-problems-with-ventilation-smoke-alarms-and-non-compliance-with-Residential-Tenancy-Act-2010-19Apr2021

  74. SP52948-Waratah-Strata-Management-silent-about-failed-maintenance-and-unexplained-costs-of-around-$92,950.00-for-alleged-major-townhouse-upgrades-3Feb2021. The effort to get evidence of alleged expenses for repairs and upgrades on townhopuse owners have been unanswered since 8 February 2018: SP52948-Waratah-Strata-Management-ignored-request-for-access-to-files-to-prove-insurance-fraud-did-not-occur-and-corrections-or-false-statements-defaming-Lot-158-8Feb2018

  75. Waratah Strata Management continued to ignore some of major problems reported by Lot 158 to BCS Strata Management in October 2015

  76. SP52948-repeated-serious-problems-behind-townhouses-that-Waratah-Strata-Management-failed-to-respond-to-May2019

  77. SP52948-Waratah-Strata-Management-ignored-OH&S-concerns-about-exposed-wiring-on-elevator-panels-and-smoking-in-garages-6Oct2019

  78. SP52948-Waratah-Strata-Management-ignored-report-on-repeated-maintenance-problems-22Jul2020

  79. SP52948 some of long-term OH&S and fire safety risks and maintenance status in July 2021

  80. SP52948 some of long-term OH&S and fire safety risks and maintenance status in October 2021

  81. SP52948 random check uncovered five faulty lights in gardens on 2 September 2021

  82. SP52948 random check uncovered four faulty and one unsafe light in gardens on 7 and 8 September 2021

  83. SP52948 random check uncovered five faulty and one unsafe light in gardens on 11 September 2021

  84. SP52948 random check uncovered four faulty and two unsafe lights in gardens on 21 September 2021

  85. SP52948-entrance-sliding-doors-with-ageing-equipment-in-four-buildings-Oct2021

  86. SP52948 random check uncovered seven fault with lights in gardens on 19 October 2021

  87. SP52948-repeated-wall-repairs-near-entrance-to-complex-21Mar2021. Problem continues:

    SP52948-repetitive-problems-with-wall-repairs-near-entrance-to-complex-photo-1-1Nov2021

  88. SP52948-unsafe-light-post-since-17Oct2021-behind-Block-D-12Nov2021

  89. Major water leak repairs are often simply covered by metal plates:

    SP52948-unattended-large-hole-in-wall-on-level-6-in-Block-C-2018-2019-and-continuing-in-2021 SP52948-unfinished-wall-repairs-Block-C-level-6-photo-1-19Dec2021, SP52948-unfinished-wall-repairs-Block-C-level-6-photo-5-19Dec2021

    Similar is exibited near fire door exit on ground floor on Block C: SP52948-unfinished-wall-repairs-Block-C-ground-floor-near-fire-door-photo-1-19Dec2021

    Lot 158 came across this problem by accident on 22 June 2021: SP52948-water-leak-damaged-wall-Block-C-ground-floor-near-external-fire-exit-photo-1-22Jun2021, SP52948-water-leak-damaged-wall-Block-C-ground-floor-near-external-fire-exit-photo-3-22Jun2021, SP52948-water-leak-damaged-wall-Block-C-ground-floor-near-external-fire-exit-photo-5-22Jun2021, SP52948-water-leak-damaged-wall-Block-C-ground-floor-near-external-fire-exit-photo-9-22Jun2021

    Lot 158, again accidentally, found some repairs happened in late July 2020: SP52948-water-leak-initial-repairs-damaged-wall-Block-C-ground-floor-near-external-fire-exit-photo-4-21Jul2021, SP52948-water-leak-initial-repairs-damaged-wall-Block-C-ground-floor-near-external-fire-exit-photo-4-21Jul2021

  90. Significant concrete wall damage and water leaks unattended for several years near garage of Lot 84:

  91. Long-term appearance of exit near external fire door of Block C:

    Light was still not operational as of 14 February 2022 and entrance to the building was visibly neglected and very slippery during rainy days, creating OH&S risks

    SP52948-Block-C-neglected-entrance-near-fire-door-exit-photo-2-14Feb2022.jpg

  92. Dubious gas supply pipe disconnection - unattended for many months. Waratah Strata Management and maintenance staff do not offer any explanation if there is any OH&S risk to occupants:

  93. Unattended open electrical wires in foyer of Block D and basement of Block A for more than two years. Waratah Strata Management and maintenance staff do not offer any explanation if there is any OH&S risk to occupants:

  94. Only one of eight downlights are operational in Block B foyer for more than two years as of 14 February 2022. None of eight downlights are operational in foyers of Block A, Block C, and Block D

    SP52948-Block-B-foyer-only-one-of-eight-downlights-operational-for-more-than-two-years-photo-1-14Feb2022.jpg SP52948-Block-B-foyer-only-one-of-eight-downlights-operational-for-more-than-two-years-photo-4-14Feb2022.jpg

  95. Water leaks and damages to large area of wall in basement on Block B - unattended for seven years:

  96. Since 16 March 2015, owners corporation has not repaired public property when fallen tree damaged bus stop cover (and neither compensated local council for the damage):

  97. Waratah Strata Management was asked to provide response to LDA proposal to City of Ryde Council in April 2021 and they never responded to the requestor.

    One owner alone took it onto themselves to try to help owners and tenants in Ryde area:

    Owner's personal response to LDA proposal to City of Ryde Council in May 2021

    There is no evidence if they acted in any way to protect interests and investments of 218 owners in the complex.

  98. Waratah Strata Management attempted to force Council to approve illegal use of public land for parking - City of Ryde meeting in June 2021 finally closed the case:

    20220223-COUNCIL-RESOLUTION-Future-Use-of-Land-Adjoining-SP52948-1-15-Fontenoy-Road. Waratah Strata Management and committee members failed to inform owners about this positive news for the environment

    Over many years BCS Strata Management and Waratah Strata Management attempted to force Council to approve illegal use of public land for parking

    SP52948-Waratah-Strata-Management-and-committee-members-plan-how-to-influence-Ryde-Council-staff-to-rezone-public-land-forcefully-21Apr2017

    SP52948-Waratah-Strata-Management-planning-to-reopen-access-to-public-land-in-spite-of-clear-knowledge-of-illegal-parking-9Aug2018

  99. SP52948 maintenance status in October 2017

  100. SP52948 maintenance status in July 2018

  101. SP52948 examples of repetitive water leak repairs in single unit in period 2011 to September 2018

  102. Repeated requests to provide details of licensed staff who can work as security guards were ignored by Waratah Strata Management multiple times

    In 2001, owners strongly reacted when unlicensed security guards were temporarily employed. Since that time, due to high costs for security, owners expect the same rules to apply, but Waratah Strata Management refuses to inform them:

    SP52948-petition-about-only-licensed-security-guards-to-be-employed-committee-meeting-10Jan2001.png

  103. Names of strata manager's and building manager's staff and their credentials (licenses, police checks, and similar) and how many hours they work (in case of building manager's staff) are unknown and hidden from owners. As a completely opposite example, here is how previous caretaker provided monthly report on their staff (including security guards) on 5 December 2012:

    SP52948-monthly-summary-of-working-hours-by-caretaker-staff-page-1-5Dec2012.png SP52948-monthly-summary-of-working-hours-by-caretaker-staff-page-2-5Dec2012.png

    Requests to obtain details of staff working in the complex has been rejected by Waratah Strata Management multiple times.

    Notice boards do not have details of maintenance staff either.

  104. Waratah Strata Management failed to present bid from Complete Building Management Group at AGM 2017

  105. Examples of unrepaired BBQ area below sink for more than four years in spite of multiple reports of concerns for OH&S and fire safety:

    SP52948-unrepaired-wall-damages-below-BBQ-sink-for-five-years-photo-1-21Feb2021.jpg SP52948-unrepaired-wall-damages-below-BBQ-sink-for-five-years-photo-3-21Feb2021.jpg SP52948-unrepaired-wall-damages-below-BBQ-sink-for-five-years-photo-5-21Feb2021.jpg

    SP52948-unrepaired-wall-damages-below-BBQ-sink-for-five-years-photo-7-21Feb2021.jpg SP52948-unrepaired-wall-damages-below-BBQ-sink-for-five-years-photo-2-21Feb2021.jpg SP52948-unrepaired-wall-damages-below-BBQ-sink-for-five-years-photo-16-21Feb2021.jpg

    SP52948-unrepaired-wall-damages-below-BBQ-sink-for-five-years-photo-11-21Feb2021.jpg SP52948-unrepaired-wall-damages-below-BBQ-sink-for-five-years-photo-13-21Feb2021.jpg SP52948-unrepaired-wall-damages-below-BBQ-sink-for-five-years-photo-14-21Feb2021.jpg

  106. Example of OH&S tripping hazard unattended for many weeks in front of complex - hole near pathway towards bus stop and brick not covering the hole on 14 February 2022

    SP52948-OHS-tripping-hazard-with-hole-near-pathway-in-front-of-complex-photo-4-14Feb2022.jpg SP52948-OHS-tripping-hazard-with-hole-near-pathway-in-front-of-complex-photo-2-14Feb2022.jpg

  107. The following tenders were disallowed for competing for strata and building management contracts at AGM 2020 without valid reasons: 
    Three very competitive quotes for building management contract:

Curtis Strata Cleaning
Forte Asset Services
Clean and Secure Building Management

All three of them offered two options for security services with licensed staff:

    Patrols two times a night in around 30 minute duration each time,
    Full 10-hour a night onsite security.

The reason for option with patrols:

    All fire doors in the basement in the complex now have alarms,
    New CCTV system.

Very competitive quote from Jim's Mowing franchise for gardening.

Three very competitive quotes for the strata management contract:

Strata Excellence
Strata Title Management
Netstrata

  108. SP52948-Waratah-Strata-Management-ignored-reports-of-persistent-non-compliance-with-Interpretation-Act-1987-NSW-13Mar2020. Throughout 2018, 2019, 2020, and 2021, only selective owners received notices for meetings and they were event not occasionally put on notice boards

  109. SP52948-third-major-incident-with-blown-window-frame-from-seventh-floor-29Nov2020. Waratah Strata Management did not notify owners or responded

    Waratah Strata Management did not notify respond to second inqury on 30 November 2020

    Strata funds paid more than $12,500.00 for repairs and insurance company declined to cover the costs of repair due to previous incidents and risks:

    Admin fund expenses for Lot 190 repairs - part 1

    Admin fund expenses for Lot 190 repairs - part 2

    As of early October 2021 duty to check all sunrooms and window frames by professional engineering companies is still outstanding, putting owners and visitors at risk of major injuries or fatal incidents

    As of 8 December 2021 duty to check all sunrooms and window frames by professional engineering companies is still outstanding, putting owners and visitors at risk of major injuries or fatal incidents

  110. Some of recent tennis court problems:

  111. SP52948 Block B not fully locked down due to Covid-19 incident in spite of NSW Health regulations in August 2021. Some owners from Block B were witnessed moving trhoughout the complex freely just two days after the notice about Covid-19 was published

    112. On 10 January 2022, email was sent to Waratah Strata Management about ongoing breaches of common sence and mask-wearking regulation, and response was never receiveds

    Around 3 January 2022, notice was published about confirmed Covid-19 case in Block A.

    ...

    Several actions followed:

    Flamesafe was asked, for their sake, to confirm if active Covid-19 cases still exist elsewhere in our complex, not only Block A.

    ...

    On a separate note, we would like to voice concern about poor adoption of sensible rules to fight Covid-19:

    a) Quite often, we witness owners and visitors inside Block A (foyers and elevators) without masks. That is easily confirmed by CCTV recordings.

    b) We personally witnessed several owners who not only had no masks inside elevators but also severely coughed.

    c) In Block A alone, smoking is still a serious issue on the ground floor:

    * One was visitor to ex-committee member (Lot 151), who was staying with Ms. Maureen MacDonald during festive season. His smoking in the courtyard was so bad that we had to close windows in bedrooms many times. No comments are necessary.

    * One is a tenant in Lot 146. Smoke goes directly above their unit.

    It appears rule of the jungle best describes how people in the complex behave.

    Notice in Block A on 13 April 2022:

    SP52948-Block-A-notice-with-complaints-about-smoking-13Apr2022.png

    Lot 158 continued to witness various tenants and owners not wearing masks in elevators and foyers of the buildings.

    On 23 January 2022, at 11:50 hours, wife of long-term commitete member Lot 181 Mr. Stan Pogorelsky was witnessed not wearing mask in elevator by three persons. In addition, maintenance staff saw her in the basement of Block A and CCTV recording can confirm it. This is a repeat offence of not warning mask in the elevator by the same person

    On 3 February 202, at 08:34 hours three witnesses saw maintenance worker leaving elevator on ground floor of Block A not having protective mask covering their face. CCTV recording can confirm it.

  112. Examples of repeated pleas to protect owners from serious prolonged jack-hammering noise and other OH&S risks, including pollution of common property:

    SP52948-Waratah-Strata-Management-ignored-complaint-about-mowing-noise-and-house-rules-10Dec2020

    SP52948-Waratah-Strata-Management-ignored-complaint-about-power-tools-noise-and-house-rules-24Dec2020

    SP52948-Waratah-Strata-Management-ignored-complaints-about-noise-during-large-renovations-in-Block-A-7Jan2021

    SP52948-Waratah-Strata-Management-ignored-complaints-about-noise-in-the-morning-during-large-renovations-in-Block-A-8Jan2021

    SP52948-Waratah-Strata-Management-ignored-complaints-about-noise-during-large-renovations-in-Block-A-8Jan2021.html

    SP52948-Waratah-Strata-Management-ignored-complaints-about-noise-during-large-renovations-in-Block-A-12Jan2021

    SP52948-Waratah-Strata-Management-ignored-problem-reports-related-to-noise-and-OHS-issues-for-four-major-renovations-in-four-buildings-25Apr2021

  113. Some of repetitive issues with smoking:

    Even fire safety was ignored and smoking allowed in restricted areas

    SP52948-Waratah-Strata-Management-ignored-complaint-about-persistent-smoking-hazards-near-fire-door-2-20Dec2018

    SP52948-Waratah-Strata-Management-ignored-complaint-about-persistent-smoking-hazards-near-fire-door-2-19Mar2019.html

    SP52948-Waratah-Strata-Management-declined-to-enforce-By-Laws-for-smoking-and-pollution-26Mar2020

    SP52948-Waratah-Strata-Management-ignored-15-complaints-about-smoking-1Aug2020

    SP52948-Waratah-Strata-Management-ignored-smoking-problems-23Dec2020

    SP52948-Waratah-Strata-Management-ignored-smoking-problems-and-health-issues-11Apr2021

    SP52948-Waratah-Strata-Management-declined-to-enforce-By-Laws-for-smoking-and-pollution-26Apr2021

    Smoking continues to be a persistent problem, with several known offenders continuously using garages for such activities, without any actions by staff, in spite of clear CCTV evidence. Similar issue is experienced as visitors of ex-committee member from Lot 151 smoke in the courtyard which affected health of tenants on upper floors so much so that all windows had to be closed

    Cigarette butts were found at car wash area on 13 February 2022

    Cigarette butts near fire exit in Block A on 9 February 2022: SP52948-Block-A-cigarette-butts-near-fire-exit-photo-4-9Feb2022

    SP52948-Block-A-cigarette-butts-near-fire-exit-photo-5-9Feb2022.jpg

    Five days later, cigarette butts were still in the sme place on 14 February 2022

    SP52948-Block-A-cigarette-butts-near-fire-exit-photo-2-14Feb2022.jpg

    On 14 February 2022 there were also three cigarette butts (not cleaned over the weekend) near carwash area

    SP52948-carwash-area-cigarette-butts-photo-2-14Feb2022.jpg SP52948-carwash-area-three-cigarette-butts-photo-7-14Feb2022.jpg

    On 15 February 2022 there were still three cigarette butts near carwash area

    SP52948-carwash-area-cigarette-butts-photo-1-15Feb2022.jpg SP52948-carwash-area-cigarette-butts-photo-3-15Feb2022.jpg

    On 14 February 2022 there was also cigarette butt near gazebo (close to tennis courts):

    SP52948-gazebo-cigarette-butt-photo-3-14Feb2022.jpg SP52948-gazebo-cigarette-butt-photo-5-14Feb2022.jpg

    In Queensland, at the beginning of 2022, a unit owner was barred from lighting up on their own balcony in a game-changing watchdog decision that will now make it easier to ban smoking on apartment terraces, experts say

    Smoking continues to be a serious problem - notice in Block A on 13 April 2022:

    SP52948-Block-A-notice-with-complaints-about-smoking-13Apr2022.png

  114. Example of unrepaired external garden bed wall in Block C due to water leaks on 15 February 2022

    SP52948-Block-B-garden-bed-heavily-damaged-paint-due-to-water-leaks-photo-1-15Feb2022.jpg SP52948-Block-B-garden-bed-heavily-damaged-paint-due-to-water-leaks-photo-3-15Feb2022.jpg

  115. Example of unrepaired external wall on level 6 in Block D due to water leaks on 15 February 2022:

    SP52948-Block-D-level-6-damaged-paint-due-to-water-leaks-photo-2-15Feb2022.jpg

    Level 6 in Block D on 8 March 2022:

    SP52948-Block-D-level-6-damaged-paint-due-to-water-leaks-photo-1-8Mar2022.jpg

    Level 6 in Block D on 9 March 2022:

    SP52948-Block-D-level-6-damaged-paint-due-to-water-leaks-photo-3-9Mar2022.jpg

  116. 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:

    SP52948-large-tree-fallen-on-Fontenoy-Road-photo-1-9Mar2022.jpg

    SP52948-large-tree-fallen-on-Fontenoy-Road-photo-29-9Mar2022.jpg SP52948-large-tree-fallen-on-Fontenoy-Road-photo-27-9Mar2022.jpg SP52948-large-tree-fallen-on-Fontenoy-Road-photo-20-9Mar2022.jpg

    SP52948-large-tree-fallen-on-Fontenoy-Road-photo-22-9Mar2022.jpg SP52948-large-tree-fallen-on-Fontenoy-Road-photo-25-9Mar2022.jpg SP52948-large-tree-fallen-on-Fontenoy-Road-photo-26-9Mar2022.jpg

    SP52948-large-tree-fallen-on-Fontenoy-Road-photo-27-9Mar2022.jpg SP52948-large-tree-fallen-on-Fontenoy-Road-photo-8-9Mar2022.jpg SP52948-large-tree-fallen-on-Fontenoy-Road-photo-15-9Mar2022.jpg

    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:

    SP52948-broken-tree-branch-towards-Fontenoy-Road-photo-2-1May2020.jpg

    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:

    SP52948-neglected-damage-to-fence-due-to-uprooted-tree-that-might-cause-damage-to-property-outside-complex-photo-1-23Dec2018.jpg SP52948-neglected-damage-to-fence-due-to-uprooted-tree-that-might-cause-damage-to-property-outside-complex-photo-2-23Dec2018.jpg SP52948-neglected-damage-to-fence-due-to-uprooted-tree-that-might-cause-damage-to-property-outside-complex-photo-7-23Dec2018.jpg

    SP52948-neglected-damage-to-fence-due-to-uprooted-tree-that-might-cause-damage-to-property-outside-complex-photo-8-23Dec2018.jpg SP52948-neglected-damage-to-fence-due-to-uprooted-tree-that-might-cause-damage-to-property-outside-complex-photo-5-23Dec2018.jpg

    In the same location as event with fallen tree on 9 March 2022, on 5 July 2021, large branch from SP52948 property fell towards Fontenoy Road:

    SP52948-large-tree-branch-fallen-on-Fontenoy-Road-photo-6-5Jul2021.jpg

    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:

    SP52948-danger-of-unpruned-trees-towards-Fontenoy-Road-photo-1-1May2020.jpg

    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:

    SP52948-fallen-large-branch-over-fence-towards-Fontenoy-Road-photo-1-7Oct2019.jpg SP52948-fallen-large-branch-over-fence-towards-Fontenoy-Road-photo-3-7Oct2019.jpg SP52948-fallen-large-branch-over-fence-towards-Fontenoy-Road-photo-4-7Oct2019.jpg

    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):

    SP52948-Steve-Vogel-tree-removal-behind-townhouse-205-after-damaging-neighbouring-property-19Jul2015.png

    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:

    SP52948-eroded-soil-after-fallen-tree-in-late-2018-behind-townhouses-photo-1-6Aug2020.jpg

    Tree falling on bus-stop cover from SP52948 property - still unrepaired since 16 March 2015:

    SP52948-fallen-tree-across-the-fence-towards-bus-stop-photo-3-16Mar2015.jpg SP52948-fallen-tree-across-the-fence-towards-bus-stop-photo-1-16Mar2015.jpg Bus-stop-cover-damaged-by-fallen-tree-from-SP52948-photo-2-12Nov2021.jpg

    Tree falling on bus-stop cover from SP52948 property near bus stop on Fontenoy Road on 7 April 2021:

    SP52948-broken-tree-blocking-pathway-near-bus-stop-on-Fontenoy-Road-photo-1-7Apr2021.jpg SP52948-broken-tree-blocking-pathway-near-bus-stop-on-Fontenoy-Road-photo-4-7Apr2021.jpg SP52948-broken-tree-blocking-pathway-near-bus-stop-on-Fontenoy-Road-photo-9-7Apr2021.jpg

    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):

    SP52948-broken-large-tree-branch-25Dec2020.jpg SP52948-broken-large-tree-branch-28Dec2020.jpg SP52948-broken-large-tree-branch-9Feb2021.jpg

    Tree falling just opposite SP52948 property - on Fontenoy Road on 29 November 2020:

    Tuckwell-Park-huge-tree-fell-in-storm-photo-1-29Nov2020.jpg Tuckwell-Park-huge-tree-fell-in-storm-photo-1-30Nov2020.jpg Tuckwell-Park-huge-tree-fell-in-storm-photo-3-30Nov2020.jpg

    Tuckwell-Park-huge-tree-fell-in-storm-photo-7-30Nov2020.jpg Tuckwell-Park-huge-tree-fell-in-storm-photo-9-30Nov2020.jpg Tuckwell-Park-huge-tree-fell-in-storm-photo-16-30Nov2020.jpg

  117. 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:

    SP52948-fallen-large-tree-near-bus-stop-behind-Block-C-photo-1-21Mar2022.jpg SP52948-fallen-large-tree-near-bus-stop-behind-Block-C-photo-4-21Mar2022.jpg SP52948-fallen-large-tree-near-bus-stop-behind-Block-C-photo-8-21Mar2022.jpg

    SP52948-fallen-large-tree-near-bus-stop-behind-Block-C-photo-10-21Mar2022.jpg SP52948-fallen-large-tree-near-bus-stop-behind-Block-C-photo-12-21Mar2022.jpg SP52948-fallen-large-tree-near-bus-stop-behind-Block-C-photo-13-21Mar2022.jpg

    SP52948-fallen-large-tree-near-bus-stop-behind-Block-C-photo-16-21Mar2022.jpg

  118. Unsafe steep slope behind townhouses with unattached large concrete block, unrepaired for more than seven years on 15 February 2022:

    SP52948-dangerous-concrete-block-partially-unattached-from-soil-on-deep-slope-behind-townhouses-photo-1-15Feb2022.jpg

  119. Example of faulty lights inside garage of Lot 132 unrepaired for four days on 15 February 2022

    SP52948-Lot-132-garage-faulty-lights-for-four-days-photo-5-15Feb2022.jpg SP52948-Lot-132-garage-faulty-lights-for-two-days-photo-1-13Feb2022.jpg

  120. Faulty light in garden bed for several years, photo taken on 15 February 2022

    SP52948-faulty-light-in-garden-near-Block-C-photo-2-15Feb2022.jpg

  121. Persistent problem with parking on common property near townhouse 202, in spite of free spaces in carpark

    SP52948-persistent-illegal-parking-near-townhouse-202-in-spite-of-free-slots-in-carpark-photo-2-15Feb2022.jpg

  122. Example of long-term apperance of garden bed at entrance of complex on 18 February 2022

    SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-2-18Feb2022.jpg

  123. Example of rusted external fire door frame, unattended for six years, in basement of Block A on 15 February 2022

    SP52948-Block-A-basement-external-fire-door-rusted-for-six-years-due-to-water-leaks-photo-4-15Feb2022.jpg SP52948-Block-A-basement-external-fire-door-rusted-for-six-years-due-to-water-leaks-photo-1-15Feb2022.jpg SP52948-Block-A-basement-external-fire-door-rusted-for-six-years-due-to-water-leaks-photo-2-15Feb2022.jpg

    Same problem reported but unattended on same fire door, as photos taken on 15 April 2021

    SP52948-Block-A-external-fire-door-2-rusted-frame-due-to-water-damages-photo-1-16Apr2021.jpg SP52948-Block-A-external-fire-door-2-rusted-frame-due-to-water-damages-photo-2-16Apr2021.jpg SP52948-Block-A-external-fire-door-2-rusted-frame-due-to-water-damages-photo-3-16Apr2021.jpg

    SP52948-Block-A-external-fire-door-2-rusted-frame-due-to-water-damages-photo-4-16Apr2021.jpg SP52948-Block-A-external-fire-door-2-rusted-frame-due-to-water-damages-photo-5-16Apr2021.jpg SP52948-Block-A-external-fire-door-2-rusted-frame-due-to-water-damages-photo-6-16Apr2021.jpg

    Same problem reported but unattended on other fire doors, as photos taken for fire door between Block C and D on 15 April 2021

    SP52948-internal-fire-door-between-Block-C-and-Block-D-rusted-frame-due-to-water-damages-photo-1-16Apr2021.jpg SP52948-internal-fire-door-between-Block-C-and-Block-D-rusted-frame-due-to-water-damages-photo-3-16Apr2021.jpg SP52948-internal-fire-door-between-Block-C-and-Block-D-rusted-frame-due-to-water-damages-photo-5-16Apr2021.jpg

  124. Example of what just one day of rain creates in basement of the complex, flooding some garages and causing long-term concrete wall and ceiling damages on 22 February 2022

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-32-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-30-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-27-22Feb2022.jpg

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-25-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-20-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-22-22Feb2022.jpg

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-17-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-16-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-14-22Feb2022.jpg

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-10-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-6-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-3-22Feb2022.jpg

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-63-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-61-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-59-22Feb2022.jpg

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-55-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-54-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-52-22Feb2022.jpg

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-50-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-48-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-46-22Feb2022.jpg

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-44-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-40-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-39-22Feb2022.jpg

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-35-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-8-22Feb2022.jpg SP52948-examples-of-water-leakages-in-basement-and-garages-photo-51-22Feb2022.jpg

  125. Example of damages to door frame and walls near firedoor under Block C on 1 March 2022, with deterioration witnessed for seven years whilst no action of any remediation work:

    SP52948-rusting-door-frame-and-wall-damages-near-Block-C-fire-door-due-to-concrete-slab-water-leaks-photo-3-1Mar2022.jpg SP52948-rusting-door-frame-and-wall-damages-near-Block-C-fire-door-due-to-concrete-slab-water-leaks-photo-5-1Mar2022.jpg SP52948-rusting-door-frame-and-wall-damages-near-Block-C-fire-door-due-to-concrete-slab-water-leaks-photo-7-1Mar2022.jpg

    SP52948-rusting-door-frame-and-wall-damages-near-Block-C-fire-door-due-to-concrete-slab-water-leaks-photo-9-1Mar2022.jpg SP52948-rusting-door-frame-and-wall-damages-near-Block-C-fire-door-due-to-concrete-slab-water-leaks-photo-10-1Mar2022.jpg

  126. Example of damages to walls near firedoor under Block B on 1 March 2022, with deterioration witnessed for seven years whilst no action of any remediation work:

    SP52948-examples-of-water-leakages-Block-B-basement-fire-stairs-photo-1-1Mar2022.jpg

  127. Example of major damages to Lot 186 garage and one next to it on 1 March 2022, with owner telling us that his complaint was ignored:

    SP52948-examples-of-serious-damages-due-to-water-leakages-in-Lot-186-garage-photo-1-1Mar2022.jpg SP52948-examples-of-serious-damages-due-to-water-leakages-in-Lot-186-garage-photo-3-1Mar2022.jpg SP52948-examples-of-serious-damages-due-to-water-leakages-in-Lot-186-garage-photo-5-1Mar2022.jpg

    SP52948-examples-of-water-leakages-in-basement-and-garages-photo-24-1Mar2022.jpg

  128. Example of wall damages due to water leaks near fire doors on level 7, 6, and 5 in Block A on 14 March 2022:

    SP52948-Block-A-level-7-water-damages-near-fire-door-photo-1-14Mar2022.jpg SP52948-Block-A-level-6-water-damages-near-fire-door-photo-1-14Mar2022.jpg SP52948-Block-A-level-5-water-damages-near-fire-door-photo-1-14Mar2022.jpg

  129. SP52948-example-of-selective-rights-for-owners-carwash-hose-usage-since-early-Aug2021

  130. Number of ongoing problems behind townhouses have been ignored for as long as eight years (even before Waratah Strata Management took office in February 2017). Some of previous reports:

    SUMMARY-reported-to-Waratah-Strata-Management-SP52948-repeated-and-new-issues-behind-townhouses-7Oct2019

    SP52948-REQUEST-FOR-MAINTENANCE-Wooden-fence-behind-townhouses-on-7Jul2020.html

    SP52948-failed-maintenance-wooden-fence-behind-townhouses-2Feb2021

    SP52948-FAILURE-TO-MAINTAIN-COMMON-PROPERTY-Wooden-fence-rotten-railings-and-eroded-soil-behind-townhouses-on-17Apr2021

    Due to Lot 158 pressure, rotten fence was suddenly partially replaced in early June 2021, and there was some leftover timber:

    SP52948-extra-timber-leftover-from-fence-replacement-behind-townhouses-photo-1-4Jun2021

    SP52948-extra-timber-leftover-from-fence-replacement-behind-townhouses-photo-1-3Jul2021

    SP52948-extra-timber-leftover-from-fence-replacement-behind-townhouses-photo-1-28Sep2021

    SP52948-extra-timber-leftover-from-fence-replacement-behind-townhouses-photo-1-14Oct2021

    SP52948-extra-timber-leftover-from-fence-replacement-behind-townhouses-photo-1-26Oct2021

    Timber suddenly disappeared on 27 October 2021:

    SP52948-sudden-disappearance-of-extra-timber-from-fence-replacement-behind-townhouses-photo-1-27Oct2021

    SP52948-inquiry-about-disappeared-timber-behind-townhouses-14Nov2021

  131. Third major incident with blown window frame in the complex - this time happened to Lot 190 sunroom (previous one in 2011 was mishandled by BCS Strata Management and this one was under management by Waratah Strata Management):

    SP52948-third-major-incident-in-complex-blown-window-frame-in-sunroom-29Nov2020

    SP52948-update-on-third-major-incident-in-complex-blown-window-frame-in-sunroom-30Nov2020

    SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-photo-6-29Nov2020.jpg SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-photo-9-29Nov2020.jpg SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-photo-3-29Nov2020.jpg

    SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-photo-4-29Nov2020.jpg SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-photo-10-29Nov2020.jpg SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-photo-16-29Nov2020.png

    SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-and-curved-ceiling-photo-3-29No2020.jpg SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-and-curved-ceiling-photo-1-29No2020.jpg SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-and-curved-ceiling-photo-1-29No2020.jpg

    SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-with-shattered-glass-on-ground-floor-photo-15-29Nov2020.png SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-with-shattered-glass-on-ground-floor-photo-16-29Nov2020.png SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-with-shattered-glass-on-ground-floor-photo-17-29Nov2020.png

    SP52948-Lot-190-sunroom-window-frame-blown-away-by-wind-with-shattered-glass-on-ground-floor-photo-18-29Nov2020.png

    SP52948-Waratah-Strata-Management-ignored-report-on-window-frame-risk-for-Lot-202-20Dec2020

    SP52948-Lot-158-proxy-vote-against-EGM-and-reminder-about-problems-in-complex-ignored-by-Waratah-Strata-Management-13Jan2021

    SP52948-Waratah-Strata-Management-ignored-Lot-158-submissions-for-EC-meeting-2Feb2021

    SP52948-Lot-158-complaint-to-Waratah-Strata-Management-about-broken-glass-not-cleaned-from-garden-beds-three-months-after-major-incident-with-blown-frame-window-9Feb2021

    SP52948-Waratah-Strata-Management-ignored-Lot-158-report-on-long-term-maintenance-and-safety-problems-in-the-complex-12May2021

  132. Repetitive requests to repair vent grilles in Lot 158 bathrooms were ignored by Waratah Strata Management until serious risks to safety were experienced:

    SP52948-report-on-accident-with-fallen-vent-grille-in-main-bathroom-9Feb2020

    SP52948-Waratah-Strata-Management-ignored-report-on-accident-with-fallen-vent-grille-in-main-bathroom-for-19-days-27Feb2020

    SP52948-Lot-158-report-of-near-miss-incident-with-vent-grille-in-main-bathroom-15Apr2020

    SP52948-Lot-158-report-on-potential-vent-grille-problem-in-ensuite-bathroom-26Sep2020

    SP52948-report-on-near-miss-incident-vent-grille-in-ensuite-bathroom-15Feb2021

    SP52948-repeated-report-to-Waratah-Strata-Management-about-failure-to-repair-vent-grille-in-ensuite-bathroom-21Mar2021

  133. Repetitive requests to maintain sunrooms in the complex and anure they are watertight were ignored by Waratah Strata Management:

    SP52948-Waratah-Strata-Management-ignored-Lot-158-evidence-sunroom-waterproofing-is-mandatory-8Aug2020

    SP52948-Lot-158-request-for-repair-of-sunroom-water-leaks-29Nov2020

    SP52948-Waratah-Strata-Management-ignored-Lot-158-report-on-long-term-maintenance-and-safety-problems-in-the-complex-12May2021. Difference between areas where water leaks are predominant on the ceiling are obvious:

    SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-1-12May2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-3-12May2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-4-12May2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-6-12May2021

    As of 28 November 2021, even on days when only light rain is present, the dampness of the ceiling near electrical lighting is a health and safety risk: SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-1-28Nov2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-2-28Nov2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-3-28Nov2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-4-28Nov2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-5-28Nov2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-6-28Nov2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-7-28Nov2021, SP52948-Lot-158-sunroom-water-leak-near-electrical-lighting-photo-8-28Nov2021. Since 2020, the deterioration of the ceiling is obvious

    As of 28 November 2021, Waratah Strata Management website still shows Lot 158 sunroom water leaks problem as unresolved and open: SP52948-waratahstrata.com.au-website-Maintenance-Open-Work-Orders-part-1-28Nov2021. There are also a number of other critical items for checks and remediation work since 2020

  134. Appearance of garden bed walls near tennis courts (they were allegedly repaired and repainted without tender in 2017 and their appearance deteriorated soon after the works):

    Waratah Strata Management failed to disclose to owners the following breakdown of expenses for the painting project that they were aware of as early as 3 March 2017:

    Block A: $117,700.00 (including GST)

    Block B: $117,700.00 (including GST)

    Block C: $117,700.00 (including GST)

    Block D: $117,700.00 (including GST)

    Various Structures: $66,000.00 (including GST)

    Townhouses: $92,950.00 (including GST)

    Total cost: $629,750.00 (including GST).

    Motion 3 in the Minutes of EC meeting held on 20 July 2017 shows that around half of the project cost having been paid to date. Allegedly three quotes from RJ Bird Services to carry out remedial repairs required prior to painting were accepted at a total cost of $27,580.00. No details of the "remedial repairs", and no evidence or statements about multiple quotes being sought from different providers were provided to any owner.

    Motion 3 in the Minutes of EC meeting held on 28 September 2017 shows that the painting project was complete and all accounts had been paid except the 5% retention amounts totaling $28,187.00 + GST.

    No details of the total costs, warranties, and other details were provided to owners.

    Agenda for the AGM 2017 sent to owners contained information that the total costs for the painting project were $646,200.00 plus GST (totaling $710.820.000).

    Waratah Strata Management listed total costs in the Agenda for AGM 2017 on page 25 (Capital Works Fund) as $610.357,26 (plus GST). If one adds figure of $28,187.00 (retention amount of 5% as per Motion 3 in Minutes of EC meeting held on 28 September 2017), it totals $638,544.00 (plus GST).

    Since 2018, lot of extra work has done because the major upgrades were poor, incomplete, unprofessionally done, and at extra costs to owners. Garden beds are just one of good examples.

    SP52948-appearance-of-garden-bed-wall-near-tennis-courts-photo-4-23Mar2021.jpg SP52948-appearance-of-garden-bed-wall-near-tennis-courts-photo-5-23Mar2021.jpg

    SP52948-appearance-of-garden-bed-wall-near-tennis-courts-photo-7-23Mar2021.jpg SP52948-appearance-of-garden-bed-wall-near-tennis-courts-photo-9-23Mar2021.jpg

    SP52948-appearance-of-garden-bed-wall-near-tennis-courts-photo-10-23Mar2021.jpg SP52948-appearance-of-garden-bed-wall-near-tennis-courts-photo-12-23Mar2021.jpg

    SP52948-repeated-evidence-sent-to-Waratah-Strata-Management-about-poor-appearance-of-garden-bed-near-tennis-court-and-lack-of-maintenance-just-two-and-half-years-after-major-upgrades-17Mar2020

    Examples on 24 March 2021:

    SP52948-poor-maintenance-of-garden-beds-near-tennis-courts-24Mar2021

    Example of bubbled paint on 14 November 2021:

    SP52948-bubbled-paint-due-to-rain-wall-near-tennis-court-photo-1-14Nov2021

    As of February 2022, the status has not improved and no remediation work has been done since 2019 (which should have been completed under warranties):

    SP52948-water-damages-on-garden-bed-wall-near-tennis-courts-photo-1-8Feb2022

    SP52948-water-damages-on-garden-bed-wall-near-tennis-courts-photo-4-8Feb2022

    SP52948-water-damages-on-garden-bed-wall-near-tennis-courts-photo-7-8Feb2022

    SP52948-water-damages-on-garden-bed-wall-near-tennis-courts-photo-10-8Feb2022

    SP52948-water-damages-on-garden-bed-wall-near-tennis-courts-photo-13-8Feb2022

    SP52948-water-damages-on-garden-bed-wall-near-tennis-courts-photo-16-8Feb2022

  135. Example of lights not operational for prolonger periods of time:

    SP52948-faulty-light-in-garden-behind-townhouse-212-photo-1-22Aug2021

    SP52948-faulty-light-in-garden-behind-townhouse-212-photo-1-30Aug2021

    SP52948-faulty-light-in-garden-behind-townhouse-212-photo-1-21Sep2021

    SP52948-faulty-light-in-garden-behind-townhouse-212-photo-1-19Oct2021

    SP52948-faulty-light-in-garden-behind-townhouse-212-since-22Aug2021-photo-1-23Nov2021

    SP52948-faulty-fire-exit-light-since-31May2021-Block-C-external-door-photo-2-taken-on-4Jan2022

    SP52948-faulty-light-in-garden-near-Block-C-photo-1-4Jan2022

  136. Examples of repetitive problems with maintenance staff abusing parking regulations in the complex (parking in privcate garage whilst designated parking slot near tennis courts is empty) on 1 December 2021, 7 December 2021, 16 December 2021, 19 January 2022, 2 February 2022, 8 February 2022, 22 February 2022, 23 February 2022, 1 March 2022:

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-1Dec2021.png SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-7Dec2021.png

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-16Dec2021.png SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-19Jan2022.png

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-2Feb2022.png SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-8Feb2022.png

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-22Feb2022.png SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-23Feb2022.png

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-1Mar2022.png SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-21Mar2022.png

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-1Dec2021

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-7Dec2021

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-16Dec2021

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-19Jan2022

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-2Feb2022

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-8Feb2022

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-22Feb2022

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-23Feb2022

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-1Mar2022

    SP52948-maintenance-staff-regularly-parking-in-private-garages-whilst-designated-parking-spot-left-vacant-21Mar2022

    Other repetitive abuses of parking:

    SP52948-maintenance-staff-illegally-parked-in-clear-no-parking-zone-basement-near-Block-C-16Mar2020

    SP52948-illegally-parked-van-basement-near-Block-C-1Mar2022.png

    SP52948-illegally-parked-car-in-front-of-committee-member-towhouse-Lot-200-photo-4-20Mar2022.jpg

    SP52948-report-submitted-to-Waratah-Strata-Management-about-repeated-illegal-parking-by-staff-26Mar2020

    SP52948-example-of-maintenance-staff-illegally-parking-17Dec2017

  137. Examples of works in units with pollution of common property:

    SP52948-Block-B-major-renovation-and-pollution-through-window-photo-1-2Dec2021

    SP52948-Block-B-major-renovation-and-pollution-through-window-photo-2-2Dec2021

    SP52948-Block-B-major-renovation-and-pollution-through-window-photo-3-2Dec2021

    SP52948-Block-B-major-renovation-and-pollution-through-window-photo-4-2Dec2021

    SP52948-Block-B-major-renovation-and-pollution-through-window-photo-5-2Dec2021

    SP52948-Block-B-major-renovation-and-pollution-through-window-photo-6-2Dec2021

    SP52948-Block-B-major-renovation-and-pollution-through-sunroom-photo-1-19Apr2021

    SP52948-Block-B-major-renovation-and-pollution-through-sunroom-photo-2-20Apr2021

  138. Maintenance staff using elevators for electric scooters. Example: two owners witnessed staff member about to enter elevator with electrict scooter on the ground floor of Block A at around 07:25 hours on 25 February 2022. CCTV recording can prove the event.

    Occasionally, scooter is also left unattended on common property, as photo on 27 October 2020 shows:

    SP52948-unattended-scooter-basement-Block-A-27Oct2020.jpg

  139. For number of years, Lot 158 wanted to ensure all owners have equal rights, including the right to keep small animals, as long as proper conditions were met. Health concerns from bacteria and parasites in dog faeces, and urine on common property, and noise problems were the main concerns, so if they were properly addressed there wa no valid reason to prevent ownerrs and tenanst from having small dogs and cats.

    At AGM 2017, Solicitor directly prevented Lot 158 Motion: SP52948-Solicitor-prevented-Motion-and-disallowed-owners-to-vote-on-approving-amendments-for-Special-By-Law-16-to-introduce-fair-rules-for-keeping-animals-at-AGM-2017.jpg. Four years later, at rushed Extraordinary General Meeting in January 2021, SP52948 finally adopted what Lot 158 was advocating much earlier - they did it because NCAT made such decision in a separate case in 2020.

    City of Ryde has very clear recommendations about dogs: Living-in-Ryde-Dogs-in-Public-Places

    Maintenance staff did not clean dog waste near tennis courts for 14 days in September 2019: SP52948-spot-checking-problems-at-tennis-courts-and-throghout-the-complex-16Sep2019. The NSW Companion Animals Act makes it an offence to not pick up dog faeces in a public place. Fines up to $330.00 apply.

    SP52948-Lot-158-complaint-about-Lot-88-ownership-of-small-dog-without-By-Law-and-official-approval-29Dec2020

    SP52948-complaint-about-Lot-88-not-cleaning-dog-urine-from-common-property-in-basement-below-Block-B-29Dec2020

    SP52948-problems-with-committee-meeting-and-lack-of-published-minutes-of-Extraordinary-General-Meeting-2Feb2021

    SP52948-complaint-about-Lot-88-dog-not-on-leash-14Feb2021

    SP52948-complaint-about-tenant-dog-walking-near-elevator-in-Block-A-19Apr2021 (the same dog owner had multiple incidents with non-compliance with Special By-Law, including frequent loud barking from balcony in Block A that continues throughout 2021)

    Number of owners/tenants kept having little dogs in non-compliance with newest Special Special By-Law for keeping animals. Some examples:

    SP52948-examples-of-non-compliance-with-Special-By-Law-14-for-animals-as-of-29Jul2021

    Block D dog was witnessed entering elevator by walking on leash at 20:10 hours on 19 October 2021. CCTV recording can prove it.

    There is frequent dog barking from balcony in Block A (quite intrusive and unpleasant noise) throughout 2021, and no apparent action was seemingly taken to reason with the owner of the dog who already had several notifiable incidents in non-compliance with Special By-Law.

    Block A dog was witnessed leaving elevator by walking on leash held by a young girl at 19:14 hours on 24 February 2022. CCTV recording can prove it. Security guard was in the office at the time and they would have witnessed the event too.

  140. Whilst owners' letterboxes were targeted by vandalism multiple times in the past, Lot 158 solely continues to experience such activities:

    SP52948-Letterbox-attack-by-thieves-6Mar2013

    SP52948-Letterbox-attack-by-thieves-4Sep2013

    SP52948-complaint-to-BCS-Strata-Management-and-Universal-Property-Services-repeated-letterbox-vandalism-27May2014. Thanks to Lot 158 persistence, SP52948-Lot-158-forced-letterbox-lock-changes-after-many-incidents-19Jun2014

    SP52948-Lot-158-complaint-to-Waratah-Strata-Management-about-persistent-events-related-to-lights-not-operating-near-townhouses-and-letterboxes-29Mar2020

    SP52948-junk-mail-thrown-near-letterboxes-photo-1-28Dec2020

    SP52948-targeted-vandalism-Lot-158-letterbox-notice-for-junk-mail-forcefully-removed-second-time-in-12-months-photo-3-22Dec2021

  141. Since July 2012, professional report by Napier & Blakely warned about OH&S risk for rooftop area in Block C:

    BCS-Strata-Management-hid-professional-building-report-from-SP52948-owners-and-CTTT-Napier-and-Blakeley-July-2012. The report also SP52948-Napier-and-Blakeley-professional-report-2113061511-J13290-complaining-about-lack-of-access-to-strata-maintenance-documents-Jul2012

    SP52948-Napier-and-Blakeley-professional-report-2113061511-J13290-OH&S-risk-for-usage-of-plantrooms-for-storage-Jul2012

    SP52948-roof-area-Block-C-rubbish-not-cleaned-since-July2012-in-spite-of-OH&S-warning-photo-1-10Feb2019

    SP52948-roof-area-Block-C-rubbish-not-cleaned-since-July2012-in-spite-of-OH&S-warning-photo-3-10Feb2019

    SP52948-roof-area-Block-C-rubbish-not-cleaned-since-July2012-in-spite-of-OH&S-warning-photo-5-10Feb2019

    SP52948-Block-C-rooftop-area-with-rubbish-photo-1-13Jul2019

    SP52948-Block-C-rooftop-area-with-rubbish-photo-3-13Jul2019

    SP52948-Block-C-rooftop-area-with-rubbish-photo-5-13Jul2019

    SP52948-Block-C-rooftop-area-with-rubbish-photo-6-13Jul2019

    SP52948-Block-C-rooftop-area-with-rubbish-photo-8-13Jul2019

    SP52948-Block-C-under-roof-area-without-locked-access-and-leftover-items-affecting-OHS-regulations-photo-1-18Apr2021

    SP52948-Block-C-under-roof-area-without-locked-access-and-leftover-items-affecting-OHS-regulations-photo-3-18Apr2021

    SP52948-Block-C-under-roof-area-without-locked-access-and-leftover-items-affecting-OHS-regulations-photo-5-18Apr2021

    SP52948-Block-C-under-roof-area-without-locked-access-and-leftover-items-affecting-OHS-regulations-photo-7-18Apr2021

    SP52948-Block-C-under-roof-area-without-locked-access-and-leftover-items-affecting-OHS-regulations-photo-9-18Apr2021

    SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-1-19Dec2021

    SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-2-19Dec2021

    SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-3-19Dec2021

    SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-5-19Dec2021

    SP52948-Block-C-roof-top-unprotected-access-and-not-cleaned-for-rubbish-photo-7-19Dec2021

  142. Example of drainage problem after light rain:

    SP52948-water-ponding-due-to-poor-drainage-walkway-near-Block-B-photo-1-28Dec2021

    SP52948-water-ponding-due-to-poor-drainage-walkway-near-Block-B-photo-5-28Dec2021

    An example how strata managers and committee members prevent maintenance of common property: SP52948-Lot-158-request-for-tripping-hazard-ignored-by-Waratah-Strata-Management-25Dec2018, with more evidence in SP52948-ongoing-issues-with-pavers-and-tripping-hazard-since-2012

  143. Example of unattended or poorly remediated water leaks in swimming pool wall:

    SP52948-BCS-Strata-Management-and-neglected-wall-swimming-pool-8Jun2012

    SP52948-swimming-pool-wall-water-damages-18Nov2020

    SP52948-swimming-pool-wall-water-damages-3Feb2021

    SP52948-swimming-pool-wall-water-damages-18Mar2021

    SP52948-swimming-pool-wall-water-damages-14Sep2021

    SP52948-swimming-pool-wall-water-damages-28Dec2021

  144. Examples of unfinancial owners allowed to be on the committee and vote:

    BCS Strata Management and Waratah Strata Management - dozen different versions for unpaid gas heating levies whilst allowing such owners to vote and be elected on committee - extract from committee meetings and strata files in period 1999 to 2021

    Unfinancial committee members granted elevator contract renewal to Liftronics on 20 July 2017, in spite of unpaid levies almost three months after due date (1 May 2017)

    SP52948-levy-arrears-for-committee-members-at-meeting-that-decided-to-grant-elevator-contract-to-Liftronics-without-general-meeting-or-details-of-contract-20Jul2017.png

    On 12 October 2017, before general meeting, Waratah STrata Management sent advice on what unfinancial meant to committee members Mr. Stan Pogorelsky (already member of the committee for 17 years) and Mr. Moses Levitt

    SP52948-Waratah-Strata-Management-giving-advice-to-committee-members-Stan-Pogorelsky-and-Moses-Levitt-about-unfinancial-owners-12October2017.png

    Lot 181 was fully aware of consequences of unpaid levies, as this email on 12 April 2019 shows

    SP52948-Lot-181-fully-aware-of-risks-of-unpaid-levies-12Apr2019.png

    Only once an unfinancial committee member was excluded from voting (7 May 2020)

    SP52948-committee-member-Marianna-Paltikian-unfinancial-to-vote-7May2020.png

  145. Spot check in gardens found four faulty lights on 4 January 2022:

    SP52948-faulty-fire-exit-light-since-31May2021-Block-C-external-door-photo-2-taken-on-4Jan2022

    SP52948-faulty-light-in-garden-near-Block-C-photo-1-4Jan2022

    SP52948-faulty-light-near-townhouse-202-photo-2-4Jan2022

    SP52948-faulty-light-near-townhouse-208-photo-2-4Jan2022

  146. Appearance of entrance to the complex on 4 January 2022:

    SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-2-4Jan2022

    SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-4-4Jan2022

    SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-6-4Jan2022

    SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-8-4Jan2022

    SP52948-appearance-of-garden-bed-near-entrance-to-complex-photo-10-4Jan2022

  147. Continuous avoidance to audit common property acquired or changed by private owners without general meetings or special by-laws. Since 2016, Lot 158 tried to enforce proper audit of common property and document items which were not owned by owners corporation any longer. Such attempts were disallowed by BCS Strata Management and Waratah Strata Management. Here is the Motion from 2016 and then 2017, which in 2017 was directly disallowed by Solicitor:

    SP52948-agenda-for-general-meeting-showing-that-Solicitor-examined-and-personally-prevented-76-Motions-by-Lot-158-10Oct2017

    SP52948-Solicitor-prevented-Motion-about-items-excluded-from-common-property-general-meeting-2017

    Not only such audits have not been done, but owners are forced to maintain propety that is not common any longer, therefore benefiting individual private owners at expense of others.

    On 10 January 2022, ex-committee member Lot 151 (Ms. Maureen MacDonald) installed gate with lock on colorbond fence towards external gardens. Since this is a fence dividing the owner's Lot and common property, the responsibility for this fence is shared equally between that particular Lot 151 and the owners corporation – gates located in this area are treated in the same way.

    The new colorbond door was prepared on 21 December 2021:

    SP52948-ex-committee-member-Lot-151-colorbond-panel-replacement-on-common-property-without-decision-at-any-meeting-22Dec2021.png

    The common property attached to Lot 151 was changed with the installation of a new colorbond door as shown on 10 January 2022:

    SP52948-ex-committee-member-Lot-151-colorbond-door-installed-on-common-property-without-decision-at-any-meeting-10Jan2022.png

    Lot 151 reguarly opens her new colorbond door, towards backyard area of Block A where children play on most days and other occupants walk as shown on 10 March 2022. This door also allows unregistered visits to her properly by maintenance staff and others without being recorded on CCTV which applies when going through foyer of the building:

    SP52948-ex-committee-member-Lot-151-colorbond-door-regularly-opened-on-common-property-10Mar2022.png

    148. There was no pressing need to install the gate in Lot 151, whilst in other areas around the complex, long-term neglect is ignored. Example of colorbond fence disconnected from the wall and leaning outwards in Lot 147 (ex-committee member Mr. Moses Levitt):

    SP52948-Lot-147-unattached-colorbond-fence-photo-1-8Feb2022.jpg

    Lot 151 must be invoiced for at least 50% of agreed total cost. In addition, approval to change common property for Lot 151 was not documented in any Minutes and such decision was not made at any legally convened meeting. That is especially important due to fact that Admin Fund balance had negative balance of $53,036.39 three days earlier, on 7 January 2022: SP52948 Balance Status on 7 January 2022, Admin Fund has negative balance of $53,036.39 (one month before next collection of levies is due on 1 February 2022). That balance further worsened: SP52948 Balance Status on 19 January 2022, Admin Fund has negative balance of $112,530.07 (11 days before next collection of levies is due on 1 February 2022)... SP52948 Balance Status on 26 January 2022, Admin Fund has negative balance of $115,678.10 (5 days before next collection of levies is due on 1 February 2022)... SP52948 Balance Status on 30 January 2022, Admin Fund has negative balance of $116,068.14 (2 days before next collection of levies is due on 1 February 2022)

    Lot 151 now often opens gate towards common area where children play and others walk:

    SP52948-Lot-151-new-gate-daily-opened-on-common-property-photo-1-18Feb2022.png

    SP52948-Lot-151-gate-opened-on-common-property-25Mar2022.mp4

    It also means that Lot 151 and her visitors are the only persons in four buildings with 192 units who can enter/leave building without being recorded by CCTV (they can exit the building without going through foyer).

    On 8 February 2022, drainage cleaning was witnessed within Lot 151 courtyard, which, in the past was declined to be done for other owners on ground floor.

  148. In spite of repetitive warnings about excessive sand being potential risk for tripping/slipping hazard in pathway near tennis courts, no action was taken to rectify the problem, as photos taken on 17 April 2021, 24 February 2022, and 20 March 2022 show:

    SP52948-excessive-sand-outside-tennis-courts-photo-1-17Apr2021.jpg SP52948-excessive-sand-from-tennis-courts-creating-tripping-hazard-and-not-cleaned-for-more-than-two-years-photo-1-24Feb2022.jpg SP52948-excessive-sand-from-tennis-courts-creating-tripping-hazard-and-not-cleaned-for-more-than-two-years-photo-1-20Mar2022.jpg

  149. Apperance of garden bed wall behind Block C on 5 March 2022:

    SP52948-appearance-of-wall-painting-near-Block-C-photo-1-5Mar2022.jpg

    ... and videos:

    SP52948-appearance-of-wall-painting-near-Block-C-video-1-5Mar2022

    SP52948-appearance-of-wall-painting-near-Block-C-video-2-5Mar2022

  150. Garden bed walls continue to be unmaintained. Photos taken on 8 March 2022:

    SP52948-appearance-of-garden-bed-wall-photo-1-8Mar2022.jpg SP52948-appearance-of-garden-bed-wall-photo-3-8Mar2022.jpg SP52948-appearance-of-garden-bed-wall-photo-5-8Mar2022.jpg

    SP52948-appearance-of-garden-bed-wall-photo-7-8Mar2022.jpg SP52948-appearance-of-garden-bed-wall-photo-9-8Mar2022.jpg SP52948-appearance-of-garden-bed-wall-photo-11-8Mar2022.jpg

    SP52948-appearance-of-garden-bed-wall-photo-13-8Mar2022.jpg SP52948-appearance-of-garden-bed-wall-photo-15-8Mar2022.jpg SP52948-appearance-of-garden-bed-wall-photo-17-8Mar2022.jpg

  151. Second incident with broken tennis court poles due to rust in three years (first on 10 August 2019 and second on 12 April 2022). On 11 August 2019, the following was sent to Waratah Strata Management and reply was never received:

    Please take this request very seriously.

    Action

    a) Lot 158 found out about damaged tennis court 2 yesterday, 10 August 2019. Attachment "SP52948-tennis-court-2-damage-10Aug2019.jpg". The damage was probably caused by some human so photo evidence was taken as evidence.

    b) As per standard schedule, Lot 158 plays tennis on court 1 every Sunday between hours of 08:00 and 09:00. Lot 158 owners left complex at around 07:56 hours today.

    c) Between 07:56:52 and 07:58:42 number of photos were taken documenting repainted rusted lock, tennis notice board, and the damage of tennis court 2.

    d) Whilst taking photos, maintenance staff suddenly appeared near stairs at around 07:58 hours and shouted something that was not easy to understand due to windy conditions. It appears he deliberately went to monitor owners of Lot 158 within two minutes after he had seen them exiting the building. He carried mobile phone in his hands and seemed to have taken photos or video of Lot 158 owners, for no valid reason.

    e) As soon as we looked at him, at 07:58:14 he rushed towards the office that building manager staff use for free on ground floor of Block A. In total, maintenance staff stayed near tennis court around 20-odd seconds.

    Impact

    During 2018, three Police events were raised by Lot 158 for stalking, attempts to intimidate, and bullying in the complex by staff of maintenance staff:

    E244254697 on 26 March 2018

    E69860959 on 26 October 2018

    E265804296 on 14 November 2018

    In addition, there was an alleged assault case against Lot 158 owner, which was dismissed by the court.

    There is plenty of other evidence of maintenance staff being rude and threatening others in the complex.

    Stalking or intimidation with intent to cause fear of physical or mental harm is a serious criminal activity. It involves pattern of conduct which, taken together, amounts to a form of harassment.

    Before further action is taken, due to persistent attempts to intimidate, threaten, and stalk tenants of Lot 158, the following is required:

    CCTV recordings from four cameras to be kept until further notice and reviewed together with Lot 158:

    Maintenance staff office,

    Block A foyer,

    Entrance to Block A,

    Near letterboxes in front of the complex.

    The recordings will provide evidence of whereabouts of maintenance staff from the moment of entering the complex. It is noted that Waratah Strata Management stayed silent and did not respond or take any action even when Lot 158 female owner directly pleaded. Attachment "SP52948-Lot-158-female-owner-plea-to-Waratah-Strata-Management-18Feb2018.jpg" taken during document search at Waratah Strata Management on 31 May 2019 proves that strata manager and EC members had knowledge of it but refused to act.

    Explanation what was the logical or valid reason and who approved taking video or photos of Lot 158 owners on the mobile phone by maintenance staff.

    Photos taken on tennis court 2 on 10 and 11 August 2019:

    SP52948-tennis-court-2-damage-10Aug2019.jpg SP52948-tennis-court-2-damage-photo-1-11Aug2019.jpg SP52948-tennis-court-2-damage-photo-5-11Aug2019.jpg

    SP52948-tennis-court-2-damage-photo-6-11Aug2019.jpg

    On 12 April 2022, same issue happened on court 1:

    152. SP52948-tennis-court-1-damage-photo-9-12Apr2022.jpg SP52948-tennis-court-1-damage-photo-1-12Apr2022.jpg SP52948-tennis-court-1-damage-photo-2-12Apr2022.jpg

    SP52948-tennis-court-1-damage-photo-3-12Apr2022.jpg SP52948-tennis-court-1-damage-photo-4-12Apr2022.jpg SP52948-tennis-court-1-damage-photo-5-12Apr2022.jpg

    SP52948-tennis-court-1-damage-photo-6-12Apr2022.jpg SP52948-tennis-court-1-damage-photo-7-12Apr2022.jpg SP52948-tennis-court-1-damage-photo-8-12Apr2022.jpg

  152. Examples of failures to disclose correct version of By-Laws to owners and tenants:

    Since 2003, until late 2017, Special By-Law 4, giving exclusive rights to common property to ex-committee member Lot 3 Mrs. Lorna Zelenzuk was not listed for owners and investors, in spite of numerous pleas to BCS Strata Management and later Waratah Strata Management SP52948-Special-By-Law-4-Lot-Owner-3

    SP52948-explanation-about-missing-Special-By-Law-4-documents-and-S108-search-ignored-by-BCS-Strata-Management-Russell-Young-4Aug2014. This was an offical copy of By-Laws made available to owners: SP52948-Registered-By-Laws-Missing-By-Law-for-Lot-3-DocID-2541110-BCS2541110-29Jan2014

    SP52948-reminder-sent-to-Waratah-Strata-Management-about-missing-Special-By-Law-4-4May2017

    SUBMISSION-FOR-SP52948-EC-meeting-invalid-version-of-latest-By-Laws-for-SP52948-sent-on-8Dec2017. Waratah Strata Management sent the following By-Laws in paper format to Lot 158 SP52948-Alleged-By-Laws-sent-by-Waratah-Strata-Management-8Dec2017(Special By-Law 3 providing exclusive rights to common property to ex-committee member Lot 3 Mrs. Lorna Zelenzuk was missing!). The actual By-Laws secretly registered by Waratah Strata Management on 30 October 2017 were obtained by Lot 158 at LPI at own cost: SP52948-Consolidated-By-Laws-30Oct2017(Special By-Law 3 providing exclusive rights to common property ex-committee member Lot 3 Mrs. Lorna Zelenzuk was wrongly listed as ordinary By-Law)

    SP52948-false-version-of-By-Laws-sent-to-owner-and-refusal-by-Waratah-Strata-Management-to-prevent-stalking-of-female-owner-21Jun2018

    SP52948-Crittenden-Lawyers-declined-to-respond-to-confidential-inquiry-about-their-involvement-in-By-Laws-review-and-secret-registration-of-Consolidated-By-Laws-21Jul2018. The inquiry contained evidence of issues with By-Laws and even obvious errors in their secret registration on 30 October 2017: 

    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 since
30 October 2017 are ILLEGAL.

    SP52948-report-for-owners-about-secret-registration-of-Consolidated-By-Laws-and-Police-Event-for-insurance-claims-and-CTTT-Statutory-Declaration-28Jul2018

    SP52948-Waratah-Strata-Management-silent-about-missing-By-Laws-for-owners-and-tenants-8Jan2021

    Latest version of By-Laws, made at rushed and unnecessary Extraordinary General Meeting in January 2021, which redefined Major Renovations in non-compliance with Fair Trading NSW allowing them to be delegated to the committee: SP52948-Consolidated-By-Laws-9Mar2021. Here is what Fair Trading NSW says about renovations, including Major Renovations:

    Major renovations

    Major renovations include:

    structural changes

    waterproofing

    changes affecting the outside appearance of the property, such as an access ramp

    work that needs approval under other laws (for example, council approval).

    Approval for major renovations

    The work needs a special resolution vote. Then the owner must give the owners corporation at least 14 days written notice before the work starts. This should describe the proposed alteration.

    The owners corporation cannot delegate approval for major renovations to the strata committee.

    Renovations and common property rights

    If an owner needs to use part of the common property, like attaching an air conditioning unit to a common property wall, they must get approval through a common property rights by-law.

    The common property by-law must state who is responsible for maintaining the common property. This responsibility would either:

    stay with the owners corporation, or

    go to an owner or owners.

    Before the by-law can be passed, the lot owner or owners must first:

    agree to the by-law.

    consent to maintaining the common property (if the by-law includes this).

    These Consolidated By-Laws were registered on 1 February 2021, and screenshot of Waratah Strata Management website shows that even as of 26 February 2021, no owner had access to them, and they were not sent via post or email either:

    SP52948-waratahstrata.com.au-website-Documents-folder-part-1-26Feb2021

  153. Examples of overdue payments of invoices:

    SP52948-FY-2018-unusual-payments-for-overdue-gas-account-undisclosed-to-owners-by-Waratah-Strata-Management

    SP52948-Waratah-Strata-Management-deliberate-and-premeditated-delay-to-pay-Solicitor-invoice-for-four-months-23Jun2019

    These are not unique to Waratah Strata Management, as BCS Strata Management had same behaviour in the past:

    SP52948-BCS-Strata-Management-Delaying-Payments-from-Common-Funds

  154. In period 1 February 2017 to 26 January 2022 (almost five years) Waratah Strata Management published only 138 documents for strata plan SP52948 on their secure website. Of those 138 documents, only 101 are for period from 1 February 2017, and there is not a single copy of evidence of signed Standard Costs Agreements and its delivery to Solicitor, Crittenden Solicitors, and undentified barrister who allegedly had duty to respond to O'Brien Criminal & Civil Solicitors in May 2020:

    SP52948-waratahstrata.com.au-website-Documents-folder-page-1-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-2-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-3-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-4-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-5-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-6-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-7-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-8-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-9-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-10-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-11-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-12-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-13-26Jan2022

    SP52948-waratahstrata.com.au-website-Documents-folder-page-14-26Jan2022

  155. In period 1 February 2017 to 26 January 2022 (almost five years) Waratah Strata Management did not publish a single quote for any type of work for strata plan SP52948 on their secure website:

    SP52948-waratahstrata-website-Open-and-Closed-Quotes-do-not-exist-26Jan2022

  156. Example of colorbond fence problem, behind townhouse, unattended for seven years:

    SP52948-townhouse-colorbond-fence-unmaintained-for-more-than-seven-years-photo-1-20Jan2022.jpg

    This is how maintenance staff dealth with the problem in 2019: took no action because "townhouse owner did not complain": SP52948-confirms-not-repairing-colorbond-fence-just-because-owner-not-complaining-20May2019.png

    SP52948-townhouse-colorbond-fence-safety-issue-7Oct2019.jpg

  157. Examples of delays to return abandoned shopping centre trolleys to rightful owners:

    SP52948-abandoned-shopping-centre-trolley-on-Fontenoy-Road-near-townhouses-6Jan2022

    SP52948-abandoned-shopping-centre-trolley-on-Fontenoy-Road-near-townhouses-photo-1-16Jan2022

    SP52948-abandoned-shopping-centre-trolley-on-Fontenoy-Road-near-townhouses-photo-2-19Jan2022

    This is not a new problem. Some owners and tenants also abuse property that does not belong to them. Here is an example of trolley hiding behind fire doors in 2017, directly affecting proper evacuation procedures in case of emergencies:

    SP52948-hiding-shopping-trolleys-behind-fire-doors-30Sep2017.jpg

    Here is an example of trolley left near caretaker's office for many days in 2015:

    SP52948-trolley-near-caretaker-office-left-for-many-days-2015.jpg

    Here is an example of trolley used by maintenance staff and left neat Block A elevator in 2017:

    SP52948-trolley-used-by-maintenance-staff-and-left-near-Block-A-elevator-2017.png

    Here is some of the report about trolleys in 2020, 2017, and 2015:

    SP52948-concerns-about-trolleys-ignored-by-Waratah-Strata-Management-7Aug2020

    SP52948-concerns-about-hot-water-gas-readings-andother-issues-ignored-by-Waratah-Strata-management-3Jun2017

    SP52948-Lot-158-concerns-about-Lot-158-keeping-supermarket-trolleys-as-own-10Sep2015

    Lot 158 warned about the problems number of times, to no avail:

  158. Special By-Law 4 giving exclusive rights to common property to ex-committee member was hidden from owners by BCS Strata Management (and in 2017 by Waratah Strata Management) and not listed in strata By-Laws for almost 17 years:

    SP52948-submission-to-BCS-Strata-Management-about-secret-and-illegally-approved-Special-By-Law-4-giving-exclusive-rights-to-ex-committee-member-4Aug2014

    SP52948-reminder-sent-to-Waratah-Strata-Management-about-missing-Special-By-Law-4-4May2017

    SP52948-Lot-158-response-to-Lot-3-in-regards-to-secret-Special-By-Law-4-17May2017

    SP52948-submission-to-Waratah-Strata-Management-about-false-version-of-latest-By-Laws-sent-to-owner-and-correct-version-not-given-to-any-owner-8Dec2017