Investigative Journalism and Learning Hub - Waratah Strata Management Ignored Concerns About SP52948 on 17 June 2018

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From: SP52948 owner
To: Simon Wicks, Robert Crosbie
Subject: SUBMISSION FOR SP52948 EC meeting: False version of latest By-Laws for SP52948 sent on 8Dec2017
Date: 17/6/18, 1:56 pm

Submitted as per SSMA 2015, Section 43 (a), (b), (d), and (e) for SP52948 EC meeting on June 2018 if the first EC meeting since April 2018:

1. None of the problems reported by Lot 158 during 2018 (three emails) have been responded to and majority of problems still not resolved.

It includes my wife's REPEATED plea for own safety, which was ignored and culminated with Police Event dated 26 March 2018 for repeated stalking and attempt to intimidate by Uniqueco staff member. Police was allegedly not allowed to get access to two CCTV recordings that provided evidence of the event!

2. Agenda of EC meeting in February and April 2018 were not sent to Lot 158.

3. Minutes of EC meeting held in February 2018 were not sent to Lot 158 and not published on notice boards.

4. Minutes of EC meeting held in April 2018 were not sent to Lot 158.

5. Minutes of EC meeting in April 2018 incorrectly stated that I complained to the Police. That is wrong: I actually submitted evidence of alleged insurance frauds and false statements in Statutory Declaration to CTTT.

I have written confirmation from BCS Strata Management that ALL SP52948 strata files had been delivered to Waratah Strata Management, which suggests that Waratah Strata Management failed to provide evidence of eight emails to me at the Police so far:

Email from Solicitor Mr. Adrian Mueller to Branch Manager Mr. Paul Banoob dated 5 July2012 at 04:41 pm

Email from Branch Manager Mr. Paul Banoob to Strata Manager Mr. Garry Webb dated 5 July 2012 at 04:57 pm

Email to EC members and one staff member at BCS Strata Management from Strata Manager Mr. Garry Webb dated 6 July 2012 at 08:32 am

Email to EC members and two staff members at BCS Strata Management from Chairperson dated 6 July 2012 at 12:48 pm

Email to EC members and two staff members at BCS Strata Management from Chairperson dated 9 July 2012 at 10:18 pm

Email from Solicitor Mr. Adrian Mueller to Mr. Peter Bone dated 16 July 2012 at 6:52 pm

Email from Mr. Peter Bone to Solicitor Mr. Adrian Mueller dated 25 July 2012 at 2:13 pm

Email from BCS Strata Management staff member Ms. Debbie Downes to EC members dated 16 April 2013 at 1:52 pm

6. On 23 November 2017, I requested access to latest By-Laws. Waratah Strata Management sent a letter dated 8 December 2017, with photocopy of By-Laws that were NOT VALID on the date of the letter.

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

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

The Consolidated By-Laws contain two major errors:

By-Law 4 Lot 3 Window on page 7 is a Special By-Law, not an ordinary one.

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.

As a separate issue it is a fact that AGM 2017 is invalid due to unpaid levies for second gas connection since 1999 (levies do not have expiration date and cannot be waived without full disclosure).

Regards,

On 23/11/17 07:36, SP52948 owner wrote:

Hello,

You are requested to provide me with the updated version of the By-Laws for legal reasons (as registered with the Department of Land after AGM 2017) in paper format (no emails).

Thank you.