Subject: OFFICIAL SUBMISSION: SP52948 Updated Motions for AGM/EGM 2017 and other issues for Secretary of EC on 29Apr2017
From: SP52948 owner
Date: 29/04/17 07:37
To: Robert Crosbie
BCC: EC members

Hi Robert,

Thank you for the response but it fails to meet even basic standard of professionalism and compliance
with strata laws.

As I do not have any confidence that you shared all requests with EC members, I reserve the right to
contact EC members myself herewith:

http://www.nswstratasleuth.id.au/Waratah-Strata-Management/SUBMISSION-to-Waratah-Strata-Management-for-SP52948-EC-meeting-on-20-Apr2017.html

Just land itself, our complex has value of more than $27,600,000.000 (dated 1 August 2016).
Buildings and other property is well above $120,000,000.000. This requires very careful management
of common funds and planning to AVOID SPECIAL LEVIES.

Before going into other details, I need to state that attempt to prevent my Motions from next general
meeting will fail as reason for it has been trivialized (Explanatory Notes not having more than 300
words in length). In fact, many Motions were already valid - refer to the attachments.

I strongly advise that my Motions for By-Laws be included in the review of the By-Laws immediately.

As I predicted such attempts, I already prepared a version that "complies" with SSMA 2015, Schedule
1, Part 2 Section 4(2). Refer to official attachment that I herewith submit to the Secretary of the EC
for the next general meeting (I predict EGM will be required in next two months to vote on new
elevator maintenance contract).

1. Engagement of legal advice for preparation of new By-Laws.

Waratah Strata Management and EC members failed to comply with SSMA 2015 Section 105 in regards
to disclosure of costs of legal services.

Waratah Strata Management did not publish copy of the Standard Costs Agreement and Disclosure of any legal
service provider who bid for the By-Law review.


2. There were 29 major issues in my report for EC members and strata agency.
Secretary of the EC failed in their duties to address them. In addition, owners
corporation has been denied rightful access to them:

http://www.nswstratasleuth.id.au/Waratah-Strata-Management/ANNOTATED-SUMMARY-for-Waratah-Strata-Management-on-SP52948-Open-Issues-and-still-undisclosed-Special-By-Law-for-Lot-3-and-photos-of-the-complex-17Mar2017.html

Secretary of the EC, Mrs. Lorna Zelenzuk, or you if delegated duties, failed to
comply with SSMA 2015 Section 43.


3. It is not clear when and if you have been delegated responsibilities of the Secretary of
the EC. Officially, Mrs. Lorna Zelenzuk, from Lot 3, is our Secretary and there has been
no official update for owners that this changed.

The delegation of the functions must comply with SSMA 2015 Section 54.


4. Alleged Strata Managing Agent for SP52948, Mr. Simon Wicks (who was removed
from managing our complex due to unsatisfactory performance whilst employed by
BCS Strata Management several years ago) did not attend EC meeting
held on 20 April 2017.


5. Only six EC members attended EC meeting on 20 April 2017 in person.


6. Minutes of EC meeting held on 20 April 2017 failed to be published on notice boards.


7. Waratah Strata Management and EC members failed to present this information to owners
to protect private interests of selective group of EC members and townhouse owners:

a) In period from 21 July 1999 (EC meeting) till 6 May 2013 when the Special By-Law 12 was
registered, the levies for second gas connection were struck at $200.00 per year,

b) In period since 6 May 2013, the applicable gas levies are $50.00 per year,
retrospective since EC meeting held on 23 August 2013.

c) At EC meeting held on 16 March 2017, the gas levies were increased to $220.00 per year.

More important is the final admission how many EC members had second gas connection but failed
to disclose for how many years they did not pay the levies:

Mrs. Lorna Zelenzuk, Lot 3
Mr. Upali Aranwela, Lot 62 (ex-EC member)
Mr. Stephen Luxmoore, Lot 144
Mr. Moses Levitt, Lot 147
Mr. Stan Pogorelsky, Lot 181

In addition, these townhouses have second gas connections but were receiving reimbursements
for private gas usage for many years:

Lots 194, 199, 206, and 209.

Finally, EC meeting 17 May 1998: Application by owner of townhouse 213 and the EC approval that all
future gas costs were to be met by the owner, so this owners should have never received
reimbursements for personal gas usage that they claimed for 19 years!

Current EC members Mrs. Lorna Zelenzuk (Secretary of the EC), Mr. Moses Levitt,
and Mr. Stan Pogorelsky (Chairperson of the EC) failed to declare the special interest in
this issue.

A member of the strata committee must disclose any direct or indirect financial interest the member
has in a matter to be considered by the strata committee where that interest appears to raise
a conflict with the member's duties (SSMA 2015 Clause 18(1) of Schedule 2). The member must not
be present during the deliberation of the matter or take part in a decision, unless the strata
committee otherwise determines (SSMA 2015 Clause 18(4) of Schedule 2).


8. Waratah Strata Management and EC members failed to present this information to owners
to protect private interests of selective group of EC members and townhouse owners:

Current EC member Mrs. Lorna Zelenzuk (Secretary of the EC) failed to declare the special interest in
issue of insurance reimbursement claim by CHU Insurance at meeting held on 16 March 2017.

A member of the strata committee must disclose any direct or indirect financial interest the member
has in a matter to be considered by the strata committee where that interest appears to raise
a conflict with the member's duties (SSMA 2015 Clause 18(1) of Schedule 2). The member must not
be present during the deliberation of the matter or take part in a decision, unless the strata
committee otherwise determines (SSMA 2015 Clause 18(4) of Schedule 2).

http://www.nswstratasleuth.id.au/SP52948-Undisclosed-Details-of-CHU-Insurance-Reimbursements-Waratah-Strata-Management-Contract-details-and-Defamation-of-Lot-158-through-false-statements-at-EC-meeting-16Mar2017.pdf


9. Under pressure, new alleged Capital Works Funds was commissioned on 31 March 2017 but it
significantly fails to meet vendor's recommendations.

Biv Reports was approached by me and questioned how they generated the assessment as it
completely failed the due process. Minutes of the EC meeting held on 20 April 2017 now confirm
that I was right and that this Capital Works Funds was a complete waste of owners corporation
money:

http://www.nswstratasleuth.id.au/Waratah-Strata-Management/INQUIRY-Unanswered-by-Biv-Reports-on-10-Year-Capital-Works-Fund-Plan-for-Strata-Plan-SP52948-15Apr2017.html

$2,090.00 (inc GST) was wasted on this report.


10. Lot 191 alone had 20 repairs for water leaks in six years (last two repairs in March 2017).
EC members and Waratah Strata Management want to prevent owners from knowing about it:

Macquarie-Gardens-photos/gallery/index.php?/category/41

I approached NCB Plumbing about it:

http://www.nswstratasleuth.id.au/Waratah-Strata-Management/Inquiry-to-NCB-Plumbing-Re-SP52948-and-hidden-information-about-proper-water-leak-repairs.html

Regards,


On 27/04/17 10:43, Robert Crosbie wrote:

 

We write with regard to your emails dated 3 April and 16 April 2017 and advise these were discussed at the recent strata committee meeting, with the following responses provided by the committee:

CHU Insurance - This matter was responded to following the previous committee meeting and will not be responded to again.

 

Special By-Law 4 - This has been included on the consolidated by-laws prepared by Waratah Strata and is available to all owners from Waratah's portal.

 

Lot 158 timber flooring - Floating timber flooring not permanently affixed to common property floors or walls can be installed in accordance with By-Law 14.

 

Requested By-Laws - The 116 page request for motions to be placed on the agenda of the next available general meeting does not comply with Schedule 1, Part 2 Sec 4 (2) of the Strata Schemes Management Act 2015.

 

Lot 191 Leaks - This matter was addressed at the previous committee meeting and will not be responded to again.

 

Capital Works Forecast - This report is intended to be used only as a guide for financial planning purposes and is not intended to be a comprehensive actual costing of all maintenance requirements. The Owners Corporation can choose to use or alter the recommended contributions when setting the levies at each AGM.

 

Gas Connection Charges - The committee have attempted to implement a fair & just system for all owners for the charging of gas supply. They are entitled to adjust these arrangements from time to time as required.  

 

Regards,

 

Robert Crosbie

Waratah Strata Management

P.O. Box 125, Eastwood NSW 2122

Ph (02) 9114 9599

Fx (02) 9114 9598

www.waratahstrata.com.au