Hi Robert,

Thank you. Your comments are noted. Let's concentrate on matters
related to strata.

As it is officially confirmed by you and witnessed by EC members that owners corporation does
not want me to pay for inspection of strata documents before the visit, here is the date:

Tuesday, 13 June 2017 at 10:00 hours

Your written permission is now on record.

All strata documents are scanned or created in electronic form, so as long as they are
fully available, I foresee no problems. Other documents, if they still exist in paper form,
must be made available in any case.

Good strata agencies that I know and have impeccable reputation provide access to documents
to owners without being asked. That ensures transparency and makes management easy,
friendly, and smooth.

SSMA 2015 Section 43  is clear about duties of the Secretary of the EC, including document
inspection:

http://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s43.html

And duties of the Treasurer:

http://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s44.html

SSMR 2016 Section 42 is also very clear:

QUOTE
Inspection of records
For the purposes of section 182 (3) (k) of the Act, the owners corporation must make
available for inspection the accounting records and other records relating to the strata
scheme that are kept by the strata managing agent.
END QUOTE

Finally, Strata Management Agency has duties and functions as described in the
Property, Stock & Business Agents Regulations (Schedule 6 Clause 6).

At the end of the inspection, either you or Secretary of the EC will be requested to sign
my summary of what I find so that there is record of what I say on the day and nobody
can question or doubt. You then can decide to prove that the documents are available,
or take no further action to help me get access to files that I and other owners share and
own (and pay money for).

I forced Solicitor Mr. Adrian Mueller to do the same several years ago and have a document
that is now becoming very valuable. If EC or you are not prepared to do it or refuse to do it,
just provide an answer to this email.

Regards,


On 16/05/17 16:52, Robert Crosbie wrote:

Firstly, please have the courtesy to put your name at the end of your correspondence so we know who it is
that is writing to us. You have used a number of different email addresses and it is not our responsibility
to know who you are just from an email address that does not include your name.

At this point of time both of that dates you have requested are available for you to inspect the strata
records. Please confirm which date you plan to attend.

As stated the inspection fees are $31 for the first hour and $16 per half hour thereafter. As the strata plan
is registered for GST, GST will be charged on top of the stated fees. We charge $0.50 +GST per page of
photocopying/printing. We are unable to provide you with an invoice at this time as the cost of your inspection
is not currently known. You can pay by cheque or EFT at the conclusion of your inspection and we will then be
provide with a payment receipt.

We will be making available all of the paper and electronic records provided to us by BCS. We have no knowledge
of the completeness or accuracy of the records provided by BCS. We will also provide all of the paper and electronic
records held by Waratah Strata Management. We will not be preparing any of the information you have requested below.xi
This is up to you to extract that information from the strata records.

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

-----Original Message-----
From: SP52948 owner
Sent: Monday, 15 May 2017 9:51 PM
To: Robert Crosbie
Cc: EC members
Subject: OFFICIAL SUBMISSION: SP52948 Request for inspection of records on 15May2017

Hi,

In compliance with SSMA 2015 Section 182, I submit notice to the owners corporation with requests for
inspection of records of owners corporation on one of the dates listed below:

Tuesday, 13 June 2017 at 10:00 hours
Friday, 16 June 2017 at 10:00 hours

Document viewing is requested through electronic access, as per SSMA 183(3).

As per SSMA 183(2), owners corporation must immediately give a written notice fixing a specified time within three days
after receiving the application and no latter than 10 days after receiving the application.

For any document that owners corporation is not willing to provide, or plans to refuse my access to, I need a written statement.

Please send me PROMPTLY the invoice for the fee prescribed by the regulations so that payment can be made without delay.
SSMR 2016 Schedule 4 lists fees at:

$31.00 and an additional $16.00 for each half-hour or part of half-hour after the first hour of inspection.
I envisage two hours would be sufficient and any possible delays orchestrated by the strata agency will not be counted
for payments.


Request to access strata documents:

1. Full accounting documents as audited by certified accountants for last five financial years ending 31 August in each year:

Debtor Financial Status
Cash Book Receipts
Cash Book Payments
Bank Reconciliation
Detailed Expenses (Transaction Records) for Admin and Sinking/Capital Works Funds
Cash Management Statement of Financial Position (electronic copy of bank statements of all strata
accounts on the day of my visit for document viewing)

2. Full accounting documents for the current financial year up to the date of the inspection (counting backwards from June 2017):

Debtor Financial Status
Cash Book Receipts
Cash Book Payments
Bank Reconciliation
Detailed Expenses (Transaction Records) for Admin and Sinking/Capital Works Funds Cash Management Statement
of Financial Position

For the purposes of section 96, the 2016 Management Regulation prescribes additional accounting records that an
owners corporation must keep, including consecutively numbered receipts, a statement of deposits and withdrawals for
the owners corporation accounts, a cash record and a levy register (Clause 22).


3. Evidence that owner of Lot 3 Mrs. Lorna Zelenzuk reimbursed owners corporation in amount of $121.00 for water leak
inspection, as per letter from BCS Strata Management dated 9 August 2012 in NCB Plumbing invoice number 30162
dated 26 July 2012.

 
4. Invoices and payments for all insurance claims made for or on behalf of owners corporation in last five years
(counting backwards from June 2017).


5. Evidence of public liability insurance by owner of Lot 3 Mrs. Lorna Zelenzuk as per Special By-Law 4 for the last
five years (counting backwards from June 2017).


6. Correspondence provided by BCS Strata Management and the owners corporation in regards to Department of Fair Trading
file 7563482 in 2015, in which allegedly they notified DFT about full compliance with SSMA 1996 S108.


7. All invoices with fully itemised billing by Solicitor Mr. Adrian Mueller in period 2012 till June 2017.


8. Register of owners with additional gas connections in buildings and townhouses and dates since the levies for
them should apply.


9. Evidence of repayments for additional gas connections for previous years from all owners in buildings and townhouses
for whom this applies. Of special interest are current and previous EC members:

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 (since 1999)


10. Evidence of responses to BCS request dated 14 April 2014 in regards to owners who had to complete a form with
information about presence or absence of gas heating connection in their residence, including when the installation
was completed and the capacity of the appliance attached to the connection.


11. Evidence of responses to BCS request dated 30 June 2014 in regards to owners who had to complete a form withxi
 information about presence or absence of gas heating connection in their residence, including when the installation
was completed and the capacity of the appliance attached to the connection.


12. Evidence of list of owners with additional gas connections as confirmed in the minutes of EC meeting held on
10 September 2014.


13. Evidence that the following owners disconnected second gas connection, as per audited accounting data for period
1 September 2009 to 31 September 2010:

Lot 62
Lot 102
Lot 147
Lot 148
Lot 175
Lot 192


14. Evidence that owner of lot 88 does not have active second gas connection, as approved on 19 September
2013 to Ms. M Gaits.


15. Evidence that owner of lot 168 Mr. Peter Friede reimbursed owners corporation correct amount for second gas connection
($220.00 GST inclusive per annum) as documented in all official correspondence except incorrect minutes of EC meeting
held on 28 August 2013 which wrongly stated that the levy was $55.00 per annum.


16. Evidence of townhouses that have second gas connections but were receiving reimbursements for private gas usage for
many years:
     
Lots 194, 199, 206, and 209

Evidence of repayments for claimed personal gas usage reimbursements claimed by these four townhouse owners for all
years they should not have applied.


17. Evidence of all repayments for received private gas usage for townhouse 213.
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.


18. Evidence of response by lot 194 who was fully informed about requirement to have second gas meter for the hot
water tank, dated 28 March 2011.


19. All monthly Building Manager’s reports as per contract signed by two EC members on behalf of owners corporation
on 5 December 2014, including photo proofs of damages and faults.


20. All Service Reports or full Six-Monthly Reports by ThyssenKrupp Elevators for the last five years (counting
backwards from June 2017).


21. Paperwork for last five AGMs including proxy papers, and ballots. Of special interest is the calculation of valid
owners to vote at general meetings who were financial at the time of the meeting in accordance with Clause 10(8) of
Schedule 2 of the Strata Schemes Management Act 1996 (includes the settlement of all levies and dues to owners corporation).


22. Details of official signatories who can withdraw from SP52948 strata funds.


23. Proof that long-standing EC member from Lot 218 Mr. Jeffery Wang paid all levies, as per outstanding contributions
letter sent to him on 20 October 2014 in amount of $1,450.40 before the AGM 2014.


24. The EC meeting held on 12 February 2014 stated that the service provider failed to install number of LEDs, although
they had charged owners corporation for the work. Since that meeting, owners never received an update if Strata Manager
resolved the issue of undelivered service.

EC member Mr. Moses Levitt was delegated duty to investigate it. Over the last four years, (2013-2017) undisclosed expenses
for various lights replacements and “improvements” amounted to above $70,000.00.

Provide document with EC member from Lot 148 findings and actions.


25. Evidence of valid legal contract and earnings credited to owners corporation by "allowing"
BigAir Group to run wireless services in our complex.

Proof of BigAir Group reimbursements for electricity usage in the complex.

All correspondence with BigAir in period 2012-2017, including undisclosed legal costs.

All correspondence with Office of Telecommunications Ombudsman and Australian Communications and Media Authority in
period 2010-2017 (if applicable).


26. Disclose all rebates and commissions for the renewal of electricity supply dated 8 July 2015.

Strata Manager Mr. Simon Wicks, who was removed from managing SP52948 in 2011, and has confirmed history of mismanagement,
was approached by Energy Action to renew electricity supply contract for number of strata plans as early as 11 March 2015. 
Mr. Simon Wicks was not an official representative of SP52948 since 2011.

There is no evidence that any other EC member was involved in decision to engage Energy Action, and in period since 4 March 2015,
EC conducted no official meetings that were reported to owners corporation (apart from short meeting on 4 November 2015,
straight after the Annual General Meeting).

Strata Manager Mr. Gary Mills, without official decision at General Meeting, or official decision by the Executive Committee,
signed the electricity supply contract for three-year period on 8 July 2015, two months before the expiration of the contract.xi
x No owner received any information about it.


27. Copies of three quotes and evidence of decision made by EC which provider to engage in regards to replacement of hot waterxi
 tank in Block C in January 2017. Three quotes were confirmed by Building Manager Mr. Steve Carbone.

Australian Hot Water was paid $9,639.00 (GST inclusive) in January 2017 for Rinnai internal commercial gas continuous flow
HWS x 5 for Block C, with only five-year manufacturer warranty and one-year warranty on installation. Balance on completion
of work: $22,681.71. Total cost: $32,320.71.


28. Evidence of multiple quotes for the following work:

Kintyre roof membranes in Blocks B and D that were completed at cost of close to $170,000.00 (GST inclusive),

Creditor                    DocNo.    Doc.Date      Doc.Total  Date Presented              Comments
KINTYRE BUILDING SERVICES   42493A   11/12/2015     $7,785.00    11/02/2016    Block D: roof membrane - fourth part
KINTYRE BUILDING SERVICES   42493    11/12/2015    $25,000.00    21/12/2015    Block D: roof membrane - third part
KINTYRE BUILDING SERVICES   42215    2/11/2015     $32,786.00    23/11/2015    Block D: roof membrane - second part
KINTYRE BUILDING SERVICES   42081    7/09/2015     $43,714.00    16/10/2015    Block D: roof membrane - first part
KINTYRE BUILDING SERVICES   36682    27/02/2015    $35,613.60    10/03/2015    Block B: roof membrane - second part
KINTYRE BUILDING SERVICES   38330    19/01/2015    $23,742.40    09/02/2015    Block B: roof membrane - first part
KINTYRE BUILDING SERVICES   26576    27/03/2012    $28,892.00    05/04/2012    Block A, B, C, D and townhouses


29. Evidence of who approved and managed secret cash advance from BCS’ parent company PICA Group before AGM 2014 and
repayment on 25 March 2015, in amount of $20,745.50.


30. All payments and correspondence in regards to CHU Insurance claim for "CTTT Defence of Lot 3"
dated 19 October 2016, that was known to BCS Strata Management since 19 October 2016 and Mr. Robert Crosbie at
Waratah Strata Management at least since 11 January 2017.


31. Copies of all quotes, including warranties, for painting of buildings as reported at AGM 2016.


32. Copies of all quotes for painting supervisor engagement as reported at AGM 2016.


33. Evidence of all payments by owners and/or visitors who damaged common property for the last five years, like
gate to the basement and recent fence near the garbage room.


34. Strata roll.


35. Copies of all quotes for engagement of legal advice for preparation of new By-Laws.
     

36. Copies of Standard Costs Agreement and Disclosure for all legal engagements in last five years, including
current review of the By-Laws.


37. Evidence that five private lattices in front of townhouses Lot 194, Lot 197, Lot 199, Lot 202, and Lot 216
were approved at any public EC or general meeting and that they meet the appearance of uniform look of the complex.


38. Correspondence between EC and Ryan Strata which was not allowed to be listed in the agenda of AGM 2016 in
spite of properly submitted quote for strata management contract four months earlier.


39. All professional building reports for SP52948 commissioned and paid in the last five years (counting from
June 2017 backward).


40. Evidence of which members of the EC authorised these insurance claims for "CTTT Defence of Lot 3"
on behalf of owners corporation:

First claim on 31 August 2012         $367.64
Second claim on 7 December 2012       $12,714.65
Third claim on 26 April 2013          $1,320.00
Fourth claim on 4 June 2013           $10,517.02


41. Copy of register of items that are not common property any longer and dates from which they apply.


42. Evidence of which members of the EC approved to extend the owners corporation QBE insurance policy through
Gallagher Broking Services on 1 August 2012 and submit the first claim for "CTTT Defence of Lot 3"
one week later.

Thank you.

PS. Waratah Strata Management and its staff are personally responsible for contents published on their web site.
Refusal to publish correct version of SP52948 By-Laws cannot be passed to any other party.


On 04/05/17 16:43, Robert Crosbie wrote:

We advise the following correspondence will be tabled and discussed at the next available committee meeting. We will
provide a further response once instructions have been obtained from the committee at that meeting.

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

-----Original Message-----
From: SP52948 owner 
Sent: Sunday, 30 April 2017 10:32 AM
To: Robert Crosbie
Subject: REMINDER: SP52948 Still Missing Special By-Law 4 on Waratah Strata Management web portal on 30Apr2017

Short reminder:

Your note in the minutes of the EC meeting held on 20 April 2017 in regards to updated By-Laws of SP52948 is
misleading and deliberately misconstrued. It affects all owners who allegedly have access to strata documents and
also potential investors who need to have correct information before purchase.

I am not going to allow ANYONE to use my name or be part of the efforts for misleading or dishonest representation
of the complex. In addition, consumers' laws are very clear:

https://www.accc.gov.au/consumers/misleading-claims-advertising/false-or-misleading-claims

Even if there were no laws in this regards, there is still something called human decency and respect for others
(taught in schools, all religions, and so on).

Your website is one of the worst in regards to amount of information given to owners.
It does not include any scans of invoices, receipts, quotes, tenders, EC members' correspondence, owners' inquiries
 and complaints, monthly or at least six-monthly financial reports, income and expenditure reports, legal costs disclosures,
and much more. And that is not OK for a complex that collects million dollars a year in levies alone!

In spite of THREE reminders to EC members and you, your web site still does not include Special By-Law 4 in regards to
Lot 3 (EC Secretary, Mrs. Lorna Zelenzuk). The question is who is being protected and why?

Ordinary user can make up their mind about it.

Here are proofs:

a) Status of documents for SP52948 on 30 March 2017:

SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-30Mar2017.png

b) Status of documents for SP529458 on 3 April 2017:

SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-3Apr2017.png

c) Status of documents for SP529458 on 30 April 2017:

SP52948-Waratah-Strata-Management-Website-screenshot-still-not-included-Special-By-Law-4-for-Lot-3-on-30Apr2017.png

It can easily be seen that latest updates to By-Laws were on 6 March 2017.

Apart from giving me a new copy that included Special By-Law 4, and putting them on notice boards in the complex,
the By-Laws on your web site are still wrong. Plain and simple.

Since EC members failed to enforce this, I kindly ask that you make the website update immediately.