Subject: SUBMISSION for SP52948 EC meeting on 20 April 2017
From: SP52948 owner
Date: 16/04/2017 8:37 PM
To: Robert Crosbie
CC: Simon Wicks

Hi Waratah Strata Management,

In accordance with current strata laws, I request the following:

1. Brief analysis of EC meeting held on 16 March 2017 to be presented
to EC members for consideration at the meeting, with expectations that
Secretary of the EC will respond to me as per prescribed regulations,
and also document them in the minutes of the meeting for all owners:

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

2. As new By-Laws are planned, I remind EC and the strata agency that my Motions,
including various proposals for By-Laws are still outstanding and need to be taken
into account, with full details given to me if they are accepted, and if not, why not:

http://www.nswstratasleuth.id.au/SP52948-AGM-or-EGM-2017-Motions-by-Lot-158.pdf

3. We are now "celebrating" 20th repair of water leaks in Lot 191 since late 2011:

http://www.nswstratasleuth.id.au/Macquarie-Gardens-photos/gallery/index.php?/category/41

As I am one of those who pays for these repetitive repairs, I approached NCB Plumbing
and asked them to comment about how much their reputation might be affected:

Inquiry-to-NCB-Plumbing-Re-SP52948-and-hidden-information-about-proper-water-leak-repairs.html

Lack of warranties and proper management of the problem need to be highlighted to all owners.

4. Newest 10-year Capital Works Fund is full of holes and weak plans.

As I am one of those who pays for these assesments, I approached Biv Reports Pty Ltd
and asked them to justify some of their decisions that do not make any sense:

INQUIRY-Unanswered-by-Biv-Reports-on-10-Year-Capital-Works-Fund-Plan-for-Strata-Plan-SP52948-15Apr2017.html

Refer to details in file in Item 1. above.
As an example, here are questions for elevators.

How did BIV Reports Pty ltd come to figure of $339,831.00 for work planned in August 2026?

Here is the reasons why their figure and assessment looks improbable:

It report did not show any details of:

a) Comprehensive risk and hazard assessment in line with Australian Elevator Association guidelines.
This assessment outlines the risks in terms of high, medium and low
levels across your elevators, and indicates what solutions should be put in place to reduce the
potential for harm to owners, tenants, visitors and workers, and reduce exposure to potential claims.

b) Comprehensive lifecycle report, so its findings can be factored in to the fund forecast.

c) Four other professional reports paint very different picture about the need for repairs and
upgrades for elevators in my complex. All four are still hidden from owners by previous strata agency,
BCS Strata Management, current strata agency, Waratah Strata Management, and EC members:

Napier & Blakeley, July 2012
http://www.nswstratasleuth.id.au/BCS-Strata-Management-hid-professional-building-report-from-SP52948-owners-and-CTTT-Napier-and-Blakeley-July-2012.pdf

ThyssenKrupp Hazard and risk assessment, December 2013
http://www.nswstratasleuth.id.au/BCS-Strata-Management-hid-professional-building-report-from-SP52948-owners-ThyssenKrupp-Elevator-HR-Assesment-11Dec2013.pdf

ThyssenKrupp Quotation and lifecycle budget, December 2013
http://www.nswstratasleuth.id.au/BCS-Strata-Management-hid-professional-building-report-from-SP52948-owners-ThyssenKrupp-Elevator-HR-Issues-and-Pricing-11Dec2013.pdf

Vertical Transport Management, February 2014
http://www.nswstratasleuth.id.au/BCS-Strata-Management-hid-professional-building-report-from-SP52948-owners-Vertical-Transport-management-Services-Report-Feb2014.doc

Does it mean that all other listed-above professional reports got it wrong?

d) Our elevators are now in their 20th year of operation. That is typically decent age for considering
some major replacements, especially since our elevators do not meet current standards and
have higher failure rates. Just in my building (Block A), the elevator was offline for two days last week.

e) For example, elevator traveling cable is a specialized multi-conductor cable continually in motion and must
last for many years.  A generally accepted lifespan is 20 years - or 3,000,000 flex cycles.

Some vendors agree that 25 years is more than average lifespan of elevators, which, even if we accept
that ruling, puts major works in year 2022, not 2026 as BIV report claims.

5. Third change of levies imposed on owners with second gas connection without consultation
with owners corporation. Change in regards to Special By-Law 12.

Comments by SP52948 owner after efforts to get Waratah Strata Management
and EC members to act in accordance with the strata and other applicable laws:

Waratah Strata Management and EC members failed to present this information to owners.

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

In period since 6 May 2013, the applicable gas levies are $50.00 per year,
retrospective since EC meeting held on 28 August 2013.

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.

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 owner should have never received
reimbursements for personal gas usage that they claimed for 19 years!

Regards,

PS. I am waiting for a few events to complete and then I will submit an official request for document search
for the last five years. I will insist that Secretary of the EC confirms in advance which documents
will or will not be available in writing. As well, at the end of the document search, Secretary of the EC, or
their representative, will sign a summary of what happened at the document search so that we have
legal evidence of events.