2015 SCA Inside Strata March

MARCH 2015 | security

safe as houses • improving onsite security PAGE 10 • security cameras PAGE 14 • top tips for body corporate managers

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WATE12057

Membrane

contents Reports President’s Report CEO’s Report LAAN: Your response must be faster than fibre optic Beware of dodgy operators

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SPECIAL FEATURES Security How a resident manager can help improve onsite security Ensuring your office environment is secure Security cameras – who is watching and listening to you?

CCTV in strata schemes Replacing glass?

Protect your future, safeguard your business Top tips for body corporate managers Locking in security Internet security: be aware and be prepared How secure is your strata scheme?

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Chief Executive Officer Kim Henshaw Ph: 02 9492 8252 E: kim.henshaw@stratacommunity.org.au SCA National Office Level 1, Suites 101 & 102 845 Pacific Highway Chatswood, NSW 2067

Lifestyle.

Top 10 books to help you read your way to a new you

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ABN: 57 074 729 007 Contact: PO Box 824 Surfers Paradise QLD 4217 Phone: 1800 222 757 Fax: 1800 063 151 Email: publications@crowtherblayne.com.au Website: www.crowtherblayne.com.au Editor: Samantha Regan Production Controller: Yvonne Okseniuk National Sales and Marketing Manager: Trish Riley Sales Manager: Peter Bunn Sales Team: Liam Daly, Tim Evans and Andra Muller Studio Manager: Byron Bailey Design Team: Andrew Crabb and Carol Taylor Printed By: Newstyle Print

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REPORTS president’s report

The Winds of Change A TRANSFORMATION IS OCCURRING AT SCA WITH NOTED CHANGE TO FUNCTIONALITY AND MEMBER SERVICES. The thing that has pleased me the greatest about the work we have done this financial year is the scope and extent of the change we are bringing to members. Your Board and the CEO have eliminated any rivalries that previously existed. We are fully focussed on bringing about the change needed to drive this body to a level where it is respected by all parties from government, owners, to suppliers of the goods and services needed to keep the sector functioning at a very high level.

why our education, ethics and standards must be of the highest calibre so that the public trusts our abilities to carry out our work and allow us to charge the appropriate price for the services.

We manage 1.5 million lots in Australia. We have a huge responsibility to get this right and to ensure our organisation delivers the member services for you to carry out your functions and to ensure your sector is cared for.

The metamorphosis we are currently experiencing will make us the best possible body for our members and the public.

To bring about the transformation to a chapter based organisation I have examined how other bodies, such as CPA Australia, have done and how well they are functioning now. It makes a lot of sense to have one national reporting entity with centralised functions for finances, some member services, a system of professional development that avoids duplication in different regions, sponsorship arrangements that are truly national or state based and those sponsorships that are both state and national.

Our brand and the messages that go with the brand should be consistently applied and communicated. The positive messages about SCA - with the help of our communications consultants - will educate the wider population and Government about the $500 billion in assets that are entrusted to our members. This is a big responsibility and that is

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Erik Adriaanse FCPA National President Strata Community Australia

REPORTS ceo’s report

Leading The Nation COMMUNICATION IS KEY AT SCA WITH A NEW MEMBERSHIP MANAGEMENT SYSTEM AND NATIONAL COMMUNICATION STRATEGY SURE TO ENCOURAGE THE WINDS OF CHANGE. As many of you will know by now, “Leading the Nation” is the theme for the 2015 SCA National Convention in Canberra. Apart from being a very “Canberra” thing to say, this theme actually encapsulates SCA’s very reason for being. The Preamble to SCA’s Constitution says, in part, “The Company seeks to give expression to the vision of a single voice and identity for the broad strata community in Australia”. With over 25% of the nation’s population now living in a strata or community title dwelling, the need for leadership within the industry has never been greater.

example, members will have secure access to a wide range of information channels and participate in our very own social network – communities where members, suppliers and other authorised stakeholders can collaborate about subjects of mutual interest. Implementation of the system will commence in February and be completed by June this year. We believe this initiative will revolutionise the way we engage with members and provide them with a range of benefits not previously possible.

But we need more than “Leadership”. To quote Stephen Covey (the author of the book Seven Habits of Highly Effective People), “Effective leadership is putting first things first. Effective management is discipline, carrying it out”. In other words, we need to execute on the vision. So how are we doing, and planning to do, this?

w National Communications Strategy – in late January SCA representatives from around Australia met in Sydney to begin the process of implementing a national PR and communications strategy. Marketplace Communications who have been working with SCA Qld for around 3 years led the workshop and in that time they have helped achieve great success with media placements and Government liaison. Using the Queensland experience as a model, SCA and Marketplace Communications will now define a national strategy and implement an operational plan designed to increase the public profile of your association, assist all states in advocating to their state Governments and engage more deeply and effectively with sponsors. Importantly, we will be presenting a consistent message across all channels that reflect the values and priorities of SCA and of our most important constituents, you our members.

There are many projects and activities going on within SCA to bring its vision to reality but perhaps the two most important at this stage of our development are our new Membership Management System and a national approach to communicating with Government, media, sponsors and of course members. These two projects are outlined below. w Membership Management System – in the last issue I outlined the procedure we went through to define our requirements of such a system. I am very pleased to report that we have now received proposals from vendors, analysed them and selected a system. The product is called “Associations Online” and is an Australian product developed by Internet Vision Technologies.

It was chosen on the basis of its ability to fulfil our functional requirements at a price that was acceptable. When implemented, the system will provide a web portal to all things strata. For

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Kim Henshaw Chief Executive Officer Strata Community Australia

NATIONAL CONVENTION 31 MAY - 2 JUNE 2015

LEADING THE NATION

SCA NATIONAL CONVENTION 2015

LEADING THE NATION 31 MAY - 2 JUNE Be a part of progress as it happens.

The SCA National Convention 2015 is an event not to be missed. Held in Canberra 31 May - 2 June at the internationally renown National Convention Centre, this year’s theme is “Leading the Nation”. Gain insights from thought-provoking speakers who are respected leaders in their field, such as Bernard Salt, Dr Simon Longstaff (St James Ethics Centre) and Romilly Madew (Green Building Council of Australia).

Early-bird Registrations: 1 March - 31 March 2015 Enquiries: convention@stratacommunity.org.au WE THANK OUR NATIONAL SPONSORS

REPORTS access to common property

DEMANDING ACCESS TO COMMON PROPERTY

LAAN Notices: Your response must be faster than fibre optic THERE HAS BEEN A LOT OF CONJECTURE AND COMPLAINTS BY BODIES CORPORATE AND OWNERS CORPORATIONS ABOUT TELECOMMUNICATION COMPANIES ACCESSING COMMON PROPERTY AREAS TO INSTALL TELECOMMUNICATION EQUIPMENT, SERVICES AND CABLING.

In this article we review some of the technical aspects on how the system is supposed to work and what owners can do where they are concerned about the way that certain installers are undertaking their work or seeking access to common property areas.

What is a LAAN? Under the Telecommunications Act 1997 (CTH) (the Act) a telecommunications company (Carrier) is able to both access and carry out works on land, provided it goes through a process and issues a Land Access and Activity Notice (LAAN). A carrier’s rights to issue and rely on a LAAN is found in the following documents: 1. “Schedule 1” and “Schedule 3” of the Telecommunications Act 1997 (Cth) 2. The Telecommunications Code of Practice 1997 (the Code); and 3. The Telecommunications (Low-impact Facilities) Determination 1997.

3.

The LAAN sets out the reasons the carrier requires access (to install the services such as cabling), the date and time that access is required, what is to be installed and finally the rights and obligations of the parties to dispute or negotiate the arrangements.

How extensive is the power of a LAAN? Carriers will generally inform landowners that they have wide powers of access and installation under the Act. A leading case on the extent of a carrier’s power is PIPE Networks Pty Ltd v Commonwealth Superannuation Corporation [2013] FCA 444 (PIPE Networks), which reinforced the commonly held understanding that the Act (Schedule 3) is both “clear and unambiguous” in that it gives carriers fast and efficient freedom to access an owner’s land and carry out their works.

However, in the same case the Judge cast doubt over the power of carriers to have access to buildings on the actual land, albeit they can access the land. While the issue was not part of the ultimate decision to grant access it does place some conjecture over whether a carrier can serve a LAAN and enforce it against a bodies corporate or owners corporation where the installation is to be within the building.

Until such time as this issue is finally resolved by legislative intervention or court determination the debate over access to common property areas continues.

Processes for effectively responding to a LAAN When a bodies corporate or owners corporation is served with a LAAN there are strict timelines in which to deal with any potential objections or conditions.

In order to consider and deal with a LAAN the following steps should be considered: 1. A LAAN notice is required to give not less than 10 business days’ notice of the access required (depending on the type of facility being installed).

2. Upon receipt of the LAAN the landowner has up to 10 business days before the access is required (depending on the type of facility being installed, but in the main five business days for low impact facilities) to lodge an objection with the carrier (Objection

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4.

5.

6.

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Notice). It is suggested that the executive committee should review the LAAN as a matter of urgency; (a) The LAAN should be reviewed for compliance with form and service (is it a valid notice, has it been served correctly, does it clearly set out what facility is being installed and when access is to be provided?); (b) The LAAN should be reviewed to determine its impact on common property and owners property generally; (c) Who is doing the work, what damage will it cause, what is being left behind and what impact on other facilities (or carriers) is there?

If the LAAN is to be objected to then serve the Objection Notice on the carrier. The objection may only be based on one or more of the following reasons: (a) Using the objector’s land to engage in the activity; (b) The location of a facility on the objector’s land; (c) The date when the carrier proposes to start the activity, engage in it or stop it; (d) The likely effect of the activity on the objector’s land; (e) The carrier’s proposals to minimise detriment and inconvenience, and to do as little damage as practicable, to the objector’s land.

The carrier has five business days after it receives the Objection Notice to make a reasonable effort to consult with the landowner; The carrier has 20 business days after it receives the Objection Notice to make reasonable efforts to resolve the objection; If the matter cannot be resolved the carrier is to notify the landowner (within 25 business days); The landowner has five business days to require the carrier to refer the matter to the Telecommunications Ombudsman for determination.

What should the bodies corporate/owners corporation do?

The landowner must act quickly because of the practical implications of the Act and a suggested process is: 1.

Once served with a LAAN determine whether it is correctly served and what work is going to be undertaken and by whom. Ask many questions on who is doing the work, what damage will occur, where is the exact location of the works, what services will it connect to (electricity etc?)

2.

How does it affect common property and owners? Are there other facilities from other carriers, is the location acceptable (in the metre room for example), does the work compliment the building and is it a service owners require?

3.

Do the owners wish to object to the LAAN? If so follow the process above.

4.

Should the proposed works be subject to any formal agreement (i.e paying for costs associated with connection to electricity or other services?) Consider supervision of the works, compensation, future access requirements, WH&S and insurance obligations.

This article was kindly supplied by Grace Lawyers

scam watch REPORTS

beware of dodgy operators WITH AN INCREASING NUMBER OF DODGY OPERATORS AND FRAUDULENT METHODS BEING USED, LEARN HOW TO RECOGNISE AND PROTECT YOURSELF AGAINST COMMON SCAMS SO YOU DON’T BECOME THE NEXT VICTIM.

As many scams originate from outside Australia, once money is sent overseas it is virtually impossible to recover.

Consumers are urged to treat any cold calls or unsolicited emails of this nature with great caution. It is also important to keep your anti-virus and computer-protection software up to date.

Don’t pay large deposits Consumers are being warned about the perils of paying large sums of money before receiving goods or services, after a person paid a large deposit for blinds that were never installed.

Beware of travelling conmen NSW Fair Trading is urging people to be vigilant if approached by sales or tradespeople travelling door-to-door, following 117 complaints regarding travelling conmen in the last calendar year.

Travelling conmen are typically opportunists who often don’t fully deliver the services they’ve promised, leaving victims to clean up and repair the mess.

Dubious businesses and traders are known for using pressure or other unfair, deceitful or threatening tactics.

One particularly common tactic used by con artists is pressure selling, where the scammer invents a special offer or situation to pressure the consumer into purchasing their product or service.

In 2014, Fair Trading received reports on travelling conmen working in the fields of bitumen/bitumen driveways, tree lopping, roofing, painting, driveway cleaning, line marking and other assorted work.

People door knocking or cold calling residents in NSW to offer work valued at more than $100 are required to inform consumers about their rights, including the right to terminate agreements and the existence of a 10-day cooling off period for unsolicited agreements that result from cold call arrangements.

Payment cannot be demanded and work may not begin during the 10-day cooling off period.

Tech savvy scammers on the prowl Consumers are being warned of the dangers of falling for computer virus scams, following recent reports of NSW residents being contacted by scammers.

NSW Fair Trading Minister Matthew Mason-Cox said scammers often cold-call or email victims claiming they were from a computer software or anti-virus company, like Microsoft.

“Online and computer scams have grown in popularity as more aspects of our everyday life move into the digital realm,” Mr MasonCox said.

“Scammers pose as representatives from software and technology companies and concoct reasons, like a fake virus, to lure victims into visiting websites that instigate the automatic download of malicious software.

This often leaves victims with little option but to pay scammers to restore use of their computer or device.”

Despite repeated requests, a refund was not forthcoming until NSW Fair Trading intervened.

The Department received more than 400 complaints last year about deposits where goods had not been supplied, with the most common type of complaint relating to the sale of furniture, clothing, hardware and building supplies.

Paying a large deposit can be risky, as should a trader go into receivership or liquidation after a deposit has been paid, the consumer becomes an unsecured creditor, with often little chance of recovering their money.

NSW Fair Trading Minister Matthew Mason-Cox says that where possible, consumers should avoid paying any more than 10 per cent of the total cost.

While some traders may have a valid reason for requesting large deposits or upfront payments, for example, when supplies are required to be pre-purchased, consumers are urged to consider paying by credit card rather than cash, as it may be possible to claim a chargeback if the goods are not delivered or the services not performed.

“The Australian Consumer Law is clear – businesses and traders are required to deliver goods or complete services in accordance with the completion date set out in the initial contract or within a reasonable timeframe,” Mr Mason-Cox said.

“Traders who sign contracts and accept deposits knowing they would not be able to supply the goods in a timely manner are acting unlawfully.”

Invoice email scam Australian businesses are warned to beware of an invoice email scam seeking payment re-direction.

The scam involves scammers pretending to be legitimate suppliers advising changes to payment arrangements. It may not be detected until the business is alerted by complaints from suppliers that payments were not received.

Scammers hack into vendor and/or supplier email accounts and obtain information such as customer lists, bank details and previous invoices. Your business then receives an email, supposedly from a vendor, requesting a change to your usual billing arrangements and asking for a wire transfer to a new or different bank account.

The scam may not be detected until the business is alerted by complaints from suppliers that payments were not received.

Sound account-keeping practices are vital to help guard against falling victim to these types of scams. Ensure you have a clearly defined process for verifying and paying accounts and invoices.

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SECURITY improving onsite security

How a resident manager can help improve onsite security A FULL-TIME RESIDENT MANAGER CAN PLAY A KEY ROLE IN ENSURING SECURITY AND SAFE MEASURES ARE FUNCTIONING EFFECTIVELY FOR FOR ALL RESIDENTS, THEIR GUESTS AND THE PROPERTY IN GENERAL.

“The resident manager and his team are inbuilt mobile insurance assets for security and safety.”

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improving onsite security SECURITY

In addition to the lifestyle benefits associated with density living, security of the home and protection of assets is one of the prime reasons why owners and investors buy into strata and community title schemes.

Unfortunately, there are a percentage of people residing in high-density living complexes or holiday resorts who behave irresponsibly, often placing themselves and others in serious danger.

That is one of the key advantages of buildings, complexes and schemes that have a full-time resident manager as one of their complex owners.

An onsite manager must be aware of who the occupants of the complex are, while maintaining a focus on the overall delivery of management services, including the safety and protection of tenants.

All Australian Resident Accommodation Managers Association (ARAMA) members are very aware of their key role in the security and safe management responsibilities for all residents, their guests and the property in general.

Onsite resident managers provide a 24-hour protection regime and our members are guided by our BOLF – “be on the lookout for” – code as one of the prime responsibilities of the resident manager.

With a full knowledge of the complex and the running of day-to-day business, resident managers act as the onsite eyes and ears.

As the human factor, they can regularly and responsibly check all those inbuilt security measures which are part of the comfort and security aspects of density living complexes.

Maintenance and all the other caretaking responsibilities ensure that a complex has all its modern prevention and alarm systems functioning effectively and efficiently, as well as ensuring that hazard management strategies have been implemented within the complex.

The onsite manager needs to share concerns with their body corporate manager/strata managing agent and the body corporate/owners corporation committee to ensure that they are conscious of the legal and operational responsibilities that apply in regards to the day-to-day operations.

Maintaining strong networks As a business person in the community, an effective the resident manager must maintain good relations with other managers, as well ensure that they are in tune with current concerns by receiving regular updates from government officers and local police and fire officers.

As managers are on the spot they must remain conscious that there are villains operating in this world and that they are in fact on the frontline, primarily in a preventive role.

As a result of the BOLF code strategy, ARAMA has successfully cooperated with police to deal with drug laboritories installed in rented units, as well as fraudsters and persons of interest.

Security systems vital

The ARAMA website sends out police alerts to members to ensure they are kept informed and up to date on current issues of security concern in their area and in a broader context.

Keeping in mind efficiency and value for money, the resident manager should ensure that they are across all the new technology available within the safety and security environment.

The ARAMA network also helps supports police with their investigations by circulating confidential operational information on behalf of members.

In this way, the resident manager and his team are inbuilt mobile insurance assets for security and safety.

In holiday letting buildings and complexes where there is a high turnover of guests and considerable movement within the building and its precinct, there is clear evidence that modern security measures and devices are essential to ensuring the safe and smooth operation of the facility.

Security signage and strategically placed cameras provide a visual warning to those contemplating illegal entry or other possible criminal acts, and are now standard preventative tools for today’s modern resident manager.

Importantly, many public buildings are now also taking responsibility for asset and safety protection by embracing the security technology that is now available.

Tenancy selection Aside from the 24/7 coverage and comprehensive onsite management, today’s resident accommodation manager must also be conscious of their responsibilities in regard to tenancy selection, whether it is in long-term letting complexes or holiday letting.

Long-term benefits Those buildings with a resident manager in place greatly benefit from taking a long-term view regarding safety, security and general management.

As a lot owner who has significant funds invested in the property, resident managers therefore have a vested interest to ensure that they provide a very significant enhancement to the security resources that residents and guests have onsite.

With modern security resources in hand, building owners can also negotiate better prices for their insurance coverage.

Good security and general management that is alert to its importance in selling confidence in a building and its quality and thoughtfulness on behalf of guests and owners reflects not just common sense, it also indicates that its management cares about safety at all levels and in particular security and accident prevention.

Tenancy management issues are often complex and diverse, requiring a skilled and well-trained resident manager who has a comprehensive tenancy issues management plan.

This article was kindly supplied by Trevor Rawnsley, CEO Australian Resident Accommodation Managers Association (ARAMA)

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SECURITY protect your data

Ensuring your office environment is secure HOW TO PROTECT YOUR DATA AND THE SAFETY MEASURES NEEDED TO GUARANTEE MINIMAL DOWNTIME OR DATA LOSS.

What would be the consequences to your business if your office was destroyed by fire, you had a major power outage, a lightning strike caused a power surge destroying your office computers or a virus made its way into your system destroying all of your data? Do you have a plan to deal with these problems should they arise?

There is no reason a temporary setback should turn into a permanent failure – if you protect your organisation before disaster strikes. The first and most essential step is to create a disaster recovery plan. Statistics show that on average, over 40 per cent of businesses that do not have a disaster recovery plan go out of business. Good business continuity plans will keep your company up and running through interruptions of any kind: power failures, IT system crashes, natural disasters, supply chain problems and more.

Planning for disaster Your disaster recovery plan should cover such items as contacting your local authorities and insurance carriers, re-establishing phone service, sourcing equipment and restoring data, as well as all other essentials needed to restore your business’s operational capability. It is often not until disaster strikes that a business may realise they are not covered. For example, they may assume they are backing up their data, but the back-up hard drive is sitting next to their computer so when the building burns down their computer and their back-up are both destroyed. We recommend you plan for the worst and hope for the best.

One of the major problems is inadequate planning. Have you identified all critical systems, and do you have detailed plans to recover them to the current day?

You need to focus on both business processes and data. Backups should be taken off site daily and additional hardware available should you require limiting disruption. Office communications should be reviewed to identify short-term alternatives such as email and call forwarding. Office processes should be broken up into those critical to ongoing business and those that could be delayed in a disaster scenario. Additionally, alternate workspace, including working from home, can be considered if appropriate.

Protecting your data

Do you implement a robust back-up system for your data that is tested regularly? Backing up can seem boring and often takes a back seat to more pressing issues, but think about the potential impact of losing your body corporate/strata managers, owners corporation or buildings’ data. In recent times, there has been an emergence of services focused on fully managed back-up solutions to mitigate this silent-but-deadly risk. These solutions provide a fully automated system that ensures your data is secure. They regularly test that your backups are indeed recoverable and you have full visibility and transparency to validate your operations at any time. These automated processes offer you peace of mind that your data is secure and allows you to focus on business.

Peace of mind What all businesses need after a disaster is real-time recovery so your data does not take days, weeks or months to recover but is available immediately. To be able to recover your data, you need a reliable backup, so a true real-time recovery solution that is ultra-reliable, easy-to-use and affordable could be your solution. Databases can be protected as frequently as every 15 minutes, ensuring that minimal data is lost after a problem or crash. Files and folders can be restored in literally seconds, and even entire laptops or servers can be restored in minutes – not hours or days – to any available 15-minute recovery point.

This gives you peace of mind and total confidence that your data is being protected.

By using the ‘cloud’ combined with the latest in real-time recovery an off-site backup solution can be implemented simply and cost effectively, totally eliminating the need for changing either tape media or hard disks. This level of business continuity was previously only available to large enterprises, but is now also readily available to small businesses.

So there are solutions available to ensure your data is protected and your business incurs minimal downtime when a disaster occurs.

In conclusion, it is clear that protecting your data is vital to every strata management business. Your data is precious, so it makes sense to invest in expert advice and implement real-time recovery procedures to ensure your business is safe. If you don’t already have a disaster recovery plan perhaps it’s time you consider putting one in place.

In the strata management industry data is continually been collected and manipulated from building information and owners details to levy payments and work orders. If this data was lost or destroyed and could not be recovered, the business would no longer exist. So what are the things you can do to protect your data?

A recent article written by Computer Maintenance Australia for the StrataMax online news highlighted many of the problems with data protection and some of the solutions that can be implemented immediately.

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This article was kindly supplied by StrataMax.

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SECURITY security camreas

Security cameras – Who is watching and listening to you?

Security cameras in strata schemes are now becoming increasingly common. What these cameras can legally record, who retains the footage and who has a right to view the footage are all important issues for owners corporations, whether they already have, or are considering installing security cameras.

in the custody or under the control of the owners corporation”. A scheme can also consider outsourcing control of security cameras to an external recording and monitoring company and then, depending on the terms of the contract with that monitoring company, recordings may be excluded from forming part of a scheme’s records.

Security cameras and recordings (both audio and visual) can create complex issues under differing legislation. To better protect themselves, a scheme should consider obtaining advice about a policy relating to what recordings will be retained and for how long by resolving a by-law governing security cameras.

Objections to being recorded

Audio or visual or both?

Under the Workplace Surveillance Act 2005 all employees of an owners corporation must be notified in advance of any audio or visual surveillance.

A scheme should consider whether cameras record visual images, audio or both. The Surveillance Devices Act 2007 applies different rules to both optical surveillance devices and listening devices. Security cameras that record both vision and audio can mean that a scheme has two different sets of rules to comply with. Audio recording also creates a greater risk of a scheme recording private conversations and breaching the Privacy Act 1988.

Focus on common property and public areas Security cameras should be installed by owners corporations on the common property and be focused on common property areas for security purposes. Any cameras recording private activities (such as within a lot) and audio recording of conversations between owners or occupiers can be a breach of the Privacy Act 1988.

Recordings can form part of a schemes records If a strata scheme records and maintains their audio and/or visual recordings, it then forms part of the records of the owners corporation and must be made available for inspection, for example, when a lot owner wants to inspect the scheme’s records under section 108 of the Strata Schemes Management Act 1996. Under section 108(3) records to be provided for an inspection include “any other record or document

People can object to their image being shown or their voice being broadcast to others on the grounds that the footage is potentially defamatory or misleading and/or taken out of context or that the activity recorded was private.

Recording meetings If a scheme wishes to record their meetings, they should provide prior notification and seek consent from people who will be attending the meeting. If an owner then wants to view the recording of a meeting, such as under section 108, a scheme should consider whether matters discussed at the meeting might be subject to legal professional privilege before agreeing to any inspection.

What about fake security cameras instead?

Installing fake security cameras can create liability issues for a scheme.

Not only are dummy security cameras often easily identifiable as fakes, they can often create a false sense of security. If an individual relies on the ‘security’ provided by the (fake) cameras and then suffers loss or damage, they could potentially hold a scheme responsible for the loss suffered.

This article was kindly supplied by David Bannerman and Samantha Saw of Bannermans Lawyers

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SECURITY cctv in strata schemes

CCTV in strata schemes 16

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cctv in strata schemes SECURITY

CCTV cameras can assist owners corporations and investigators to identify, address and manage a range of security issues in strata schemes.

In this day and age we are constantly hearing in the media about new threats and rising crime levels. It therefore makes sense for businesses, residential property owners and owners corporations to consider implementing cost-effective security measures to protect their businesses and homes from intruders, uninvited guests and others.

One of these options is the installation and use of CCTV security cameras and equipment in common areas. CCTV cameras and their images can also assist owners corporations and investigators to identify, address and manage the following issues in strata schemes: ww Break and enters into units, cars and garages in common property garage/basement areas. ww Unauthorised parking on common property. ww Visitor parking issues. ww Unauthorised use of common property areas. ww Garbage dumped on common property.

CCTV has become an accepted means of deterring criminal behaviour, trespass to land and property damage. However, like many, people still have privacy concerns about people “watching” you.

A frequent challenge facing owners corporations is the difficulty in striking the right balance between ensuring the security of its residents and not breaching their rights to privacy. The legal implications of installing CCTV cameras in common property areas such as foyer entrances, basements, car parks, garage areas, lift access areas, and driveways are far reaching and owners corporations must be diligent with respect to the implementation and use of such technology, to ensure they are not being used improperly.

CCTV camera and by-laws This suggests that CCTV cameras that are installed by an owners corporation in common property areas pursuant to special resolution of the owners corporation in general meeting under section 65A of the Strata Schemes Management Act 1996 (“SSMA”) to combat theft and breaches of by-laws would not constitute a breach of section 8 of the SDA 2007. This because the owners corporation has consented to the installation, use and maintenance of the CCTV cameras on the “premises” (common property) under a section 65A of the SSMA by-law and under the SSMA, lot owners, occupiers and tenants are bound by the scheme’s by-law once the by-law is made.

Accordingly, any images captured of residents of a strata scheme walking through common property areas would arguably not be considered a breach of the SDA 2007.

Express or implied consent?

It is arguable that the issue of implied consent by owners, occupiers and tenants in strata schemes with respect to being recorded or monitored in common property areas may be overcome where prominent signage is displayed to notify residents that the area is under CCTV video surveillance. Owners corporations should ensure such CCTV cameras and equipment are clearly visible.

Is there a right to privacy?

In Australia, there is no general right to privacy. Consider the situation with social media sites such as Google maps, Facebook, Twitter, Pinterest, Tumbler, etc. However, there are other laws that deal with privacy, including criminal stalking laws, breach of confidentiality, etc. Owners corporations should ensure that CCTV cameras are not positioned in areas where you would reasonably expect activities of a “private” nature to occur.

This article was kindly reproduced with permission from Michael Pobi of Pobi Lawyers in NSW.

Legislation The Surveillance Devices Act 2007 (“SDA 2007”) governs the use of CCTV in NSW. Section 8 of the SDA 2007 provides that a person (which includes an owners corporation) must not knowingly install, use or maintain an optical surveillance device (including CCTV) on or within a “premises” or a vehicle to record visually or observe the carrying on of an activity if the installation, use or maintenance of the device involves: ww entry onto or into the “premises” or vehicle without the express or implied consent of the owner or occupier of the premises or vehicle, or ww interference with the vehicle or other object without the express or implied consent of the person having lawful possession or lawful control of the vehicle or object.

Under the SDA 2007 “premises” is defined to include the following: ww Land ww A building ww Part of a building ww Any place, whether built on or not, whether in or outside this jurisdiction.

Note that the above wording implies that there will only be a breach of section 8 if the CCTV cameras are able to record activities: ww Taking place inside a person’s residence (e.g. where the CCTV camera points directly into a person’s living areas) without the express or implied consent of the owner or occupier of the premises or vehicle; or ww Taking place in an area where it is not reasonable to expect that the activity may be seen.

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SECURITY upgrading glass

Replacing glass?

Consider upgrading for security, safety and energy efficiency

ADVANCEMENTS IN GLASS TECHNOLOGY MEANS THERE ARE NOW A RANGE OF OPTIONS AVAILABLE TO HELP MAKE YOUR

STRATA PROPERTY MORE SECURE AND ENERGY EFFICIENT.

Glass installed in the majority of Australian homes and units last century is classic, single pane glass. In fact, it’s estimated that over 85 per cent of windows currently being installed in new and refurbished Australian homes are single glazed. Not only is single pane glass less energy efficient, it also breaks easily, posing a security, as well as a safety risk.

Added security and safety External windows, as well as shopfronts and common area doorways, are prone to storm damage, vandalism and security threats. A security grill covering the area may be an option for some commercial properties, but it diminishes the appearance of residential and other premises. There are some clear options available to help enhance security, while maintaining a view.

Advancements in glass technology allow glass to be combined with other products to improve its durability and performance. Security glass is a specialist product that has multiple layers of glass with plastic in between them, creating an extremely strong barrier against storm damage, vandalism and intruders, compared to normal glass. Ballistic rated glass is actually made in a very similar manner. The glass itself can be made clear or in various shades of colour and can also be given energy-efficient coatings to improve a building’s performance.

Another option to improve the security of external windows is security film. This is a completely clear plastic film, which is adhered to the internal face of the glass panel. The film has very strong glue which bonds to the glass and holds it together in the event of a breakage.

Broken single pane glass windows can easily shatter from hail or other damage, leaving shards of glass in the area. This film keeps the glass securely in place until it can be replaced.

Energy Efficiency Replacing your current glass with thermally efficient glass products can dramatically reduce your energy bills and create a far more comfortable internal environment. Cool or warm air generated by air-conditioning units can be lost very easily if a home or business has regular single panel glass windows. It’s estimated that an unprotected single pane of ordinary glass loses almost 10 times more heat than the same area of insulated wall. Two glass products, Low E glass and double glazing, can dramatically reduce energy consumption and thus lower associated energy costs that come with cooling or heating your home.

Low E glass improves the insulation performance of glass. Its transparent and durable coating directs heat back towards its source and improves a window’s insulation in a single sheet of glass.

Insulated Glass Unit (IGU), also known as double glazing, uses a second layer of glass to form an insulating barrier. The IGU is a factorysealed unit which is assembled into a window in basically the same way as any other piece of glass. IGU’s can utilise Low E glass products to create some of most thermally efficient glass products available today. IGUs are usually wider and heavier than regular windows, so it’s worth checking if your window frames can accommodate them. A qualified glazier will be able to notify you of correct frame requirements.

Replacing your current glass with thermally efficient glass products can dramatically reduce your energy bills and create a far more comfortable internal environment. The best part is, these energy efficient glass products work for the life of the building.

Security film comes in various grades of thickness as it is used to both upgrade existing non-compliant glass, as well as increase the security on safety panels.

This article was kindly supplied by Express Glass.

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SECURITY succession planning

Protect your future, safeguard your business WHETHER YOU’RE JUST STARTING OUT, OR IN AN EXCITING GROWTH PHASE WITH YOUR BUSINESS, THERE’S NO DOUBT IT TAKES UP A LOT OF YOUR TIME AND ENERGY. HOWEVER, HAVE YOU SPENT THE SAME AMOUNT OF EFFORT THINKING ABOUT YOUR SUCCESSION PLAN?

Having an exit strategy is crucial if you want to make the most of the valuable equity you have already built up.

If your personal goals are tied up in your business, you need to have a well-thought out plan so you can maximise the value of your business when you leave.

Do you have an exit strategy?

It may be hard for you to imagine your business without you, but that’s exactly what you need to do. In simple terms, a succession plan is a blueprint for you to exit your business. Business succession planning is an inevitable undertaking. If you control and manage it, you’ll get the best outcome.

A good succession plan covers: ww when you plan to exit the business ww who the business is being sold to or who will take it over ww whether you choose to sell all of the business or sell down gradually ww any tax and legal implications. ww So how do you identify what succession plan is right for you and your business?

Share your success Succession planning does not necessarily mean selling your business.

Could your successor come from within your business?

“Think about the people who have helped you build the business and what role they may want to play in the future,” says Gonano. “They could be interested in buying part equity now, so you can gradually step back but still maintain an income stream and equity interest.”

This is where your business structure and financing facilities can make the difference.

“You may assume your staff don’t have the funds to purchase equity outright, but that doesn’t mean you need to sell the whole business to someone else,” he explains. “For example, Macquarie can use selected business assets as security to fund new shareholders into the business and ensure an income stream for business owners.”

This gives you more options to work in the business the way you want. It also provides continuity for staff and clients.

Your Macquarie relationship manager can also help you explore your succession planning options, including funding options, tax implications and making the most of any financial proceeds.

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A succession plan protects the future interests of your family, staff and business partners. It makes sure your personal and business goals align David Gonano, National Head of Sales for Macquarie Business Banking.

Checklist for sound succession planning 1. Start planning early – begin with the end in mind. Set a timeframe and align your personal and business goals 2. Identify your successor – this could include selling to co-owners, an external party or to someone working in your business 3. Identify the talent within your business – set clear career plans, develop their leadership skills and make them feel valued 4. Know what it’s worth – get a realistic, independent valuation of your business 5. Make sure your financials and operations are in order – your accountant should carry out a financial health check, and it may be worth having external due diligence done on your processes, procedures, documentation, job descriptions and management systems 6. Watch out for tax implications – get advice on maximising after-tax payments from the sale of your business 7. Decide on your future role – if you’re not ready to let go completely, define your role and make sure you’re rewarded appropriately.

To find out more contact your Macquarie relationship manager, call 1800 442 370 or visit macquarie.com.au/business

The information has been prepared by Macquarie Bank Limited ABN 46 008 583 542 AFSL and Australian Credit Licence no. 237502 (“Macquarie”) for general information purposes only, without taking into account any potential investors’ personal objectives, financial situation or needs. Before acting on this general information, you must consider its appropriateness having regard to your own objectives, financial situation and needs. You should obtain a Product Disclosure Statement (PDS) available from us and consider that PDS before making any decision about whether to acquire that particular financial product. You should obtain financial, legal and taxation advice before making any financial investment decision.

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SECURITY top security tips

Security in strata:

Top tips for body corporate managers IT’S A NIGHTMARE THAT BECOMES REALITY FOR FAR TOO MANY HOMEOWNERS – HOUSEHOLD BURGLARY IS ONE OF THE MOST WIDESPREAD CRIMES IN AUSTRALIA AND NO STRATA BUILDING IS IMMUNE. DESPITE THE FACT THAT MORE MODERN SCHEMES PLACE AN INCREASING EMPHASIS ON SECURITY – ALL STRATA BUILDINGS ARE SUSCEPTIBLE TO UNAUTHORISED ENTRY, REGARDLESS OF THEIR AGE OR LOCATION AND SHOULD CONSIDER EMPLOYING SECURITY STRATEGIES.

Theft on the rise

A strata manager’s role

As development trends move towards more transit-oriented and mixed-use complexes, we are seeing an increase in ‘full service’ strata communities, which are complexes that have living, working and social components. More often than not, these strata accommodations have public transport stations, restaurants and bars attached. While these facilities are a great addition and can add value to an investment, they can also create opportunities for people who aren’t residents to use and walk through a complex’s common areas.

While it isn’t the onsite manager’s job to patrol the complex, they do need to play an active role in communicating security measures to residents, whether they are owners or tenants.

Casual trespassing is unavoidable and often harmless, despite being frowned upon by many onsite managers and residents.

However, if it isn’t closely monitored and adequate security measures aren’t put in place, minor cases of intrusion can lead to violence, vandalism and theft.

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The strata manager should also take responsibility for ensuring that all safety information is up to date and any safety and security audits are undertaken as needed.

The procedure for handling security situations should be made clear in the building’s by-laws and communicated to every tenant.

top security tips SECURITY

Protecting your property There are a number of avenues that strata schemes can explore to ensure building security is up to scratch. All complexes should have security measures at some level to protect both residents and the body corporate.

Many complexes engage security companies to some extent to safeguard the property. Professional security doesn’t have to break the bank and can be flexible based on your needs, whether you require random night patrols or static guards. If everyday security guards aren’t an option consider having a patrol in common areas during busy periods such as long weekends and holidays.

Installing CCTV cameras is another way to increase security in your building around the clock. The appearance of cameras can not only deter bad behavior, but can also assist in generating leads and tracking down culprits. There are a number of unique rules and scheme by-laws that govern what can and can’t be done in terms of security cameras, so always review by-laws and check with the body corporate committee to be certain of what’s allowed in your complex.

Communication should be the backbone of any security strategy – it’s important to maintain open lines of communication with residents to let them know what security measures are in place, to keep their eye out for any potential risks and what procedures they should follow if they see something suspicious. Make sure that security procedures and guidelines are provided to all residents and readily available at a common area of the building. Protecting your building from intruders can sometimes be as simple as closing doors behind you, taking notice of suspicious people and ensuring all incidents are reported.

If there is an intruder in your complex it should be handled by onsite security or the police should be called.

Top security takeaways from Archers Body Corporate Management: w Have a plan in place – work with the body corporate to ensure your complex has a plan to monitor and manage security issues. All complexes are different so there’s no one size fits all plan – the most effective plans are unique to the complex. w Consider the professionals – if security is a recurring issue in your complex, consider engaging a professional security firm. w Communicate clearly – make sure all residents are aware of the rules around security in the building, keep their eyes out for suspicious activity and know the procedure to report something they may have seen. w Think ahead – if there is an event or holiday coming up where the complex will be busier than usual, consider stepping up security. w Be alert – If you notice suspicious people, make note of it and be cautious approaching them.

Remember to leave confrontation to the professionals to avoid dangerous situations.

This article was kindly supplied by Andrew Staehr, a director of Archers Body Corporate Management.

march 2015

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SECURITY locking in your security

CONSIDER THESE SECURITY MEASURES FOR STRATA COMPLEXES

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TRANSPARENCY & RAISING AWARENESS

HIGH DEFINITION CCTV

ACCESS CONTROL

VIDEO INTERCOMS

IMPROVING LIGHTING & PHYSICAL SURROUNDS

BCA TAKES PRECEDENCE OVER INSURANCE COMPANY REQUIREMENTS

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march 2015

locking in your security SECURITY

Locking in your Security THIS ARTICLE, FROM A LOCKSMITHING AND PROFESSIONAL ASSOCIATION PERSPECTIVE, WILL PROVIDE LANDLORDS AND PROPERTY MANAGERS WITH SIMPLE MEASURES AND IDEAS THAT CAN BE IMPLEMENTED IN RELATION TO SECURITY CONSIDERATIONS WITHIN STRATA COMPLEXES.

Property owners, body corporates and strata managers have a wide range of obligations and regulations they must follow in order to fulfil their obligation of providing ‘reasonable’ security.

Transparency & raising awareness Informing tenants of their and what your obligations as the managers of the building are is a great starting point. Make it clear that you are responsible for providing ‘reasonable’ security whilst ensuring that all legal & building regulations are adhered to in the process. Be firm and clear in relation to the persons responsible and procedures required for additional lock requests, change of locks or want for additional keys.

Stress that all requests to change or improve hardware must come through the proper channels.

Communicate this clearly and effectively with your tenants and landlords, provide them with written confirmation and ongoing education and you’ll find less deadbolts being added to your unit entry doors and therefore less compliance issues.

Reminding tenants to be vigilant in terms of locking doors when leaving units unattended, shutting doors on common entry doors, parking cars in an allocated spot or in a well-lit area and taking notice of suspicious people or activities will also assist in making the building or complex safer.

Access control

Access control refers to the practice of restricting entrance to a property, a building, or a room to authorized persons. This can be achieved via mechanical means such as locks and keys, or through electronic means such as access control systems. There are many new electronic access control systems on the market today to suit all types of applications and user requirements, such as LOktouch.

Lighting & Physical surrounds

Lighting can be used as an effective tool at preventing criminal activity.

Security lighting will aid in the detection of intruders, deter intruders in the first instance and provide tenants with an increased feeling of safety.

Lighting upgrades will also improve the general amenity of an area and encourages pedestrian movement through areas which may have previously been avoided. This will also improve natural surveillance which assists in the detection of suspicious behaviour.

Installing motion sensors is a cost effective way of increasing security.

Burglars don’t like being seen, so strategically improving lighting is one of the simplest steps you can take.

Improving the physical surrounds of the complex will deter any would-be intruders. Ensuring all trees and shrubs are properly trimmed provides a clear view of the property and restricts the amount of bushes that block the view of doorways. The appearance of an unkempt residence will give the impression that ‘no one really cares’, while the sight of a tidy building and surrounds implies that the opposite.

body corporates and investigators to identify, address and manage the following issues in strata schemes: ww unauthorised parking on common areas ww visitor parking issues ww unauthorised use of common areas ww garbage dumped on common property

It is also important to note that you ensure that CCTV cameras are not to be positioned in areas where you would reasonably expect activities of a private nature to occur. Locksmiths specialising in electronic security are well equipped to provide you with product and installation advice.

Intercoms

Intercom technology has come a long way over the past decade with many management bodies implementing video intercoms to increase the privacy and security of tenants.

Video intercoms enable tenants to see and speak to guests at the door or gate prior to giving permission for their entry. Intercom technology also allows you to store images of who has pressed doorbells or entered the complex so you know who’s been lurking around.

Safes

Encourage tenants to lock personal or valuable belongings in a proper safe, (including common property keys). There are many different types and brands of safes currently out in the market, often raising more questions than answers.

A locksmith or security professional is best equipped to assist tenants in finding the right safe. There are the various options when it comes to safes including key operation, combination lock or electronic safes, but the old adage of 'you get what you pay for' certainly rings true when purchasing a safe’.

Determining the degree of protection, the nature and value of the property to secure are vital elements to consider. Installation is also just as important as the purchase.

Final word

As strata managers it’s important to know your responsibilities and this includes ensuring all locks comply (without tenant intervention) with the various regulations as written in the Building Code of Australia (BCA).

For example, it is important to remember that most gates on the common property boundaries must be free to exit at all times.

Some press to Exit buttons do not comply. Even today, some gate manufacturers are still building and installing non-compliant gates, and are not aware of their legal obligations under the BCA. The BCA takes precedence over any insurance company requirements.

The Master Locksmiths Association conducts courses on the BCA for its Members. This ensures you are getting current and sound advice from a security professional, rather than a handyman.

CCTV

Along with acting as a great deterrent to theft and malicious damage, modern CCTV systems (such as IP Cameras) provide you with higher definition which assists police in gathering more detailed information. Additionally, CCTV cameras and their images can assist This article was kindly supplied by Master Locksmiths Association of Australasia (MLA)

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SECURITY internet security

Internet security: be aware and be prepared!

THE INTERNET REVOLUTION HAS SEEN A SUBSEQUENT EXPLOSION IN THE AMOUNT OF INFORMATION ONLINE, LEAVING USERS AT RISK OF CYBER-BASED CRIME AND FRAUD. In December 1995 the internet wasn’t much more than email and a basic brochure catalogue that trickled onto 16 million computers at a frustratingly slow speed.

However, a fuse had been lit, and now nearly half the world’s population – around 3.25 billion people – are driving what has become an internet revolution.

The past 25 years has seen unprecedented social, commercial and technological evolution that has fundamentally and systematically changed the way we live and communicate.

“Incorporating a few simple strategies can help you stay safe on the internet.”

But the explosion in internet use and the subsequent free and open flow of information also poses risks to domestic, business and government users, as cyber criminals, hackers, spammers and even terrorists seek to exploit vulnerabilities in internet security.

Scammers now employ a variety of sophisticated tools such as malicious software (malware) to destroy or steal your personal and confidential information.

The opportunities for accumulating significant financial gain and engaging in destructive and disruptive activities remotely and with almost complete anonymity are simply too tempting (and rewarding) for some of the more nefarious users.

But rather than be scared, the lesson here is to be aware of the risks and prepared for the worst. Incorporating a few simple strategies can help you stay safe on the internet and prevent your personal or business information being exposed to cyber attack.

Defend your devices All internet-connected devices are vulnerable to attack – not just computers.

This includes tablets, smartphones, and even games consoles. Take steps to ensure your device is protected whenever you’re online. w Secure every device with a strong password (including your wireless router) and lock phones with a PIN or fingerprint scan; w Install effective anti-virus/malware/spyware software and always keep the subscription up to date; w Never turn off your firewall. Ideally, install a Next-generation or UTM firewall to protect the whole home or office; w Only use legally acquired and up to date software; w Don’t illegally download music, movies, games and other content, as pirated files often carry hidden viruses, malware and spyware; w Always think twice before opening attachments or clicking on links in emails, texts or on social networks – even when you know the sender; w Don’t click on Agree, OK or I Accept in banner ads, pop-up windows or in unsolicited offers to remove spyware or viruses.

weak this could leave your personal information vulnerable to hackers. w The best passwords are phrases/and or sentences of at least 14 characters, using a combination of uppercase and lowercase letters, numerals, punctuation marks and symbols; w Passwords need to be strong but memorable. Base them on the title of a favourite song or book, or a familiar slogan or phrase; w Always use a different password for each website, especially those with your financial information; w Always keep them secret – even from your closest friends – and don’t store them on the device they’re supposed to be protecting.

Protect your personal information The only way to ensure your personal details remain private is to be constantly vigilant about where you’re surfing the net and what information you’re providing. This applies to emailing and texting, as well as on websites and social media. w Never use public computers for financial transactions. w Ensure the web address is authentic and contains https (“s” for secure) with a closed padlock nearby, particularly when banking or shopping; w Never provide sensitive details like credit card or pin numbers in an email, text or on a social network; w Set your location data so it’s not publicly available or searchable. w Be very careful before responding to financial requests from family or friends. Deals that sound too good to be true probably are.

Be careful when using social networks There are over one billion connected accounts on social media sites across the internet and any personal information you share or comments you post can become public and potentially remain visible in search results for years. w Always be discerning about accepting new friends. Make sure you know who they really are; w Regularly reassess your friends and who has access to your personal pages. Review what’s posted about you and don’t ever share personal details or pictures of family, friends or colleagues online without their permission; w Don’t post anything you are not comfortable sharing publicly. It’s very easy to lose control of private or intimate photos and videos; w Manage your online reputation and make sure it remains accurate and positive; w Always stand up for your friends as cyber-bullies tend to avoid people with a strong and supportive network; w Use the Privacy and Options settings in Facebook, Twitter and other social media sites to manage who can see your profile or photos.

Block anyone you feel is behaving inappropriately.

The internet is arguably the greatest entertainment, education and business enablement tool in human history. Using common sense and implementing simple precautionary strategies can help minimise any associated risks and means you can continue to enjoy all the benefits that high-speed broadband access offers.

Create strong passwords Passwords are the primary defence against break-ins to your devices and online accounts and require serious consideration. If your password is

This article was kindly supplied by Timothy Strachan, Manager – Special Projects TPG Telecom

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securing your strata scheme SECURITY

How secure is your strata scheme?

THERE ARE A NUMBER OF IMPORTANT SECURITY MEASURES THAT STRATA SCHEMES CAN AND SHOULD CONSIDER TAKING.

Security can sometimes be a tricky issue for owners corporations who need to balance the rights of owners and occupiers to access and use both common property and lot property with the scheme’s obligations to restrict unauthorised third parties from accessing the building and to minimise the risk of crimes such as break ins, theft or damage.

will be monitored, the methods of communicating with owners and occupiers, as well as any other duties they will be required to perform should all be discussed and agreed by a scheme before quotations or tenders are called for.

Some of the ways an owners corporation can establish and maintain increased security measures in a strata scheme include:

If a scheme is located in an area where there is a high or increased risk of crime at certain times, a scheme may want to consider engaging security guards. The conduct of security guards in New South Wales is governed by the Security Industry Act 1997 which sets outs requirements for the licensing of security guards and an approval process for the carrying out of security activities.

By-laws A scheme can draft and resolve by-laws to enhance security. Examples include by-laws restricting access to parts of the scheme at certain times and by-laws that provide for the installation of a security card/ swipe system where owners and occupiers will require a valid security card to access the building.

A scheme can also consider establishing by-laws that regulate the conduct of third parties who access the building such as requiring owners and occupiers to ensure that all tradespeople attending the scheme provide identification and sign in at a register upon entry to the scheme.

If by-laws under Schedule 1 of the Strata Schemes Management Act 1996 apply, a scheme could consider amending by-law 5 to restrict owners from changing their locks to ones which are less secure and/or could cause the scheme not to be fire safety compliant.

Section 65A motions At a general meeting of the owners corporation, a scheme can specially resolve a motion under section 65A of the Strata Schemes Management Act 1996 to alter or add to the common property by erecting or installing structures that enhance security. These can include security-monitoring equipment and cameras, bars or security grills on windows or doors and security access such as boom gates for car parking areas.

Owners corporations should be aware that some of these measures may also require the consent of statutory and other authorities such as the local council and community associations, as applicable.

Security guards

When a scheme wishes to engage security guards, they will need to ensure they seek the prior approval of the relevant statutory authorities (which can include the local council and NSW Police) and confirm that the proposed security guards hold the required classes and level of licences under the Security Industry Act 1997.

Some strata schemes may only require increased security measures at certain times of the year, such as on New Year’s Eve. There is no restriction on a strata scheme engaging security guards on a one-off basis, but the scheme may still need to obtain proper approval from relevant statutory authorities.

On occasions owners corporations have engaged security guards to provide security services for meetings where violent behaviour is anticipated.

Community associations Many of the security concerns and the desire for increased security measures that strata schemes have will also be relevant for community associations. Community associations who are considering increased security measures such as employing a concierge or security guards may need to amend their community management statement by establishing empowering by-laws authorising the community association to enter into contracts with the suppliers of security or concierge services.

Engaging personnel to enhance security A scheme could consider engaging a concierge who is tasked with regulating and/or monitoring access to the scheme. The scope of a concierge’s role including hours of work, how access to the scheme

This article was kindly supplied by David Bannerman and Samantha Saw of Bannermans Lawyers

march 2015

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LIFESTYLE top 10 books

THE GIRL ON THE TRAIN by Paula Hawkins In the vein of Gone Girl and Before I go to Sleep comes this debut crime thriller. Rachel catches the same commuter train every morning. She knows it will wait at the same signal each time, overlooking a row of back gardens. And then she sees something shocking that changes everything. As smart as it is scary, this book is a terrific way to discover the crime genre.

ODDFELLOWS by Nicholas Shakespeare This terrific novella is the perfect size for those looking to get back into reading. Learn about the only enemy attack of WW1 to occur on Australian soil as Shakespeare turns this little known piece of Australian history into a story for our time.

Top 10 Books to Help You Read Your Way to a New You WITH STUDIES SHOWING THAT READING A BOOK FOR JUST SIX MINUTES A DAY CAN REDUCE STRESS BY AS MUCH AS 68 PER CENT, THERE’S NO BETTER REASON TO SWITCH OFF THE TV AND CURL UP WITH A GOOD BOOK. THIS YEAR WHY NOT EXPAND YOUR ‘READING COMFORT ZONE’. HERE’S SOME NEW READS TO GET YOU STARTED …

TO KILL A MOCKINGBIRD by Harper Lee This beautifully written literary classic tells the story of a black man charged with the rape of a white girl. Told through the young eyes of Scout and Jem Finch, Lee explores the irrationality of adult attitudes to race and class in the Deep South of the 1930s. This book may be a classic, but its themes are as contemporary and relevant today as they were when published in 1960.

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INHERENT VICE by Thomas Pynchon Stretch your imagination by reading this wild ride featuring a rag tag ensemble of criminals, surfers, hustlers, musicians and more. Now a major motion picture, starring Joaquin Phoenix, Josh Brolin and Reese Witherspoon, this book is both entertaining and engrossing.

top 10 books LIFESTYLE

THE 4-HOUR BODY by Timothy Ferriss Tim Ferriss speaks seven languages, holds a world record in tango, is a national Chinese kickboxing champion, has beaten four world champions in cage fighting, and has appeared on a hit TV series in China and Hong Kong. If you’re looking for a way to challenge yourself this year, then Tim’s book is the one for you.

THE STRANGE LIBRARY by Haruki Murakami

TRASH by Andy Mulligan

On his way home from school, the young narrator of The Strange Library finds himself wondering how taxes were collected in the Ottoman Empire. He pops into the local library to see if it has a book on the subject. This is his first mistake. Reading a Murakami is unlike anything else you’ll ever read. Fully illustrated and beautifully designed, this is unique and wonderfully creepy tale that is sure to delight.

Raphael is a dumpsite boy and spends his days sifting through mountains of steaming trash. When a small leather bag falls into his hands, Raphael’s world is turned upside down. Soon he and his friends find themselves wanted by the police and running for their lives. This uplifting book about three street boys who take on the world is fast-paced and intensely moving.

The film based on the book is opening in cinemas in March.

THE VIRGIN WAY: HOW TO LISTEN, LEARN, LAUGH AND LEAD by Richard Branson Richard Branson is an inspiring pioneer of humanitarian projects and an iconic business leader.

But this is not a conventional book on leadership.

Whether you’re at the beginning of your career, or head of a Fortune 500 company – this is your guide to being your own CEO (Chief Enabling Officer) and becoming a true leader – not just a boss.

THE NARROW ROAD TO THE DEEP NORTH by Richard Flanagan In the despair of a Japanese POW camp on the Thai-Burma death railway, Australian surgeon Dorrigo Evans is haunted by his love affair with his uncle’s young wife two years earlier. As he struggles to keep the men under his command alive, he receives a letter that will change his life forever. If you have one reading goal this year, make it reading this 2014 Man Booker prize-winning novel.

GALLIPOLI by Peter FitzSimons Now approaching its centenary, the Gallipoli campaign, commemorated each year on Anzac Day, reverberates with importance as the origin and symbol of Australian and New Zealand identity. Well-written and meticulously researched, FitzSimons recreates the disaster as experienced by those who endured it or perished in the attempt.

Article compiled by Random House Books Australia

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STATE new south wales

NSW

President's message WITH 2015 NOW WELL UNDERWAY, SCA (NSW) PRESIDENT GREG HAYWOOD SAYS THIS YEAR WILL BE A LANDMARK YEAR FOR THE NSW STRATA INDUSTRY WITH NEW LAWS FINALLY COMING INTO FORCE. Without getting into a political debate, the NSW State Election will be closely watched by us here at SCA (NSW) because it will mean the difference between several stalled years of consultation and negotiation and a huge leap forward.

In view of the new legislative changes I also want to remind members of the importance and benefits of accreditation. We have some new and up-to-date information for you in these NSW pages but I also want to add my support and encouragement to the accreditation program.

We already know that if there is a change in government, the Labor Party has said it would scrap the proposed strata title law reforms but if the Coalition is re-elected then we will finally see the fruits of our labour.

We believe the changes put forward in the new strata title laws are good and while we would like to see some further improvements, what is proposed is a significant improvement compared to the alternative of doing nothing and retaining the status quo.

Accreditation is a great way of demonstrating your commitment to excellence and can be used as a marketing tool to differentiate you from your competitors. Consumers look for those individuals and companies that undertake ongoing education, can demonstrate a commitment to ethics and are up-to-date on the laws and regulations. Being accredited signals to consumers your commitment to providing them with excellent service and all that entails. This will be more important than ever when the new laws take effect.

Also on the current government’s agenda is a review of community title laws, which we have advised members on previously. The NSW Policy and Legislation Committee is working through a paper released by the NSW Government late last year to identify issues and address them. We have identified some conflict between the strata title and community title laws and will be working with NSW Fair Trading to try and ensure these are addressed well before any legislation is drafted. Keep your eyes on the SCA (NSW) website for further updates.

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SCA (NSW) is also expanding its education program. We have entered into a new partnership with Real Estate Training Solutions (RETS) to deliver the Certificate of Registration (COR) course. Details of the course dates for the entire year are up on the website and registrations are open. We are extremely pleased to be able to offer this course in-house and resume dealing directly with our students at a competitive price.

new south wales STATE

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The CPD programs will be expanding the regional offerings this year and, provided there is enough interest, will offer roadshows twice rather than once a year to some of the larger areas such as Tweed Heads, Coffs Harbour and Newcastle. CPD by Distance and CPD Direct sessions will continue to be offered to members who can’t attend sessions away from the office. As always check the website for more details.

It’s not all work though and we still have our wonderful events program for 2015. While we’re missing our Marketing and Events Manager, Lucy Byers who is busy being a new mum to little Grace, we are soldiering on. The Sailing Day was a great success and we are about to launch the 2015 Strata Community Awards. Our thanks to Whitbread, which is sponsoring the awards and gala dinner again for the second year.

We have also decided to give the Annual Convention a make-over and will be having just a one day event with evening formal dinner.

The Strata Owners Day has been moved to a new date and location and the Annual General Meeting will also be held independently of the Convention. This is all in response to feedback from members and shows that we are listening and acting on what it is you want.

Lastly we have had a small staff reshuffle at the Secretariat with Rachel Lynn stepping into the role of Operations Manager with Lucy Byers now on maternity leave and Glenda Green who is on extended leave and will then move into a Business Development role.

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We have a great year ahead of us with lots to do and lots to enjoy.

Thanks for your ongoing support.

Greg Haywood President SCA (NSW)

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www.cleangreenstrata.com.au Exciting franchise opportunities available. march 2015

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STATE new south wales

Legislation and Policy Update REVIEW OF STRATA AND COMMUNITY TITLE LEGISLATION STILL ON GOVERNMENT AGENDA. HERE’S AN UPDATE FROM THE SCA (NSW) POLICY AND LEGISLATION COMMITTEE Over the last 12 months the Legislation and Policy team and the SCA (NSW) Board have worked on the review of the strata legislation. Here’s a recap of where we’re at with the changes here in NSW. Last year we were ready to see the introduction of the laws into NSW Parliament when a cabinet reshuffle saw a new Minister for Fair Trading take up the portfolio.

Christmas party The Christmas Party season kicked off for a lot of SCA (NSW) members with the very popular annual event. Around 220 people braved thunderstorms, lightening and pelting rain to arrive at the luscious Loft on King Street Wharf. Luckily while the night was warm the drinks were cold and the canapés disappeared quickly.

Thanks to the evening’s sponsors: • CHU • Strata Engineering Solutions • Commercial Cleaning and Caretaking (CCC) • Windowline

With the new Minister taking over the portfolio and the upcoming state election looming the Government has decided to wait until after the election to finalise the new legislation and to use the time to review the Community Title legislation as well (to try to harmonise some areas).

Representatives of the Board (and Committee) have met with the Minister, Ministerial and Fair Trading staff on a number of occasions to discuss the new legislation and make many suggested changes to the proposed reforms.

Once the formal bill is tabled in Parliament the Committee and Board will again review the legislation and seek comments from members.

The committee has also reviewed the Community Title laws in conjunction with the proposed Strata Title law reform to ensure consistency. Our submission will be posted on the SCA (NSW) website once completed and I encourage all members to read it over.

The latest information we have concerning the new laws is that if the current government is re-elected then the new laws will be introduced almost immediately into the next session of the NSW Parliament.

However, if there is a change of government expectations are that the new Government will review what has been done and may open up further discussions.

Other matters The Committee has also been looking at drafting a number of best practice guides for strata manager members on issues such as window safety and changes to the financial reporting requirements for strata managers under the Property, Stock and Business Agents Act. These will then be forwarded to the Professional Standards Committee for approval before being released to members.

On the issue of child safety locks, we’d like to remind strata managers that while we still have until 2018 to install locks our advice is that those managing large strata schemes should already be underway in getting the locks installed or factoring in a staged process of installation.

Finally, the Committee has resolved to review the current policies that are on the SCA (NSW) website. Once these are completed (and considered by the Board) they will be forwarded to members for comment. The aim is to have the final document to members prior to the next Annual General Meeting for discussion and then adopted from 2016.

If you have any specific issues on legislative reform or areas that the Legislation and Policy Committee should consider please contact SCA (NSW).

Colin Grace Policy and Legislation Committee SCA (NSW)

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2015 Sailing Day With the wind in their sails, 13 boats mostly crewed by SCA (NSW) members enjoyed their own version of the Sydney to Hobart yacht race. Of course it helps to have one actual Sydney to Hobart sailor on board one of the yachts. We’ll leave you to guess who that was.

Another successful annual sailing day on sparkling Sydney Harbour ended back at the Middle Harbour Yacht Club where our sailors were joined by landlubbers for the networking event. All up 180 people enjoyed a drink and the first catch up for 2015.

Thanks to our sponsors: • Finlease • 3 Colours

new south wales STATE

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STATE queensland

QLD

President's message One of the most critical Property Law Review Options Papers was released late last year addressing body corporate governance issues.

SCA (Qld) has been extensively consulting with the Property Law Review panel at the Queensland University of Technology (QUT), which was appointed to conduct the review on behalf of the Attorney-General. We engaged with Queensland members to ensure that we find consensus on those critical industry issues. It was noticeable that many of our preferred options have made it through the consultation process and are reflected in the paper that has been published for public comments. The 29 questions raised in the Options Paper are at the heart of our members’ day-to-day activities and probably not different to most strata manager’s professional lives across Australia: parking, pets, overcrowding, smoke drift, by-law enforcement and delegation of the enforcement, debt recovery, including recovery costs, the handling of unpaid contributions, and finally scheme termination. The QUT team has provided options that reflect South Australian and Northern Territory practices and we strongly believe that some positive reforms will result from this big review. Generally speaking, we support the view that strata communities should be treated in same way as stand-alone houses.

We come across so many differences that often create unfairness that we are pushing for equality. Some of these reforms could also introduce some easier management of strata schemes, especially where there are small committees that struggle to keep up with regulations.

Making it easier to self-manage has many positive impacts to a more harmonious strata community living environment.

The review is timely as we see more and more cranes going up in and around South-East Queensland and even in the North around Townsville. New statistics from the (Queensland Land) Titles Office show a 3% increase year on year in strata title schemes, reflecting the ‘mini-boom’ currently experienced in the sector. Along with this good news came reports late last year that developers are grabbing big land

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sites at the Gold Coast to build tourism accommodation. Brisbane’s biggest development was also approved at 90 storeys over 274 metres in height, as well as a mixed-use seven-tower project with 1,000 lots in Woollongabba (Brisbane). The Gold Coast now has 11,996 strata schemes closely followed by Brisbane with 11,217. Brisbane has grown by a staggering 301 schemes in 12 months, while the Gold Coast now has 144 more than at 30 December 2013.

Considering this rapid growth, the SCA (Qld) Board has adopted the new SCA code of conduct, as it’s critical that there is a significant point of difference between SCA members and non-members. Too often strata title owners still choose the cowboys in the sector who do not commit to continual improvement and often are uninformed about the latest reforms. To us the point of difference with these operators is first and foremost the SCA accreditation pathway, which we have implemented with this membership year. The Education Committee is developing core modules for our members to complete so we have a standardised education system that is transparent and reliable.

Professional standards and a commitment to education are at the heart of SCA’s reputation. In addition, the Board has scheduled a strategy day to focus on the organisation’s strategic plan from which we can then draw business goals and objectives. As a membershipdriven organisation we cannot expect to rest on our success of the past years, we must have a look at what is happening in our sector and what will ensure we remain relevant to members. I am pleased that we will be able to present to members a revised vision, mission and objectives for us to move forward and fully support members in their businesses.

Simon Barnard SCA (Qld) President

queensland STATE

Self-governing by-laws become major advocacy driver The release of the law review options paper triggered some public debate about emotive issues such as smoking on balconies in strata community schemes. Many opinions focused on the view that non-smokers deserve clean fresh air. However, SCA (Qld) rather supports the view that people living in houses have the same issue with their neighbour’s smoking and there is little you can do about it other than trying to resolve it with the neighbour directly. Local councils do not restrict smoking on a private property, consequently there shouldn’t be any restrictions in strata community schemes either.

SCA (Qld)’s Legislation Committee, chaired by Andrew Suttie, is developing a response to the issues paper that will clearly advocate for a fair treatment of residents in strata schemes. Placing garbage bins back inside the property after collection day, towing abilities for parking in a lot marked for disabled visitors or short-term parking and allowing or disallowing pets in strata all fall under the same category: where there are council restrictions in place for stand alone houses, a body corporate should be allowed to do the same by way of by-laws. A body corporate should be given a choice to decide what they want for their scheme. SCA (Qld) supports that they are empowered to restrict smoking on balconies and in common areas if they so wish through their body corporate structures.

SCA (Qld)’s submission to the governance options paper outlines its views that bodies corporate should be given the powers to make their own decisions, whether that be concerning smoking, keeping pets or parking and scheme termination, by way of a democratic process. This principle balances the rights of owners, as well as addressing responsible public health policy.

Networking taken to the next stage

The 2014 SCA (Qld) Christmas Networking event attracted more than 200 members in five locations. SCA (Qld) thanks hosts Archers Body Corporate Management, Body Corporate Services, Nicholsons Solicitors and tcmstrata.

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STATE victoria

VIC

State of the State ww More than 1,600 people attended SCA (Vic) events in 2014 such as seminars, round tables, & special interest groups. ww 50% of all plans registered by Land Victoria in 2013-14 were strata ie owners corporations. ww For a successful strata management tender process, we have published a Consumer Info Guide, a template Property Profile, and details. It includes the Top 10 questions when choosing a strata manager, as well as criteria suggestions. ww Confused about how discrimination law applies to strata? If so, SCA (Vic) provided input in the development of a guide to the Equal Opportunity Act and owners corporations, published by the Victorian Equal Opportunity and Human Rights Commission. ww New advocacy positions on a number of issues have been adopted: Duties & Responsibilities – Owners versus Occupiers; Insurance for shared services; Costs of fee recovery; and Public Liability insurance. ww SCA (Vic) in partnership with Consumer Affairs Victoria has agreed with the Victorian Law Foundation to be an Event Partner and host an event as part Law Week 2015 [11-17 May 2015], in order to promote strata to the public. This CBD event, a public information session, is to be held 12 May 2015 and will feature expert speakers such as government, a strata manager, lawyer, and insurer. ww Vic held a State Election in late 2014 and strata raised its head as an election issue. Labor’s planning policy is to clamp down on 'party pads' from Airbnb, and pledges to better regulate shortstay apartments. Labor promised to appoint a panel to help improve regulation of CBD residential buildings. The Greens’ Ellen

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ww

ww

ww

ww

ww

Sandell, who won the seat of Melbourne, plans to change the law to support residents. She promised to introduce a bill to amend the OC Act 2006 to regulate serviced & short-stay apartments, while protecting the use of Airbnb by genuine individual residents who call Docklands home.

Subsequently to Labour’s election victory, Jane Garrett was appointed as the new Minister for Consumer Affairs. Richard Wynne is the new Planning Minister.

The Labour government is keeping its election commitment and has advised that SCA (Vic) has been appointed to the government panel reviewing the regulation of short-term letting. SCA (Vic) has nominated strata manager Michael Nugent as our expert panel member.

The ACCC published a report on comparator websites. They will also be publishing further guidance. There are comparator websites for strata management contracts.

4.87% is the national average of levies in arrears greater than 30 days, as reported from the 2014 SCA Strata Benchmarking Project.

It has continued to improve [ie decrease] over the previous two years.

Profit equals Training. The profit leaders [in the top 10% of businesses] are those that do more training of their strata managers. The converse is also true. The profit laggers [the bottom 10% of businesses] are those that do less training of their strata managers. This is one key insight as reported from the 2014 SCA Strata Benchmarking Project.

victoria STATE

Vic strata manager jailed for fraud

2015 EVENTS CALENDAR Major Events in Victoria

Full Day(s)

Symposium and Awards for Excellence

Melbourne Park

21 August

Principals Retreat

Hamilton Island

22 – 25 October

Education Seminars

Dave Duckworth, a Victorian strata manager, has been jailed by the County Court for fraud – one of the seven deadly sins a strata manager can commit. The sentence is 2 years jail, 16 months of which is suspended. So he will spend 8 months in jail.

13 Feb

Ballots

3:00pm-5:00pm

6 March

Legislative Change & Challenges

7:30am-9:30am

17 April

Leases, Licences & Agreements

9:00am-1:00pm

15 May

Boundaries & Adjoining Properties

7:30am-9:30am

Previously, when he was an employee at a strata management firm, he committed a fraud of around $100,000.

12 June

Principals Business Development Workshop

9:00am-5:00pm

10 July

Managing a Crisis in a Strata Property

3:00pm-5:00pm

18 Sep

Business Writing Excellence

9:00am-5:00pm

20 Nov

Strata Insurance & Claims Trends Update

3:00pm-5:00pm

11 Dec

VCAT – Do’s and Don’ts

1:00pm-5:00pm

Following the discovery of the fraud by the principal of the firm, all of the owners corporations that were affected have subsequently been reimbursed, thanks to the strata management firm employer’s insurance policy.

As well as knowing right from wrong, the devastating affects on Dave Duckworth himself cannot be emphasised enough and represents a cautionary tale for anyone tempted to do the wrong thing. He turned 34 years old on 23 Nov 2014. His life will never be the same again.

Dave is not a member of SCA (Vic). He was a member until 30 June 2014.

This case is an example of the exception to the rule of the ethical standards of most strata managers. But SCA (Vic) is firmly committed to the highest professional standards and welcomes the removal of unethical behaviour in our industry.

Fraud poses a significant risk to strata management businesses, but this risk can be mitigated by implementing strong internal practices, controls, policies and procedures to prevent, detect and respond to it. Make sure your strata management business has appropriate risk management systems, authorisation processes, and systems, for your owners corporation clients.

All education seminars to be held at the Manningham, 1 Thompsons Road, Bulleen (unless advised otherwise)

Round Table Discussions (RTD) 17 Feb

East

8:30am-10:30am

1 May

South East

8:30am-10:30am

3 July

CBD

8:30am-10:30am

27 Nov

West

9:30am-11:30am

RTDs are free open forums (limited to 40 attendees) Venues vary per event, refer website for full particulars

Special Interest Groups (SIG) Rising Star Chapter

31 March & 4 Aug

3:30pm-5:00pm

Introduction to Multiple OCs

21 April

3:30pm-5:00pm

Suppliers’ Chapter Breakfast

20 May

8:30am-10:00am

Principals of Strata Mgmt.

Companies

26 May

TBA

Niche Market Managements (ie RV, Chalet, MPE, Company Share)

30 June

3:30pm-5:00pm

Women in Strata

TBA

TBA

SIG discussions will be held at different venues, please refer to website for full particulars

It’s sadly ironic that this decision was made amidst the 2014 International Fraud Awareness Week.

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STATE victoria

Wrap up of Christmas Party CHRISTMAS TIME FOR STRATA MANAGERS MEANS A DELUGE OF WORK FROM EVERYONE WANTING EVERYTHING DONE BEFORE CHRISTMAS, TO LOOKING FORWARD TO A WELL EARNED SUMMER BREAK – HOPEFULLY WITHOUT THE INTERRUPTIONS OF PROPERTY DAMAGE CAUSED BY DELUGES FROM THE WEATHER. As a thank you for being a member, SCA (Vic) held a free Christmas networking party in Dec 2014. After all, the funds of SCA (Vic) are your money.

There is a great sense of collegiality in the Victorian strata management sector, and competitors share common challenges and problems. Often it’s reassuring just to know you’re not alone in experiencing a certain challenge. And whilst still competitors, anything that can help to continue to foster good relations between competitors is worthwhile. There are a number of close friendships, outside of work, that have developed over many years between strata managers, and between strata managers and suppliers.

It was attended by 160 members who thoroughly enjoyed themselves.

The evening was held at the Melbourne Park Function Centre, part of Victoria’s premier precinct for sporting and concert events, that is centrally located and many people continued festivities late into the night at nearby venues.

Appropriately, given the venue, the lucky ‘eventual’ door prize winner received two tickets and a dinner voucher to any event at Melbourne Park. To explain ‘eventual’, the person who was first drawn out was outside the room at the time. And, well, you have to be there to win, so it was redrawn.

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STATE western australia

WA

President's message SCA (WA)’S OUTLOOK FOR 2015

The year is out of the barriers! Too soon we will be able to put the binoculars down as the outlook for 2015 comes into view, emerging from the clouds of dust with flaring nostrils, pounding feet and vibrant colours.

With the poeticism out of the way, what do we predict will be in store for 2015? At the risk of torturing the metaphor, how will we see SCA (WA) Inc lead the field?

The current environment contains readily identifiable opportunities for our Association and our members. The most obvious being from the growth in the number of, and overall proportion of registered strata lots.

Other opportunities also exist in the attractiveness of our economic, political, cultural and climatic conditions for international investment in property, the need for sustainability and smarter urban design, as well as law reform and the likely increasing sophistication and complexity of strata title laws.

It is these opportunities that to a large degree informed SCA (WA)’s strategic plan, which is the written embodiment of the Association’s outlook for the next two years. However, I do not wish to trump out and repeat the strategic plan here. Although that’s not because I wish to diminish the significance of the strategic plan. Our strategic plan for 2015 to 2017 is the result of a detailed assessment of environmental trends and a hard analysis of the Association’s strengths and weaknesses. The goals developed as a result have aided the Council and staff daily, and 12 months on it remains a relevant and pertinent document. I can sum up the vision simply: We will do more; we will be more.

Prioritising decisions I want to instead take a bolder step and talk about the decisions we need to make to achieve that strategic vision. What will be the actions that result in membership growth, greater member engagement, high-quality education and professional development, influence with stakeholders and increased brand awareness? What do we need to do to close the gap between where we are now and where the opportunities we identified should take us? What are the major questions we need to answer NOW to ensure a successful 2015 and success beyond 2015?

For SCA (WA)’s Council, the priority decisions are these: wwCan we achieve the level of service members expect at current subscription rates? wwCan we achieve membership growth within the structures of the current provisions of our constitution? ww Do we have the skills and experience to be leaders of the strata community in WA? wwWhat skills do we need to acquire? wwWhere do we need to have presence? wwWhat alliances and affiliations do we need to make? wwWhat role can the Association play under a scheme for regulation of strata managers, whatever that scheme may ultimately be?

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I invite all of our members to join the conversation. I know that there will be great leadership shown among our members to help steer us to make the best decisions. Those decisions will in turn demand all of the energy, innovation and action we can muster.

Strata Titles Act Reform At the time of writing, SCA (WA) is on the cusp of finalising and lodging its submission in response to Landgate’s consultation paper on the Strata Titles Act Reform. By the time this edition goes to print, we hope that publicity surrounding SCA’s position will be in full swing.

The Law Reform and Public Policy Committee, chaired by Ida Smithwick, has compiled comprehensive feedback and a submission following a period of consultation with our members. The consultation paper, of course, contains key elements of reform that stakeholders have advocated for over many years to enable the industry to catch up and keep pace with housing needs in our community. In the process, some new proposals have crept in, important details have not apparently been given the consideration they deserve and other needed reforms are missing. It is critical that the experience and voice of our membership is heard to ensure the legislation that will result from this process is workable and delivers the benefits we have been waiting for. We can make a real and positive contribution to ensuring the new legislation has utility.

A key message SCA (WA) wishes to convey to government is that “regulation light” is not effective regulation of strata managers at all. The proposal that regulation of the industry take the form of: (a) strata managers providing Landgate with some

unspecified information and (b) SAT having jurisdiction in relation to strata company disputes

with strata managers will not advance consumer protection.

Rather, it will create uncertainty for strata management businesses.

SCA (WA) believes that licensing of strata managers is the most effective way of ensuring consumer protection, as well as enforcing standards of education, fitness of character, regulating trust accounts and implementing standards of financial reporting. If the changes to the Act are aimed at enabling growth and security for the strata sector, they should be accompanied by a regulatory system to match and support that growth and security.

There are many other aspects of the reforms proposed on which SCA (WA) has expressed its views to Landgate. The entire submission can be viewed on SCA (WA)’s website.

Rachel Cosentino President SCA (WA) Inc

western australia STATE

Perfect day on the water Park Linfoot Legal Solutions hosted a fabulous day out on the Swan River in December for their clients, including SCA (WA) strata managers and suppliers.

After a four-race challenge, Andrew Linfoot’s team was the outright winner of the day. With world champion yachtsmen at the helm of all four yachts, participants were assured of an exciting race each time. Perth put on a beautiful display of weather, with drinks and nibbles at the yacht club afterwards capping off a perfect day.

Perth Glory victorious Body Corporate Brokers hosted a corporate box at NIB Stadium in December where Perth Glory had a victory over Newcastle Jets. Many thanks to Nick Swallow and Jessica Atkinson for their generosity in hosting the event. A great time was enjoyed by all.

SCA WA New Members Management Business Members Cherith Pettitt-Jones

All Strata Management Services

Clare Edwards

WA Strata Management

Gianni Redolatti Vicus Strata

Management Members BrookeThorp

Prestige Strata Management

Kandice Fitzgerald

All Strata Management Services

Peta Bizzill

All Strata Management Services

Annie Fenech

All Strata Management Services

Carol Boxhall

All Strata Management Services

Brooke Thorp

Prestige Strata Management

Kelly Spiers

Custom Strata Management

Leigh Oliver

Custom Strata Management

Jessica Tait

Tanya Peck

Blackburne Property Group

Diane Carecos

Owner Members William Tan

Strata Asset Services

Geoffrey Drewett

Kelsie Langdon

Robert Taylor

Pro-Active Strata Management

Allan Creedon

Zoe Hollins

Catherine Cowcher

Pro-Active Strata Management

Lorna Neilson

Business Members

Karina Wilkinson

John Park

John Fryer

ParkLinfoot Legal Solutions

Morag Fryer

Ace Plus

Danny Schouten

Julian Bullock

Debra Spence

Longitude Insurance

Patrick Cunningham

Personal Members

Shivananda Ponnusamy

Matt Johnson

Jessica Atkinson

Body Corporate Brokers

Strata Company Members Saxon Mailey The Mews

Charmaine Thomas Gary Meyer

Catherine Gibson

Lorraine Bennett

Elizabeth Arthur

Marion Milton Kanimbla Road

Kevin Goble

Owners of Park Apartments

Custom Strata Management march 2015

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STATE ACT

ACT

President's message HAVING RECENTLY BEEN HONOURED WITH THE APPOINTMENT TO THE POSITION OF SCA ACT PRESIDENT, MY FIRST INCLINATION IS THAT OF REFLECTION ON THE SIGNIFICANT STRIVES FORWARD UNDER THE STURDY DIRECTION OF MY PREDECESSOR, TIM MALY. AS A FIRST ORDER OF BUSINESS I WOULD LIKE TO THANK TIM FOR HIS CONTRIBUTION TO THE LOCAL INDUSTRY AND CONGRATULATE HIM ON HIS MANY ACHIEVEMENTS. OUR STATE MEMBERS LOOK FORWARD TO WORKING WITH TIM WHO WILL CONTINUE HIS EFFORTS IN THE ROLE OF VICE PRESIDENT. A new year signals a new board of directors and I welcome the commitment of Erik Adriaanse, Mark Atkinson, Simon Barnard, David Ferguson, Greg Haywood, Stephen Raff and Stuart Mellington.

The agenda for the year ahead features the usual suspects of legislation reform, education, government engagement and consultation within the broader network of owners, tenants, suppliers and developers.

Legislation What state update is complete without a reference to all things legislation? Well, this snapshot in the legislative landscape of the ACT is no different, however by no means is the rhetoric just the regular vanilla serving of “if’s” and “but’s”.

Legislation and regulation is always a hot topic, and review/reform is never far from the collective conscious of the strata community.

Although on this occasion, within the ACT spectrum of Strata Law I would dare to say that circumstances lead a momentum of their own.

Following the completion of the first genuine expression Stratum Title within the ACT in 2014 (Nishi Apartments - a high profile and award winning CBD development), it seems that “sub division in air space” is the subject of the moment for the development community. Many new developments with a similar flavour are in various stages of planning and construction and there is scarcely a strata professional in the local industry (myself included) who is not currently being brought up to speed on the implications of this brave new world of strata management.

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In a maturing market such as Canberra, gone are the days of the suburban town house dominance – with their quaint front gardens and limited disputes of neighbourly misconduct. Now we realise the gamut of mixed use commercial retail operating hours, shared costs of common facilities, building Facilities Management and all range of other complex and widespread considerations.

The positive message is that the breadth and depth of our built environments continues to grow along with needs that sustain our diverse communities. The challenges, on the other hand, present themselves when dealing with the legal framework within which we must now operate.

2014 brought with it many changes including the shuffling of a number of ministerial portfolios. SCA ACT is delighted to work with the Cabinet Minister for Planning Mick Gentleman in relation to these and other exciting opportunities currently facing the local planning and development landscape. We look forward to reporting on our progress in coming publications.

Chris Miller SCA (ACT) President

tasmania STATE

TAS

President's message SCA TASMANIAN REPORT Managers around the state are reporting increased activity levels and we look forward to a year of increased compliant and managed strata’s in our portfolios.

We have also confirmed our Tasmanian Symposium for late October – this time to be based in Tasmania’s north. Please pencil in your diary now for that day and the weekend following.

Many of my interstate associates have fond memories of previous Tas Symposiums and we look forward to your interest and support again.

We particularly look forward to the enjoyable challenge of putting together a memorable program.

Sponsors should indicate interest now to me in the first instance.

Yours sincerely, Michael Steele SCA Tasmanian President info@stratatas.com.au march 2015

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