The QLD
STRATA MAGAZINE DECEMBER 2021
For Insurance, is the Roof Part of the Building? Page 6 | Strata Insurance Solutions
The Best Way to Deal with ‘Problematic Owners’ Page 16 | Strata Solve
Should a BC consider a motion to declare an unknown person ‘an absolute scumbag’? Page 26 | Mathews Hunt Legal
About Us LookUpStrata is Australia’s Top Property Blog Dedicated to Strata Living. The site has been providing reliable strata information to lot owners, strata managers and other strata professionals since 2013. As well as publishing legislative articles to keep their audience up to date with changes to strata, this family owned business is known for their national Q&A service that provides useful responses to lot owners and members of the strata industry. They have created a national network of leading strata specialists across Australia who assist with 100s of the LookUpStrata audiences’ queries every month. Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.
Meet the team
Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013. With a background in Information Management, LookUpStrata has helped Nikki realise her mission of providing detailed, practical, and easy to understand strata information to all Australians. Nikki shares her time between three companies, including Tower Body Corporate in SEQ, and is currently in her third term on the SCA (WA) Education and Professional Development Committee. More recently Nikki has become known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.
Nikki Jovicic Owner / Director
Liza came on board in early 2020 to bring some structure to LookUpStrata. She has a passion for processes, growth and education. This quickly resulted in the creation of The Strata Magazine released monthly in New South Wales and Queensland, and bi-monthly in Western Australia and Victoria. As of 2021, LookUpStrata now produce 33 state based online magazines a year. Among other daily tasks, Liza is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.
Liza Jovicic Sales and Content Manager
Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au
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Contents 04 Connecting People, Creating Communities
22 Does Your Committee Carry Out Regular Walkarounds?
Jake Sharp, MIMOR
06 For Insurance, is the Roof Part of the Building?
Tyrone Shandiman, Strata Insurance Solutions
08 Circulating Breach Notices to All Owners
Will Marquand, Tower Body Corporate
10 If an Owner Submits a Motion, What’s Shown on the Agenda?
Todd Garsden, Mahoneys
12
Is Our Sinking Fund Secure?
Rod Laws, Tinworth + Co
14 Lot Owner Carrying Out Cosmetic Repairs to Concrete Cancer
Frank Higginson, Hynes Legal
16 The Best Way to Deal with ‘Problematic Owners’
Chris Irons, Strata Solve
18 When a Blanket Approval Resolution is No Longer Lawful
Michael Kleinschmidt, Stratum Legal
Charlotte Divall, SSKB
24 Can a Committee Member Copy Lot Owners into Committee Emails?
Karen Thompson, Vision Strata
26 Should a BC consider a motion to declare an unknown person ‘an absolute scumbag’?
Peter Hunt, Mathews Hunt Legal
28 Hotel Guests use my Car Spaces
William Marquand, Tower Body Corporate
30 D efibrillators on Common Property in Strata Buildings
Dakota Panetta, Solutions in Engineering
32 As CCTV footage is a Body Corporate record, how long do we have to keep recordings?
Frank Higginson, Hynes Legal + Chris Irons,
Strata Solve
34 Strata - The Future of Sustainable Living
20 Can We Install a Smart Lock in Our Door?
Stefan Bauer, Fire Matters
Thanks to our sponsors
Connecting people, Creating communities When most people were winding down for the weekend, Jake Sharp would frequently be dealing with last-minute requests to drive across town to ensure building and lift access for new tenants. That was four years’ ago, when Sharp’s cleaning business was responsible for 220 commercial and residential strata buildings, juggling ad-hoc moving requests from building managers and real estate agents. But it was his experience in managing a 187-apartment building, manually updating residents’ contact details and moving schedules, that acted as a catalyst for revolutionising property management systems.
“It was such a disjointed system; none of the individual parties – owners, managers, tenants, real estate agents, cleaners – were clear on the building’s processes and systems, even simple things like who is responsible for replacing a lost key. I just knew there had to be a better way to do it, particularly in this digital day and age,” Sharp said. And so MIMOR – the Move In Move Out Register – was born, an online portal for owners corporation managers, building managers and residents of residential and commercial properties, acting as a centralised hub for building information, alerts and moving procedures. Through MIMOR, residents can create an automated booking to ensure all parties – including cleaners - are informed well in advance of moving day, avoiding calendar double ups and costly delays when removalists are forced to wait to access parking bays and lifts. The MIMOR system is particularly useful for new buildings, streamlining and simplifying the often chaotic settlement and handover period,
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ensuring all parties are privy to the same information and able to share access to moving facilities. “It’s crazy to think that before MIMOR such a stressful process had to be arranged through lots of separate emails back and forth. Often new residents were getting contradictory information, with the real estate agent saying one thing, the OC manager or building manager another. MIMOR removes any ambiguity by detailing all the information required for a stress-free move – right down to lift dimensions so you know if that oversized couch can make the move with you,” Sharp said. MIMOR’s functionality also extends to other information integral to building operations, including owners corporation rules, waste management, power and water utilities, storage facilities, evacuation plans and emergency contacts are centrally located on the platform. As interest from owners corporations and schemes grew, Sharp also added features to manage parcel deliveries and booking of common areas and facilities such as the pool, barbecue or conference rooms.
Building managers can also send emails and SMS alerts to occupants to inform them about maintenance issues, and share announcements via the digital noticeboard, removing the need for unsightly notices in the building entry and other shared spaces. “And owners corporation managers and/or building managers love it because they aren’t having to manage lots of individual questions about processes and building suppliers, and they are able to update information online and notify residents in real time without resorting to putting up notices in the foyer or lift, which are pretty unattractive and often defaced or removed anyway.” Sharp said while some owners corporations were initially reluctant to embrace change, they quickly came to recognise the benefits, quickly rolling out the MIMOR system across other buildings under their management. One early adopter was so impressed that the responsible owners corporation is now using MIMOR across 60 per cent of its Melbourne portfolio.
“The beauty of MIMOR is it works at different levels for different audiences. The residents love it because all the information is located in one central point, everyone abides by the same rules and they can rely on SMS or email for important updates,”
Take the stress out of strata living The pandemic had also proven the need for a central communications hub that can quickly share consistent and reliable information directly with all stakeholders. “Covid is a good example of how the MIMOR system can help to protect tenants’ health and safety by making sure all residents are provided with the latest information with regard to government regulations and how that effects their use of shared facilities,” Sharp said.
“In the case of building lockdowns, the building manager can quickly alert all of the occupants and explain restrictions and procedures. That is a huge help to health officials when you need to work at speed and ensure everyone has the same information and a clear understanding of processes and expectations.” Sharp is also working on translating the information into 10 languages, and will soon launch MIMOR as a mobile app. And while hundreds of
info@mimor.com.au
buildings have already signed up to the system, Sharp sees the potential for further expansion, with annual subscriptions scalable from three apartments to more than 500. “The latest data shows almost 10 per cent of the population live in more than 340,000 strata schemes in Australia. I deliberately created MIMOR to be inclusive of as many of those residents and corporations as possible,” Sharp said.
mimor.com.au
5
For Insurance, is the Roof Part of the Building?
We are trying to figure out if the roof on our building is covered under our building insurance policy.
I am trying to confirm if the “roof” of a strata building is included as part of our Insurance policy which states the definition of “Insured Property” as: Building: Building means building or buildings as defined by the Strata Schemes Management Act, Strata Titles Act, Community Titles Act or similar legislation applying where Your Building is situated. Can you confirming if “roof” is defined as being part of a building?
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The roof, being a permanent fixture, is covered by strata insurance. There are two questions that need to be considered when dealing with roof damage.
Is the roof covered?
The roof, being a permanent fixture, is covered by strata insurance. The basic principle is that if you pick the unit up and shake it anything that falls out is lot owners contents + temporary flooring such as carpet, blinds & curtains, appliances that are not permanently attached, aircon units servicing an individual lot (QLD only).
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
READ MORE ON THIS TOPIC HERE
Other permanent fixtures including but not limited to the roof are covered by strata insurance subject to the policy terms, conditions & exclusions.
Is the event/damage covered?
It is also important to consider whether the event itself is covered. Often, claims related to roof repairs are maintenance issues and the two barriers to cover are: • The insuring clause – the policy provides cover for “sudden and accidental damage”; and • Exclusions – Common exclusions for roofing claims are wear & tear or gradual deterioration exclusion. Damage to roofs by sudden events such as storm, hail & severe wind can be considered.
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Circulating Breach Notices to All Owners
Should details of breach notices (including serious breaches) be circulated to all unit owners either during the year or formally at the AGM? If you had a recalcitrant owner and felt their behaviour may be altered by a more public recording of the notice this could be a reasonable strategy. 8 www.lookupstrata.com.au
There is no requirement to do this and it wouldn’t be common practice. Once issued, the notices become part of the body corporate records and can be accessed the same as other records. However, there is nothing to stop you doing this. If you wanted the notices recorded for a more public effect, it might make sense to record them in your committee meetings. Sending them to all owners is a step further still.
READ MORE ON THIS TOPIC HERE
Probably not necessary in most instances, but if you had a recalcitrant owner and felt their behaviour may be altered by a more public recording of the notice this could be a reasonable strategy. I’d urge some caution though. The type of owners that don’t respond well to breach notices are also the type that won’t respond well to having those same notices sent to all owners. A judgement call may have to be made rather than having a blanket policy.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
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If an Owner Submits a Motion, What's Shown on the Agenda?
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Minutes If an owner submits a motion to the committee with explanatory notes, what must be shown on the committee meeting agenda? If an owner submits a motion to the committee with explanatory notes, what must be shown on the agenda for the committee meeting considering the motion? The full motion and explanatory notes or simply “Owners motion – Lot xx”? What information should be provided in the minutes? We are a Standard Module.
The notice to call a committee meeting must include an agenda stating the substance of issues to be considered at the meeting.
The committee must ensure that full and accurate minutes of its meeting are taken along with a record of motions. The phrase full and accurate and record of motions is elaborated upon at section 71(6) of the Standard Module and includes the words of each motion voted on at the meeting. Accordingly, there is no requirement to include an explanatory note – the requirement is limited to the words of the motion. However, if the committee chooses to include the explanatory note, it must be included in full.
READ MORE ON THIS TOPIC HERE
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
An explanatory note for a committee motion is something that has existed only out of custom as opposed to general meetings which specifically reference the existence of an explanatory note in the legislation.
Agenda
The notice to call a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. The substance does not need to list in full the motions and explanatory note, but the agenda must detail the subject to be covered at the committee meeting. In Coronation Gardens [2007] QBCCMCmr353 the adjudicator relevantly provided: “Fine detail is not required, but enough information for any lot owner to see that a subject in which he or she has an interest will be discussed eg. ‘Lot 12, application for pergola…”
Experts in Body Corporate Law • By law reviews & enforcements • Improvement applications • Lot owner disputes • Debt & levy recovery • BMS & CMS issues • LAAN access notices • Building defects • Assignments & variations • Caretaker performance issues • General advice and disputes Brisbane office L 18, 167 Eagle Street Brisbane Qld 4000
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Is Our Sinking Fund Secure? Our sinking fund account is held by our body corporate manager in their own cash management fund. What guarantees do we have that the sinking fund is secure? We have considerable funds in our reasonably sized scheme’s sinking fund. Our funds are held by our body corporate manager. These funds are in the name of the corporate manager’s own cash management fund. They say the funds are invested in the Bank of Queensland. What guarantees do the residents of our scheme have that the sinking fund is secure? What happens if the manager’s cash management fund makes some bad investments and becomes insolvent? Would it be better to have the funds invested in a bank or a similar large organisation in our own name? 12 www.lookupstrata.com.au
It is quite common for the name of the account to have the manager’s name in it, however, it MUST be in the name of the CTS. Whilst there is no requirement in QLD for a trust account to be used, it is a legal requirement for the CTS funds to be invested in an account in their name – definitely note the manager’s name as this also has tax implications on the earnings. It is quite common for the name of the account to have the manager’s name in it, however, it MUST be in the name of the CTS. If this is indeed the case, I would suggest the owners seek legal advice to avoid any future problems.
READ MORE ON THIS TOPIC HERE
Rod Laws | TINWORTH & CO RodLaws@tinworth.com
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Lot Owner Carrying Out Cosmetic Repairs to Concrete Cancer
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A lot owner carried out cosmetic repairs to concrete cancer in their lot. Years later when the defect resurfaces, is the body corporate still responsible to rectify the defect? A lot owner found concrete cancer on the floor of their lot. Instead of reporting this to the body corporate, they carried out a cosmetic repair. The concrete cancer has now reoccured years later. Is the body corporate responsible for the resulting major repair costs if a new owner has now purchased the lot?
Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au
READ MORE ON THIS TOPIC HERE
The body corporate is ordinarily going to be responsible for the works to repair concrete cancer. I think the starting point is that the body corporate is ordinarily going to be responsible for the works to repair concrete cancer. If an owner did a cosmetic repair, then it sounds to me like the actual issue wasn’t addressed, as much as covered up. That cover up would not ordinarily displace the body corporate’s statutory obligations to be responsible for the issue, but that is a question of degree about how ‘cosmetic’ the repair was. The new owner might have a claim against the old owner with respect to the contract where this issue was not disclosed, but that is between them as buyer and seller – not the body corporate. The other issue is that if it is in one lot it may be in more, so I would suggest its audit time for that issue!
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The Best Way to Deal with 'Problematic Owners'
A problematic owner persistently mails the body corporate manager with questions and requests for information. How do we deal with this? We have a problematic owner who persistently mails the body corporate manager with questions and requests for information. No answer supplied is ever sufficient and every response generates more questions and emails. What is the requirement of the body corporate manager/ the body corporate to respond to emails and requests for records? Can the body corporate manager charge for the provision of these? Who should the charges be billed to? The applicant or the body corporate? 16 www.lookupstrata.com.au
The body corporate manager is not the decision-maker on records requests: the committee is. The first thing you do is not call them a “problematic owner”. It’s a label and does nothing to advance the situation. You may even make it worse by you (and anyone else involved with the scheme) hanging on to that descriptor, even when the owner has a genuine concern. With that in mind, I’m going to answer your queries in two parts. First, some factual responses to your specific queries and then, a more laterally-minded response. If the owner is requesting body corporate records, makes that request in the correct form (in writing, with prescribed fee), then the legislation – and
adjudicators’ orders – make plain that the body corporate must hand over those records. It matters not how many other requests the owner has made and it makes no difference for what purpose the owner wants the record: they’re entitled to it. An exception might be if legal privilege applies. The body corporate manager is not the decision-maker on records requests: the committee is. You can only charge the owner the fees prescribed by regulation, which provides for fees for inspection and copies per page. You are not able to charge the owner beyond that and neither can the committee (there may be some exceptions in relation to downloading records to a hard drive). You cannot, for example, bill the owner for your time in gathering
looking at things such as what you can charge and do you have to give the information.
the records. Depending on the terms of your agreement with the body corporate, you may be able to bill the body corporate for your time – just not the requesting owner individually. Now, the lateral response: Have you or the committee ever paused to ask yourselves why the owner is acting this way? Is there a medical or other issue at play contributing to the behaviour? Or, have you stopped to consider that perhaps the reason why the owner keeps asking for records is because they think they are not being properly informed about what is going on? I guess what I’m getting at is, do you think there might be a cause to this behaviour which is causing you and the committee grief? And if so, can you think about addressing that, rather than
Some further questions to ask yourself: have you or the committee ever attempted a reasoned discussion with the owner to get to the bottom of their concerns (or thought about getting someone to help you have that conversation)? Have you or the committee ever stopped to tally the number of person hours, and associated cost, which has been expended in dealing with this situation? Have you stopped to consider how many other clients you are not servicing because you are spending a lot of time dealing with this person? Is the committee actually getting to all of its other responsibilities, or is all their time being spent dealing with this one owner? I suspect once you do come up with these costs, even if only ballpark, you’ll find the total is considerable, verging
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on astronomical. So maybe, it’s time to approach it from a different angle and actually try to get to the bottom of things to save everyone a lot of time, money and toil. I acknowledge there is a lot here to consider. Maybe you will find it confronting to hear me say what I’m saying. Fair enough. It’s entirely possible I don’t have all the answers. What I do know for sure is that I’ve seen this particular scenario many times in many schemes. In every case, when things were left unaddressed and the core issues are not dealt with, the result is a stressed-out committee, a frustrated manager, an owner who will only persist and a scheme which suffers detriment and disharmony. I invite you and the committee to give some time to thinking about the questions I’ve posed. Perhaps you might see some ways forward.
Chris Irons | Strata Solve chris@stratasolve.com.au
When a Blanket Approval Resolution is No Longer Lawful
Keeping up with changing times - solar
A previous blanket approval for solar clashes with our energy provider’s 30kw limit. Should we rescind the blanket approval? In 2009 a Blanket Approval for the installation of solar panels was approved at an AGM. We have reached the limit of 30kW allowed by the energy provider for our complex. Can the committee rescind the blanket approval or does it have to be voted on at a General Meeting?
Rather than proposing a motion to revoke the blanket approval resolution, a more prudent approach is to formulate and propose either a new regulating resolution, or even better, an appropriate by-law. As a general rule, the committee is obliged to put into effect the lawful decisions of the Body Corporate; section 101(2) of the Act. Let’s assume that the ‘blanket’ approval motion was lawful at the time it was made and it allows lot owners to install on a first in, best dressed basis. The issue at present then, is most 18 www.lookupstrata.com.au
likely that the blanket approval now permits something that is no longer lawful; because the 30kW limit has been reached. This sort of thing happens more frequently than most people realise; for example consider the changes to rules relating to smoking, fire alarms and pool fencing in the last 24 years since the Act was introduced. In this case, if our assumptions are correct, the net effect is likely that owners wanting to now install solar, can no longer rely on the blanket approval as authority to install. Of course they may not know that, and a prudent committee would let them, and indeed all, lot owners know the limit has been reached. Rather than proposing a motion to revoke the blanket approval resolution, a more prudent approach is to formulate and propose either a new regulating resolution, or even better, an appropriate by-law. For example, if an old solar system is decommissioned, who can install a new one; first in best dressed, or cab rank rule? Likewise, has the body corporate considered if the hard limit of 30kW is not as hard as they may think (battery stored and not grid connected?)
READ MORE ON THIS TOPIC HERE
Michael Kleinschmidt | Stratum Legal info@stratumlegal.com.au
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Can We Install a Smart Lock in Our Door? 20 www.lookupstrata.com.au
After installing a smart lock device to our main apartment access door, we discovered the installation was not allowed. Is there a good work around for the building manager? We fitted a Smart Lock device to our access door for our apartment. The smart lock allows us to access the door using a pin code, swipe card or key.
A month after install, we discovered we are not allowed to fit anything to the door as it is classed as an egress fire door. We’ve offered to give the Building Manager a key or to modify the device to allow anyone holding the master key to gain entry. The locking device is fire rated. Is this work around acceptable? The Building Manager is concerned.
Electronically locked doors must have a manual push-button release at the door which should be labelled “Emergency Door Release”. Any door in the egress path within a building must be openable without a key from the internal side using one device that can be operated by one downward or pushing action using one hand.
There are locks available that still restrict access entering the building but are openable via lever action from the inside. These types of locks are the most commonly used in these situations. Electronically locked doors must have a manual push-button release at the door which should be labelled “Emergency Door Release” to release the door. In some instances where a smoke detection system is installed, the electronically locked doors are interfaced with the detection system and released upon alarm activation. These are the only available option within the Building Code of Australia. Final, exit doors in a building are unlikely to be fire doors so the door hardware does not need to be fire rated.
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Stefan Bauer | Fire Matters sbauer@firematters.com.au
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21
Does Your Committee Carry Out Regular Walkarounds? Checking on unapproved renovations In our building, there are many instances where improvements have been done on common property without approval. How do we manage this? The prior owner installed an air conditioner servicing only my lot on a common property wall. The Body Corporate committee minutes do not have any record of approval for this installation. There was no mention in the sales contract of the improvement/installation or that I was responsible for rectifying any issue associated with this modification.
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Who is responsible for the maintenance of that air conditioner on the common property? Is there something I could have done prior to purchasing the unit that would have alerted me to this situation? Why didn’t the selling agent notify me? There are many other examples of improvements on common property like this throughout the building. Most of the lots are rented and the committee just lets people do what they want. There is no follow up to ensure the correct processes have been undertaken, no record of applications for improvements. What do we do to rectify this situation so the changes that have been made to the complex are either recorded properly or rectified? Do we need to have a report or inspection done?
The committee could do a walk around to review current improvements and cross check the records. Some committees are very proactive and will act on non-compliance with by-laws, such as an air conditioner installed on common property without approval. However, some are not. Also, they may not be aware of the issue, particularly if they do not live on site. As the air conditioner is for your unit, then yes, you are responsible for it. You may wish to send an application for approval to the body corporate, which should then be on the records as an improvement to common property. If you have an interest in what is happening in your scheme you may wish to nominate for your committee and be a pro-active member. The committee could do a walk around to review current improvements and cross
check the records. It would be good for them to communicate with the residents on the particular by-law requirements and ask that residents send in applications for approval. ou can also communicate this to your current committee. You do have an option as an owner to request the body corporate to enforce the by-laws on a particular occupier for a particular breach. This is done via a BCCM Form 1, the process and form can be found on the website of the Commissioner for Body Corporate and Community Management. It is important to note that committees who focus on engaging ALL residents can go a long way to transforming a building into a harmonious place to live.
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Charlotte Divall | SSKB cdivall@sskb.com.au
23
Accessing Committee Correspondence Can I copy lot owners into committee emails?
As a newly appointed committee member, can I include other non committee lot owners in my correspondence with the committee? I am a recently appointed committee member who has included other residents on email questions and discussions to the committee. I have been told to desists involving other residents in my correspondence. Am I within my rights to include non-committee members in correspondence to the committee. 24 www.lookupstrata.com.au
Committee members need to be careful in regard to how and what information they distribute in their elected capacity. Firstly congratulations on taking an interest in your body corporate by nominating for a position on the Committee. I would be interested to know your reasons for copying in non-Committee members into committee communications. However, as I can only answer on the information provided I would say that Committee members need to be careful in regard to how and what information they distribute in their elected capacity.
There is a Code of Conduct for Voting Members of the Committee, that states, among other things: • A Committee member must not unfairly or unreasonably disclose information held by the body corporate, including information about an owner of a lot, unless authorised or required by law to do so.
While your intentions are more than likely for the best, you should remember that as an elected member of the Committee you must work fairly and reasonably with your fellow Committee members. The Committee may want to set a Communication Protocol that all Committee members are clear on and adhered to. I hope this information is of assistance.
• A committee voting member must act in the best interest of the body corporate in performing the member’s duties as a committee voting member. The Body Corporate and Community Management Act and associated Regulations, that apply to each scheme, prescribe how owners are able to obtain copies of body corporate records. Correspondence between Committee members, about body corporate matters, are a record of the body corporate and should be filed as such. This makes them available to owners to view upon payment of the prescribed fee.
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Karen Thompson | Vision Strata contact@visionstrata.com.au
When a Committee is elected, it is done so to get on with the job of managing the Common Property and attending to the day to day administration of the body corporate, this is done on behalf of the other owners. While owners are entitled to attend Committee Meetings, they are there as observers only and cannot address the meeting unless invited to do so by the Chairperson. So interested owners are able to observe the Committee’s processes at meetings. Coping owners into Committee communications may not be in the best interest of the Body Corporate. As a member of the Committee, there is no reason why you cannot, as an individual, seek the input of owners on certain matters. However emails between members of the Committee would be best kept as that, between the Committee. 25
Should a Body Corporate consider a motion to declare an unknown person ‘an absolute scumbag’?
Should a Body Corporate consider a motion: 1. To declare an unknown person ‘an absolute scumbag’? 2. To ask a wife if she is proud of her husband? 3. To provide guidance to an unknown individual?
This was one of the more interesting matters we conducted this year. The motions
An owner submitted 9 motions for consideration at the annual general meeting, in 3 main categories: 1. to have unknown person or persons declared ‘absolute scumbags’ for interfering with his property. The motions required an unnamed person/s to be declared an absolute scumbag for: • leaving a can on his lawn; • leaving a rubber snake in his letterbox; • leaving unwanted items in his mailbox; • and placing large rock in his driveway;
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2. to obtain a resolution as follows: • ‘That the Body Corporate provides guidance to whoever responded to my correspondence by writing to me telling me that I am insignificant. Note: the mere fact that you write to someone telling them that they are insignificant means they are indeed not insignificant’; and 3. to condemn the actions of known persons who allegedly offended him. The following motions were submitted: • ‘That the Body Corporate condemn the actions of Mr A who placed a hose between his legs as if it was a penis and gyrated his body, toward Mr and Mrs C from Lot 6 as they drove past, as if he was masturbating.’ • ‘That the Body Corporate asks Mrs A whether she is proud of her husband performing above actions and if so, would she appreciate it if other male persons did the same she passed them.’ • ‘That the Body Corporate condemn the actions of Mr A who attempted to intimidate Mr B when he drove into the estate on 29th June 2020. Mr A picked up a rock from the pile of rocks outside lots 3 & 4 and actioned as if he was going throw it at Mr B as he drove past.’
• ‘That the Body Corporate show concern over the mental well being of Mr A as he is clearly unable to control his emotions and lacks self control. Mock Masturbation and attempts at intimidation are clearly not the actions of a rational individual.’
The Chair’s role and decisions
The Regulations compel a Chair to declare a motion out of order if it conflicts with legislation; the by-laws; or another resolution; or if unlawful; or unenforceable. The Chair ruled the motions out of order on the basis that they were unlawful and unenforceable. The decision was not challenged at the meeting. The owner then subsequently sought to over-turn the Chair’s decision, arguing that: 1. he should be able to publicly shame the alleged perpetrators; and 2. a motion should not be ruled out of order for simply being unenforceable. The owner queried whether a motion to thank an unknown person for cooking a cake, would also be ruled out of order, and if not, why is it different to his motions.
READ MORE ON THIS TOPIC HERE
The Adjudicator
The Adjudicator held that the motions were correctly ruled out of order by the Chairperson. In reaching this conclusion, the Adjudicator relevantly stated: • ‘The purpose of a general meeting is to consider the business of the body corporate, related to its functions. It is not the proper business of a general meeting to engage in point scoring, fuel interpersonal conflict and personal vendettas, or vent an owners opinions or feelings.’ • ‘I consider it inappropriate of the applicant to be wasting the time of the body corporate by submitting unseemly and childish motions that do not propose any substantive action and are completely unrelated to the proper business or functions of the body corporate.’ A costs order was made against the owner. Not surprisingly, this was not the owner’s first application that had been dismissed.
Peter Hunt | Mathews Hunt Legal peter.hunt@mathewshuntlegal.com.au
27
Hotel Guests use my Car Spaces
28 www.lookupstrata.com.au
Hotel guests in our building are forever parking in my convenient car spaces. It’s got to the point that I’m reluctant to go out! Help. I live in an apartment block that has a mixture of residents and hotel guests. My two car spaces are directly in front of the elevators and hotel guests find it convenient to park there instead of their allocated parking spot. I have approached Body Corporate and hotel management to rectify the problem, but I feel their efforts are shortcuts or bandaid solutions only. It is causing me inconvenience, stress, and I am anxious to take the car out because I do not know what to expect on my return. Am I delusional in thinking I can sue for damages to my health and well-being? I am becoming desperate.
Ask whether your car spaces can be moved. As a body corporate manager, we can’t comment on the merits of any case where you sued the body corporate for stress but it would be an interesting case to see. If you won, it might change the way the whole industry was run and many people encounter levels of stress when dealing with how body corporates operate. From a manager’s perspective, there are some more practical options that can be considered. Firstly, you might ask whether your spaces can be moved. If we assume other owners will be unlikely to want to change with you and that there is no space to create new spaces this likely means checking if your spaces could be swapped with some of the visitor’s spaces. If that was practical, you then need to enter the legal process of having the property transferred.
This can be expensive, as to transfer the visitor’s spaces to you while taking possession of your spaces, the body corporate needs to hold meetings to approve the proposal (hopefully owners would agree), have new documents recording the ownership drawn up, have the documents registered and so on. Legal representation will have to be engaged throughout the process. There is a mechanism to do it, but almost invariably the question comes down to who pays? The body corporate won’t want to as it won’t receive any benefit from the works so usually, the costs fall on the owner. If you are prepared to cover this then this may be the best method for you. Otherwise, it is a matter of how the spaces can be better controlled so that only you can access them. Clear marking and signage is a start point, but they don’t always work. Folddown bollards may be a bit of a pain to use but they will help protect your spot – is there a reason they can’t be installed? Sometimes the solution can be as simple as putting cones in when you are not using the space. There is no definite answer but with some trial and error, you may find a solution. If you are not getting much help from the body corporate managers or hotel owners it can be helpful to come to them with your preferred solution first rather than just asking ‘what can I do?’, they may reject your solution but in that circumstance, they should give you a reason why and hopefully an alternative for you to consider. You have to bear in mind that it may not be possible for you to get to your ideal situation so in that case, you have to try and reach the most practical solution available.
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William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
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What Do We Need to Know Before Getting
a Defibrillator? Q
A
We would like to have a defibrillator in a common area in our strata building. What legal or other issues do we need to be aware of? There are very few concerns with having an AED installed on common property.
With over 30,000 sudden cardiac arrests each year, it is not a surprise that the question of installing these life saving devices has arrived at the Strata doorstep. Automatic External Defibrillators (AED) are designed to deliver a shock to the heart to return it to a normal rhythm. A defibrillator does not restart a heart once it has completely stopped but rather detect and treat (with electric pulse) an irregular heart rhythm commonly associated with sudden cardiac arrest. With nearly 60 Australians dying each day from abnormal heart rhythms (arrhythmias), the AED truly is a lifesaving device. Outside of a hospital, survival rates from sudden cardiac arrest are 10%. The presence and correct use of an AED can increase a person’s chance of survival to 70%. A person has the best chance of survival if a defibrillation shock is delivered within 3-5 minutes of them collapsing. That is certainly not enough time for an ambulance to arrive, but plenty of time for you to run to common property and grab the AED. 30 www.lookupstrata.com.au
These devices SAVE LIVES As with anything new brought into the realm of community/strata living, we must always consider legal ramifications and practicality. Thankfully, in terms of risk management, there are very few concerns with having an AED installed on common property. The (certified) devices are all designed to only provide an electric shock on a heart that is experiencing irregular rhythm. An AED will NOT deliver a shock to a healthy heart or to a completely flatlined heart. So, the risk of accidental electrocution is near non-existent. Manufacturers and installers of these devices record very few tampers or vandalism issues even with devices left out in national parks and beaches. Having these devices fitted inside an alarmed cabinet also deters any tamper from residents, visitors and particularly children.
There are currently no regulations that a committee must follow when installing one of these devices, simply a minor maintenance routine. We would strongly suggest that members of the committee (and any residents willing) complete a short training course on how to use an AED. An AED is simply another piece of first aid equipment that most first aiders can utilise to save a life. Maintenance requirements are very minimal, the device simply needs to be tested (turned on) at a minimum of 12 month intervals and a light is displayed throughout the year showing it is operational. The batteries vary in their life expectancy with most having a 3- 5 year lithium battery fitted. Simply install the device in easy view of a path of travel (ideally the building entrance or pool area), advise all residents of its purpose and location and check it each year. I think we will soon see the AED a common place item in our strata buildings with South
Australia currently in the process of passing a bill that will see AEDs MANDATORY in all commercial schemes and in all residential schemes of 10+ lots. No doubt, the rest of Australia will follow suit in time. Thankfully, in most states, the installation of these devices could be funded through the Sinking Fund/ Capital Works Fund meaning you likely won’t need to levy owners any additional monies to provide this life saving device. Such a simple decision to install an AED on your common property WILL mean the difference between life and death when a resident or visitor suffers a sudden cardiac arrest. It may be a mum that has tripped down the stairs and hit her head whilst taking the kids to school. It may be the tradesperson that falls off the ladder. It may be the lovely old dear who lives in unit 3. At some point, this device will save a life, it may even be yours!
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Dakota Panetta | Solutions in Engineering dakotap@solutionsinengineering.com
31
As CCTV footage is a Body Corporate record,
how long do we have to keep recordings?
Our CCTV policy states that request for access to footage must be received within 7 days, otherwise we override the footage. Is this compliant? Our current CCTV system has an overriding cycle of seven days. Our published and available policy states residents and guests need to ask for footage within seven days, after which a copy will be made for their viewing indefinitely and kept on record. Does this make us compliant with BC record legislation? Or do we have to start archiving weeks of essentially nothing?
Seven days is not long enough. Chris Irons, Strata Solve: This comes back to the purpose of ‘why’ again, and if you instal CCTV, come back to the point I made earlier, you’ve got to expect that at some point, access to it will become an issue. 32 www.lookupstrata.com.au
So from the body corporate perspective, if you’ve got the CCTV there and somebody wants it, they want it for a reason. Writing over means that will not be available. The question ‘Are you being compliant that way?’, well the legislation in Queensland has not specified something about footage, it certainly has specified the length of time of record that needs to be kept, hasn’t it Frank? Frank Higginson, Hynes Legal: I think it’s six years, isn’t it? Chris Irons, Strata Solve: Yeah. Six or seven? Frank Higginson, Hynes Legal: Yeah. I’m just trying to look up the legislation now. That is a really interesting question, that one. I suppose this then is almost coming back to what’s acting reasonably as well. But that’s a really interesting question. I would say, gut feel, that seven days is not long enough. That would be my immediate take
on it. Particularly with the technology that’s available today, in terms of keeping stuff in the cloud etc. I think you’ve probably got the ability to get to 30 or 60 days without much difficulty, and probably without much corresponding cost to start with. Seven days might only just be enough for you to realise that something’s actually happened and you need to request that footage. So you don’t automatically know about something that’s gone wrong to you that happened yesterday. You might find out in six weeks for whatever reason. Keeping the footage for longer than seven days, I think is not unreasonable. But I think keeping it for seven years. I mean, I don’t know. That’s a really, really interesting question in terms of the statutory obligation versus what’s acting reasonably. Chris, you gave the example before about someone asking for $10,000 worth of information. That’s a problem for Mr or Mrs Requester, to figure that out and fund it. If it’s gonna cost the body corporate 10s of 1000s of dollars to keep seven years worth of footage, then I don’t think that’s necessarily reasonable, but more than seven days is not unreasonable.
Chris Irons | Strata Solve chris@stratasolve.com.au
Chris Irons, Strata Solve: What if it’s the police who want that footage in more than seven days time and they’re investigating a serious crime, and it just so happens that your footage is going to be central to that? Are you going to feel comfortable saying ‘I’m sorry, we overrode it after seven days’? I’m not sure that you would feel comfortable. Frank Higginson, Hynes Legal: I’ve just looked up the legislation in relation to records. Documents may be disposed of (documents – we don’t have digital documents yet), the following documents may be disposed of two years after their creation: • correspondence of no significance or continuing interest. I’d respectfully submit that certainly CCTV footage 2 years later that hasn’t been called on definitely falls within that. So, it’s no more than two years. But whether you have to keep it for two years is then the next question, but I don’t think it’s seven.
READ MORE ON THIS TOPIC HERE
Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au
33
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ANTENNAS Install My Antenna
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EDUCATION & TRAINING LookUpStrata
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Seymour Consultants
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Palmer Acoustics
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Leary & Partners
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QIA Group
Compliance Made Easy P: 1300 309 201 W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au
Quality Building Management
keeping your buildings legally compliant and safe P: 1300 880 466 W: https://qbm.com.au/ E: qbm@qbm.com.au
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Property Safety Services
Your compliance needs, your way P: 0414 558 222 E: contactus@propertysafetyservices.com.au
Forte Asset Services
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Sedgwick
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Core Project Consulting
Delivering 360° engineering solutions for strata P: 02 8961 3250 W: https://core.engineering/ E: admin@core.engineering
Mabi Services
Asbestos, Safety & Building Consultants P: 1300 762 295 W: https://www.mabi.com.au/ E: cinfo@mabi.com.au
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INSURANCE Strata Insurance Solutions
STRATA LAWYERS Mahoneys
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Body Corporate Law & Dispute Resolution Experts P: 07 3007 3777 W: www.mahoneys.com.au/industries/bodies-corporate-strata/ E: info@mahoneys.com.au
Whitbread Insurance Brokers
Hynes Legal
Empower Your Vision P: 1300 424 627 W: https://www.whitbread.com.au/ E: info@whitbread.com.au
We are different. P: 07 3193 0500 W: https://hyneslegal.com.au/ E: frank.higginson@hyneslegal.com.au
QUS Pty Ltd
Cannon + Co Law
CHU Underwriting Agencies Pty Ltd
Bugden Allen Graham Lawyers
Strata Community Insurance
Mathews Hunt Legal
Protection for your strata property. And you. P: 1300 724 678 W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au
BODY CORPORATE LAWYERS... EXCLUSIVELY P: 07 5555 8000 W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au
Flex Insurance
Stratum Legal Pty Ltd
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The Experts in Strata Finance P: 1300 785 045 W: https://www.strata-loans.com/ E: info@strata-loans.com
Lannock Strata Finance
The Leading Strata Finance Specialist P: 1300 851 585 W: https://lannock.com.au/ E: strata@lannock.com.au
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Grace Lawyers
Know. Act. Resolve. P: 07 3102 4120 W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au
Holman Webb Lawyers
Body Corporate and Strata Dispute Experts P: 61 732 350 100 W: https://www.holmanwebb.com.au/ E: contact@holmanwebb.com.au
CONSULTING Strata Solve
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Untangling strata problems P: 0419 805 898 W: https://stratasolve.com.au/ E: chris@stratasolve.com.au
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STRATA MANAGEMENT Tower Body Corporate
Your Building Matters P: 07 5609 4924 W: https://towerbodycorporate.com.au/ E: info@towerbodycorporate.com.au
CLEANING Pacific Facility Services
Strata Property Cleaning & Ground Maintenance Services
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Bright & Duggan
Ai Odour Control Systems
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Civium Communities
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Northern Body Corporate Management
Specialist Body Corporate Management for North Queensland
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Network Pacific Strata Management
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Bryant Body Corporate Management Not All Agents Are the Same! P: 07 5437 7777 W: https://www.bryantstrata.com.au/ E: peterbryant@bryantstrata.com.au
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Actualise your facilities’ potential P: 1300 728 760 W: https://www.aiodourcontrolsystems.com.au/ E: info@aiodourcontrolsystems.com.au The Bin Cleaning & Hygiene Professionals P: 1300 651 165 W: https://www.ozbincleaning.com.au/ E: penny@ozbincleaning.com.au
DEFECT RESTORATION Building Rectification Services
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Johns Lyng Group
24/7 Response P: 1300 736 000 W: https://www.johnslyng.com.au/ E: strata@johnslyng.com.au
STRATA REPORTS BIV Reports
Specialist in Strata Compliance Reports P: 1300 107 280 W: https://www.biv.com.au/ E: biv@biv.com.au
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INVESTMENT SERVICES Strata Guardian
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ELECTRICAL Altogether Group
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Energy On Pty Ltd
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EDSI Solutions
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ENM Solutions
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FIRE SERVICES Fire Matters
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Hartec Fire Systems
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Simpli Fire Consulting FREE Evacuation Diagram Review with Every Fire System Audit
P: 0439 100 286 W: https://simplifire.com.au/ E: campbell@simplifire.com.au
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CLOTHES LINES Lifestyle Clotheslines
Clothesline and washing line supplier & installer P: 1300 798 779 W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au
PAINTING Higgins Coatings Pty Ltd
Specialist painters in the strata industry P: 1300 HIGGINS W: https://www.higgins.com.au/ E: info@higgins.com.au
Enterprizing Pty Ltd
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Dulux Property Services
Total Building Maintenance & Remedial Solutions P: 0434 834 799 W: https://www.duluxconstructionsolutions.com.au/ E: propertyservice@dulux.com.au
Calibre Coatings
Painting Solutions P: 0423 800 153 W: http://calibrecoatings.com.au/ E: grant@calibrecoatings.com.au
WATERPROOFING The Superseal Group
Trusted Experts in all aspects of Waterproofing P: 07 5519 4916 W: https://supersealgroup.com/ E: admin@supersealgroup.com
WINDOWS & DOORS Windowline Pty Ltd
Australia’s strata replacement window & door specialists
P: 02 8304 6400 W: https://windowline.com.au/ E: info@windowline.com.au
PLUMBING Fair Water Meters
Fair water - fair bills P: 1300324701 W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au
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SUSTAINABILITY & ENERGY Humenergy
People, innovation and value sharing P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au
The Green Guys Group
Australia’s Leading Energy Saving Partner W: https://greenguys.com.au/ E: sean@greenguys.com.au
LIFTS & ELEVATORS Equity Elevator Consultants
Saving our clients time and money P: 1300 080 816 W: https://www.liftsconsultant.com/ E: enquiry@equityelevator.com.au
Innovative Lift Consulting Pty Ltd
Australia’s Vertical Transportation Consultants P: 0417 784 245 W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au
SAFETY & SECURITY Pacific Security Group
Experts in electronic security since 2005 P: 1300 859 141 W: https://www.pacificsecurity.com.au/ E: operations@pacificsecurity.com.au
RECRUITMENT SERVICES sharonbennie – Property Recruitment
Matching top talent with incredible businesses P: 0413 381 381 W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au
MARKETING Marketing for Strata
Building Brand Authority & Thought Leadership P: 61 425 232 394 W: https://www.marketingforbusiness.com.au/ E: janette@marketingforbusiness.com.au
Would you like your Strata Story featured in the next edition of The QLD Strata Magazine? We want to share your strata stories with the LookUpStrata community. Some examples of what you may wish to share: • A project you have implemented in your complex that has made a positive impact (e.g a process, community building activities, parking procedure, ect) • Do you have a funny story to share about strata living? • Have you received a response back from one of the LookUpStrata professionals • that has positively impacted you or your complex? • Have you made a change to improve sustainability? (e.g installed solar, swapped over to LED lighting, reduced waste?) • You could even share a photo of the view from you balcony or catching up with neighbours for a coffee. If you would like to share your strata scheme story with the LookUpStrata community, Please send your story and photos to: administration@lookupstrata.com.au
Disclaimer: If you send your strata story to administration@lookupstrata.com.au, you are agreeing to have your story published on the LookUpStrata platform or via social media. We must have written permission from each individual shown in the photo. Submissions may be refused for any reason.
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