The WA Strata Magazine | June 2022

The WA

STRATA MAGAZINE JUNE 2022

Lodging a construction defect in a 10 year old building Page 10 | Sedgwick

COO member harassed by residents Page 24 | Strata Solve

Authorisation for expenditure over budget in emergency situations Page 30 | Realmark

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 4 Lot owner claims against strata insurance Tyrone Shandiman, Strata Insurance Solutions

6

MIMOR Conquers Communication Challenges MIMOR

8 Convincing lot owners of the importance of a healthy sinking fund

20 Can the repair of paint bubbling be claimed under our strata insurance?

Tyrone Shandiman, Strata Insurance Solutions

22 When to submit items to be included on the AGM agenda Brian Rulyancich, STRATATAC

24 COO member harassed by residents

Tim Fuller, Strata Guardian

Chris Irons, Strata Solve

10 Lodging a construction defect in a 10 year old building

26 Procedure for setting a council meeting

James McIntosh, Sedgwick

Shelley Fitzgerald, Strata Alliance

12 Managing defects, maintenance and insurance

28 Easy (and budget friendly) ways to greener strata

PCS Property Lync Insurance Brokers

14 Is my antenna and air conditioner strata’s responsibility?

SCA (WA)

30 Authorisation for expenditure over budget in emergency situations

Shane White, Strata Title Consult

Luke Downie, Realmark

16 New WA asbestos obligations

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The WA LookUpStrata Directory

QIA

18 Can I get a dog without applying for approval?

Luke Downie, Realmark

Thanks to our sponsors

Lot owner claims against strata insurance

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Q

Can a lot owner lodge an insurance claim against the Strata Company insurance policy without approval from the Strata Council?

We were under the impression that a claim needs to be approved by the Strata Company prior to lodgement so the Strata Company may exercise their option to pay for damages and not claim against the policy.

Our Strata Council has been told any lot owner can lodge a claim. The Strata Council is concerned that excessive claims could jeopardise our policy and result in higher excesses and premiums.

A

A lot owner who has contributed to insurance premiums for a policy covering property they own can demonstrate an insurable interest in the policy.

Generally speaking, a lot owner who has contributed to insurance premiums for a policy covering property they own can demonstrate an insurable interest in the policy. This means in instances where there is a disagreement

between the owner and committee over whether a claim should be lodged, an insurer may give precedence to insurable interest over committee expectation.

The committee can dispute the lodgement of the claim, but we believe ultimately the owner’s insurable interest will prevail over the committees express wishes.

The Strata Titles Act sets in place a requirement for the strata corporation to insure assets defined in the Act. It does not give the strata corporation the ability to choose which claims are lodged, nor does it give the strata corporation the ability to deny an owner from accessing a policy they are insured by.

Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au READ MORE HERE

5

Mimor Conquers Communication Challenges COMMUNICATION FEATURE In a digital age when a laptop, mobile phone or smart watch are always within easy reach, relying on notice boards or snail mail to communicate seems a little outdated, not to mention unreliable.

Australian entrepreneur Jake Sharp was of the same opinion when he created MIMOR, a one-stop shop to overcome strata-living sticking points. The digital platform acts as a central information and communication hub for residents and building managers and service providers, comprising vital building information, moving processes, procedures for managing parcels and booking common areas, and general announcements.

Central to MIMOR is it’s function as a real-time communications channel, sharing alerts and reminders with residents via SMS and email. No more unsightly notices in the foyer or lift; no more worrying if messages have been read; and no more multiple calls to the building manager from residents asking the same questions.

Instead, messages can be shared with hundreds of people instantaneously, keeping residents up to date about important news or events that can impact amenity, whether its lift maintenance, hard rubbish collection or a change to gym hours.

“Printing posters and sticking them around the building is an inefficient use of time and no guarantee that the information will reach everyone,” Sharp said.

“MIMOR makes communicating with owners, tenants, building managers and owner corporations so easy and guarantees reach to hundreds of residents or a private message to just one person.

Having capacity to disseminate information quickly and in a targeted manner is particularly important in the time of a pandemic, where restrictions can change at a moment’s notice.”

MIMOR also streamlines communications regarding moving processes, with residents able to book online their preferred date and time, with the confirmation email outlining procedures for parking and use of lifts.

The MIMOR platform also hosts a wide range of building information, such as gas connections, electricity suppliers, water rates, and emergency

info@mimor.com.au

mimor.com.au

contacts and evacuation plans, and can manage parcel deliveries.

The addition of the common area booking function avoids potential for overcrowding and ensures residents can access facilities.

“Removing common friction points and maintaining clear communications is essential to creating a harmonious environment, where everyone understands and abides by the same rules,” Sharp said.

MIMOR subscriptions are scalable, from three apartments to more than 500, with the platform currently being translated into 10 languages and soon to launch as a mobile app.

For more information, go to

mimor.com.au

Convincing lot owners of the importance of a healthy sinking fund

How do you persuade a reluctant strata committee and lot owners that we need to increase levies to build a healthy sinking fund?

How do you persuade a reluctant strata committee that we need to increase quarterly levies or raise a special levy to build up a very low sinking fund? What tips can you give to help the community to convince lot owners to get an unhealthy fund back to a healthy balance?

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Lower levies may be more money in your pocket right now, but is that always the case at the other end?

Show them our recent video: A Healthy Sinking Fund Means Healthy Property Values. Hopefully, this will get lot owners and committees talking about what happens when things go wrong and talking about what happens if we haven’t got enough in the sinking fund and something happens.

There is always scheduled, or unscheduled, maintenance that needs to happen. If there are no funds available for these works, is everybody happy with a large one-off or what could be ongoing special levies, increases or loans to meet that necessary expenditure? The money has got to come from somewhere.

If the work has to do with safety, it could be a huge priority that needs to be done with little or short notice. It may not be able to be put it off. Lower levies may be more money in your pocket right now, but is that always the case at the other end?

Tim Fuller | Strata Guardian contact@strataguardian.com READ MORE HERE

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Lodging a construction defect in a 10 year old building

Q

After living in my 10 year old property for 6 years, I’ve only recently discovered a flashing defect caused during construction. As I’m well outside 6 years after notice of completion, what chances do I have if I lodge a complain with the building commissioner in WA?

A

You would need to demonstrate that water was entering or causing structural damage shortly after your purchase.

Yes, the time elapsed does pose some problems for an Owner to pursue this. You would need evidence that you experienced damage within 6 years from construction, so if you bought the home approximately 6 years ago and the property was circa 4+ years old at that time, you would need to demonstrate that water was entering or causing structural damage shortly after your purchase. The fact you only became aware of the flashing defect 3 months ago won’t be sufficient (on a 10-year-old site) in pursuing the Builder or a defect under a warranty scheme. It is worth engaging Legal opinion on this.

James McIntosh | Sedgwick james.mcintosh@au.sedgwick.com READ MORE HERE

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Supporting Owners and Strata Managers with tailored remediation and repair solutions

B U I L D I N G C O N S U LTA N C Y

R E PA I R S O LU T I O N S

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Defect reports & forensic engineering

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Emergency make safe

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Scope of works

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Fire water damage restoration

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Dilapidation & risk surveys

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Leak detection

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Dispute mediation and expert witness

•

Contamination response

•

Contractor procurement and cost validation

•

Building repairs

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Construction management

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Cost validation services

•

Capital Works Funds/Maintenance Plans

•

Digital Capability

•

Digital Capability

1300 735 720 sales@au.sedgwick.com

1300 654 599 sales@au.sedgwick.com

MANAGING DEFECTS, MAINTENANCE & INSURANCE An important risk management aspect for the Strata Company is the management of maintenance defects and new building defects.

This is important not only for keeping the overall strata building in good order, but also to ensure they can obtain strata insurance.

The introduction of 10 year plans for maintenance for defined Strata’s within WA’s Strata Titles 1985 (STA), puts focus and attention on maintenance that is required for short, medium and long term. The purpose of the introduction of maintenance plans was firstly to ensure that strata buildings were maintained in an ongoing manner and thus protecting the investment of the Lot Owner, secondly to improve the current condition of strata buildings over longer periods so strata & Lot Owners weren’t faced with hefty expenses all at once and lastly to assist with identifying & funding maintenance defects as they arise in the future.

1300 127 503 I info@lyncinsure.com.au lyncinsure.com.au 12 www.lookupstrata.com.au

For some Strata complexes, these 10 year plans discovered some major issues that were deemed urgent and repairs were to be undertaken immediately whether that be by strata or the Lot Owner. Other less urgent defects were noted in the plan for future attention.

An evolving trend is where claims occur and the insurer is now asking for a copy of the 10 year plan.

Insurers are asking for these plans as they want to determine whether the claim at hand is a known maintenance defect.

Similar to maintenance defects, new buildings with identified defects and within the defects liability period, insurers are also questioning their risk appetite to insure these buildings, where the defects have remained un-repaired or attended for a significant amount of time and they don’t know about it. A Strata Company may proactively work closely with the builder to get them fixed, but in some cases the Strata Company ends up having to fix the known defects themselves after spending years trying to extract from the builder to make good.

The management of all defects whether they are maintenance of an old building or those of a new building are important from the outset and equally is adopting a plan B, should the first plan be unsuccessful. They both require a proactive risk management approach to help avoid insurance related renewal issues, such as an insurer declining to insure. Further, defects are a disclosable matter to strata insurers, so ensuring transparency with your insurer is always the best policy.

One of the risks to a Strata Company is an Owners unlimited liability exposure, so it is imperative the strata does maintain its insurance cover, despite the defects at hand. Further, the STA section 97 states you must have required insurance, which includes legal liability not less than $10million limit. This also becomes an issue if insurers decline to insure as the Strata Company is then unable to fulfil its obligations by law.

General Disclosure; This article is prepared for informational purposes only, and is not insurance, financial or legal advice and should not be relied on as insurance, financial or legal advice. You should consult with a qualified insurance or legal advisor. PSC Property Lync Insurance Brokers is an Authorised Representative (AR 1235681) of Professional Services Corporation Pty Ltd (AFSL 305491).

1300 127 503 I info@lyncinsure.com.au lyncinsure.com.au 13

Is my antenna and air conditioner strata’s responsibility?

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Does my antenna and the exterior part of my air conditioning unit belong to strata? Who is responsible for the maintenance?

Does my antenna and the exterior part of my air conditioning unit belong to strata? Who is responsible for the maintenance of these items? These two items were damaged in a storm, but my strata manager thinks it’s my responsibility to repair.

It will be dependent on where the boundaries are on this particular strata scheme, whether the boundaries go to the external surface plus attachments or if they are the internal surfaces of the walls, floor and ceiling.

There are two parts to this question. The first part will be dependent on where the boundaries are on this particular strata scheme, whether the boundaries go to the external surface plus attachments which would put it under Section 3 A B, or whether the boundaries are covered under Section 3 2 A where the boundaries of the strata lot are the internal surfaces of the walls, floor and ceiling, which would mean that the roof and the walls are common property. Regarding the air conditioning unit and antenna, unless there is a bylaw specifically giving the person exclusive use to have those items fitted to the building wherever the air conditioning unit is, that

person would be responsible for their own maintenance. If it’s on a common property, then it might be the strata has to fix it.

The other part of the question relates to the insurance. Who has the insurance policy?

If they’re all responsible for having their own separate insurance, then be up to their insurance policy. If it’s a one policy for the whole strata scheme, then it’s a strata insurance policy that the claim would need to be made through. Storm damage can cause electrical surges, fusion. The antenna could act as a lightning rod.

There are a lot of unknowns with that question but if there’s a policy for the whole strata scheme, the lot owner could make a claim against the strata insurance.

Shane White | Strata Title Consult shane.white@stratatitleconsult.com.au READ MORE HERE

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New WA Asbestos Obligations With the introduction of the new Work Health and Safety Legislation in WA Owners in Strata Companies are faced with a raft of new obligations including the identification and management of asbestos in the Common Property.

Asbestos was used in many building materials and represents a risk to Owners when it becomes airborne, this usually occurs when maintenance is being undertaken. If you suspect your Building contains asbestos you should take action to confirm suspicions as soon as possible Owners are required to maintain the Common Property on a regular basis. Routine maintenance often includes tasks such as sanding prior to painting works, replacing locks in fire doors, repairing fencing, replacing duct work or installing new meters in switchboards. If the building material being maintained contains asbestos, then fibres can be released and both the persons carrying out the work and Owners, Tenants and visitors can be exposed to hazardous fibres.

Asbestos Inspections & Reports There are 3 basic types of Asbestos inspections: 1.

A Management survey is where samples are taken and asbestos containing materials are identified

2.

An Assumed survey is where no samples are taken and material are presumed to contain asbestos

3.

A Demolition survey is where wall is broken apart and hidden areas are inspected prior to the demolition of all or part of a building.

Which one is right for you? 

Management surveys offer the best value as they provide a great deal of certainty for Owners and any ongoing costs will then be limited to areas containing asbestos where they can be identified



An Assumed survey may be necessary where it is not possible to attain samples (e.g. high level inaccessible areas) but should be considered a last resort. Assuming without certainty often results in many building materials being mistakenly ‘labelled’ as containing asbestos. This often leads to ongoing maintenance and compliance requirements for Owners that are both unnecessary and expensive



Demolition surveys are generally only required in rare circumstances, or where significant works are about to be undertaken, and are not relevant for most Strata Companies.

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What should I look for in a service provider?

It is recommended that the company you engage: 1.

Has proven expertise and experience in identifying, sampling, and advising on materials containing asbestos, and has a licenced Asbestos Assessors heading their technical staff

2.

Has a Professional Indemnity Policy in place, specifically noting and covering Asbestos advice and reporting (Asbestos reporting is a specific exclusion in many policies)

3.

Has an all-inclusive price that includes the provision of an Asbestos Register, Management Plan and some level of definitive sampling to provide us much certainty as possible to meet existing circumstances and future maintenance needs.

QIA Group Asbestos Inspections & Reports  Your inspection and reports will be carried out by a suitably qualified Assessor/Inspector/Report Processor  We will inspect and report on all readily accessible common property areas and/or nominated fire doors, and sample suspected asbestos containing materials wherever safe to do so  All Testing of samples will be carried out by a Registered NATA laboratory and results will be included in our report  Risk assessment of the asbestos containing materials including recommended control measures  Comprehensive report, provided in electronic format containing locations, type, and condition of actual or suspected asbestos, photographs, and plan view diagram where necessary  Report includes a full Asbestos Register, Management Plan, and a risk assessment of all asbestos containing materials and relevant control measures  Our services include follow-up inspections, reports and activities to take care of all Signage, Report Storage, and follow-up reviews and reporting that may be required by the relevant Legislation.

Find further information in relation to our Asbestos Services here: QIA Services

QIA GROUP QIA Group is a respected leader in the provision of property inspection and compliance reports for the strata industry.

Established in 2005, we are a team of industry professionals with expertise across property inspections, maintenance planning, insurance valuations, as well as fire, asbestos, safety, building management and risk assessment. We help owners and managers cut through the confusion of complying with strata regulations, making it easier to understand and simpler to achieve.

Owning a strata property has many costs, risks and compliance obligations that are often confusing to understand and time consuming to manage. Although these issues are unavoidable, QIA Group can simplify the process, making it easier for owners and managers to comply while also helping to minimise the costs and risks associated with your property.

CONTACT US NOW FOR FURTHER INFORMATION

QIA Group Services Asbestos

 Asbestos Testing & Reports  Asbestos Register Reassessments

Financial

 Capital Works Fund Plans (NSW)  Maintenance Plans (VIC, WA)  Sinking Fund Plans (ACT, QLD, NT, SA, TAS)

Insurance

 Insurance Valuation Reports

Fire

 Fire Safety Audits  Fire Evacuation Training  Fire Evacuation Plans & Diagrams

Safety

 Common Property Safety Reports

Inspections

 Cladding Inspections & Reports  Building Maintenance Assessments  Plant & Equipment / Asset Registers

17

Can I get a dog without applying for approval?

Q

Does the standard pet bylaw in WA mean that residents can keep an animal without apply to the council, until a time they are given notice to remove it?

I am a strata owner and on the council of owners. I wanted a small dog and strata advised I needed to make an application to the council. I submitted an application and it was denied. Our bylaw regarding animals is as per the Strata Titles Act 1985 Schedule 2 12(c): An owner or occupier of a lot must not — (c) keep animals on the lot or the common property after notice in that behalf given to that person by the council.

Does this bylaw mean that I can in fact keep an animal without having to apply to the council, until I’m given notice to remove it? I’m presuming they could only ask me to remove it if the dog was causing some disruption?

A

If your complex is wanting a no pet complex then the standard by-law would not suffice.

On the basis that the standard Conduct by-law contained in schedule 2 12(c) applies to your Strata Complex then your interpretation of the by-law would be correct. The by-law is not requiring a pet to be approved but does require the pet to be removed on notice to that affect from the council of the strata company.

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It would also be my advise to a Strata Company that they should only issue such notice for valid reason. Some examples of reason’s they may issue such notice would include: • The pet is a threat to the safety of occupants in the complex • The owner does not exercise control of the pet whilst on common property • The pet constantly causes a disturbance to the peaceful enjoyment of the other occupants • The pet has caused damage to the common property I would also suggest that in most cases it is best for the strata company to give the pet owner opportunity to rectify the concerns prior to issuing a notice. A decision to enforce an owner to remove a pet should not be taken lightly.

If your complex is wanting a no pet complex then the standard by-law would not suffice.

It is also important to be aware that any bylaw that prohibits or restricts the keeping on a lot of an assistance animal (as defined under the Disability Discrimination Act 1992) is an invalid by-law under section 46 of the STA1985 – Invalidity of scheme by-laws.

Luke Downie | Realmark ldownie@realmark.com.au READ MORE HERE

It’s about creating a better result for the prosperity of strata owners.

Luke Downie.

Head of Strata Management

Realmark’s clear commitment to managing strata properties is refreshing. And it’s well beyond the everyday practicalities and compliance of property management.

It’s simply to work collaboratively with a community of strata owners and advise them of how to achieve the best of outcomes.

Accordingly, and with our 30 years of local in-depth experience with both commercial and residential complexes, we’re also well sought-after by developers and owners for our insights into the future requirements of their project after the registration of their strata plans.

To learn more on how Realmark can help create a better result for strata owners, simply get in contact.

Luke Downie, Head of Realmark Strata Management on 0479 095 889 or 9328 0909.

Realmark Strata 9328 0909 www.realmark.com.au/strata-management

Can the repair of paint bubbling be claimed under our strata insurance?

Q

Water travels and sometimes years later a building may experience paint bubbling on concrete surfaces. Can we claim this on insurance as water damage?

A

It would be very hard for paint bubbling to fall under the definition of sudden and accidental.

Strata policies will cover sudden and accidental damage not otherwise excluded.

If you building has issues where paint has bubbled, I would say that it would be very hard to provide evidence that this has occurred from a water event. I would say it would be very hard for it to fall under the definition of sudden and accidental.

By all means, it really does come down to the specifics of how long it has been, over what period of time and what are the contributing factors as to what has caused that damage.

Particularly, if the insurance paid a claim in the past and bubbling has happened after that claim has been paid, that might also be consideration as well.

Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au READ MORE HERE

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Regular thermographic inspections as part of preventative maintenance of electrical systems can help detect and prevent catastrophic equipment failure, unscheduled downtime, and higher insurance costs due to an increased risk of building fires.

Find out more at metrowest.com.au/services/ 08 9416 066 info@metrowest.com.au

How Regular Thermographic Inspections Can Prevent Disasters

When to submit items to be included on the AGM agenda

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How can lot owners add items to an agenda when they are not consulted on upcoming AGM dates?

I’m aware a lot owner can request an item to be included on the AGM agenda and the strata manager must include these.

How does the lot owner know when the AGM is being called so the matter can be requested in time for inclusion?

Historically our OC Committee agrees a date and time and calls for agenda items before the 14 day notification deadline.

This year our Strata Manager specifically advised our committee was responsible for arranging the AGM and, despite numerous requests to our strata manager for dates/ times of their availability, did not respond.

The 15 month deadline for the AGM was fast approaching. A lot owner emailed all committee members (cc’d the strata manager) for the AGM date. The strata manager immediately sent out a notice of the AGM with no consultation as to date or time, or to the agenda items.

Where a committee exists, can the strata manager convene the AGM without instruction from the OC Committee or Chairperson/Secretary? Do they have delegated powers allowing them to act unilaterally without any consultation with the committee?

An owner can submit any motion they see fit at any time regardless of when the AGM is due.

As AGM’s are normally the same time each year and owners would be aware of that, there should be no need for reminders. Also, the act allows that an owner can submit any motion they see fit at any time regardless of when the AGM is due and a resolution on their motion.

It is not unusual for the strata manager to organise the AGM, due in part to the number of AGMs they would control and, they are privy as to when previous AGMs were held.

Owners are aware when AGMs are due and at any time should let their committee or strata manager know of any issues they would like discussed at the AGM. Brian Rulyancich | StrataTAC strata@stratatac.com.au READ MORE HERE

COO member harassed by residents 24 www.lookupstrata.com.au

As a COO member, I should be able to have ‘quiet enjoyment’ of common areas without being berated, door stopped, yelled at, threatened whilst traversing common property!

As a CoO member, I hate being ‘door stopped’ by whinging tenants and owners.

All matters should, in the first instance, be sent to the Property Managers who then forward the information onto the CoO Secretary who will either call an urgent meeting or hold the matter over until the next scheduled CoO meeting.

Everyone should be able to have ‘quiet enjoyment’ of common areas without being berated, door stopped, yelled at, threatened whilst traversing common property!

Each strata scheme is different and how things work will therefore differ from building to building.

You have my full empathy on door stopping and also the far more disturbing instances of being yelled at or threatened.

That latter should not happen to anyone, least of all a volunteer strata participant.

To me, this situation highlights one of the truisms of strata and irrespective of which State, Territory or indeed,

Country it is located in: namely, that each strata scheme is different and how things work will therefore differ from building to building.

Put another way: while government gives a legislative framework for strata operations, it is also acknowledged – and indeed, entirely appropriate – that that framework be ‘elastic’ enough to suit.

In your scenario, I know there are plenty of schemes in Queensland (from where I write this) in which it is both common and encouraged for door stopping and personal interactions (in the car park, in the lobby, in the stairwell) to ventilate issues or indeed to simply have a chat. To me, if that is happening in a constructive way and not impinging on one’s personal boundaries, that is to be encouraged. My experience is that quite a few strata schemes get results from this approach. It is also the best example I can think of to emphasise the ‘community’ aspect of strata. Like it or not, strata is all about a community, a group of participants who otherwise would have nothing to do with each other but who, by virtue of ownership, residency or contract, are very much part of a community.

While you are at it, make sure everyone knows how to communicate in the alternative. Do all owners, tenants and relevant contractors have the best contact details? If there are communication preferences (such as a certain number of emails or communication at particular times of day)? Do they know those? Do you or your fellow councillors have a strata-specific email address?

If not, time to think about getting one, as it will remove your personal email address from the equation and create the kind of separation and distance between strata and personal that you are after.

And then, if you are being berated, yelled at or threatened, that too warrants boundaries being clearly defined. To emphasise those boundaries, that may mean initiating formal proceedings against the offending party or parties. My point is that if there is behaviour occurring which you do not appreciate, you need to take steps to firstly make it clear you don’t appreciate it and then be prepared to follow through on it, if the behaviour keeps occurring.

Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE

The key here is setting boundaries. You don’t like being door stopped? That’s totally fine – just make sure that is clearly known and if necessary, communicated in writing.

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Procedure for setting a council meeting

Q

A

What is the procedure for setting a council meeting? Is sending an email with the time and date sufficient? I expected a more formal notice of meeting with the strata Co number, an agenda, date, time and location.

Check your Strata Company bylaws.

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The bylaws of the Strata Company will provide the guidance on how the Council Meetings are to be convened.

Standard Governance Bylaws allow the Council to meet as they see fit. If there are members on the council that have been reappointed from a previous year and their previous practice was to send out an email providing the day/date and time then that may be determined by the members as being sufficient.

It will be dependent on the majority of the members and

how they wish to convene their meetings, and as they are volunteers, the ability and time restraints of the members may also be a consideration.

Standard meeting practice may provide for agenda items to be circulated, and this is certainly good practice however not a legislative requirement for the council.

The Standard Governance Bylaws offer the following in relation to the meetings of council:

8. M eetings of council 1. At meetings of the council, all matters must be determined by a simple majority vote.

2. The council may — a. m eet together for the conduct of business and adjourn and otherwise regulate its meetings as it thinks fit, but the council must meet when any member of the council gives to the other members not less than 7 days’ notice of a

meeting proposed by the member specifying in the notice the reason for calling the meeting; or b. e mploy or engage, on behalf of the strata company, any person as it thinks is necessary to provide any goods, amenity or service to the strata company; or c. subject to any restriction imposed or direction given at a general meeting of the strata company, delegate to 1 or more of its members

such of its powers and duties as it thinks fit, and at any time revoke the delegation.

9. Powers and duties of secretary of strata company subject to the Strata Titles Act 1985 sections 127, 128, 129, 200(2)(f) and (g) the convening of meetings of the strata company and of the council.

Shelley Fitzgerald | Strata Alliance E: info@strataalliance.com.au READ MORE HERE

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29

Authorisation for expenditure over budget in emergency situations

Q

What is the process for authorising expenditure over budget. How should we deal with expenditure relating to emergency situations?

A

In emergency situations, common sense needs to prevail and a Council of Owners should proceed with caution while documenting the decision making process.

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That’s a really good question. Essentially, when we talk about expenditure approval, obviously approving the budget at an annual general meeting is approving that expenditure. The Act provides for power of expenditure above the budget for the strata scheme, which is essentially $500 per lot that the Council of Owners can approve in any one financial year. Other than that, the only other ways of expenditure approval is through written notification, which outlines that process in detail and the requirements in order to seek approval in that manner. Other than that, it’s going to a general meeting.

Obviously, common sense needs to prevail and my suggestion when we talk about emergency situations is a Council of Owners should proceed with caution and that’s difficult to say because sometimes you’ve got to act quickly. My advice is that committees should assess the situation and if they feel they have an obligation to act quickly in an emergency situation (for example a life and death situation or a situation that is likely to cost the strata company significantly more, if they don’t act), I would strongly encourage them to act. But under careful consideration.

I also encourage Council of Owners members, if they found find themselves in that position, to document the process and the decision making well so that if they are questioned on it, they can easily demonstrate the decision making process they’ve gone through before they proceeded. Everyone’s interpretation of the emergency or situation is different, that’s why I think it needs to be a collective approach from the council and be in agreement in terms of how to proceed in those situations.

Luke Downie | Realmark ldownie@realmark.com.au READ MORE HERE

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STRATA MANAGEMENT Abode Strata Management

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PLUMBING Tunnel Vision (WA) Pty Ltd

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The Drain Man

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CONSULTING Strata Solve

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PAINTING Dulux Property Services

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Would you like your Strata Story featured in the next edition of The WA 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?

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

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