The NSW Strata Magazine | April 2022

The NSW

STRATA MAGAZINE APRIL 2022

Recouping cost of repairs from faulty workmanship from lot owners or insurance claims Page 8 | Strata Insurance Solutions

Think about who you let onto your committee Page 14 | The Strata Collective

Do I need a by-law for tile flooring?

Page 20 | Bugden Allen Graham Lawyers

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 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 If my apartment sale was lost over a denied pet application, can I sue?

20 Do I need a by-law for tile flooring?

Nancy Torry, Bugden Allen Graham Lawyers

Carlo Fini, Lewis & Charles Lawyers

6 Celebrating 10 Years | Supporting Lot Owners, Committees & Strata Buildings Australia Wide Strata Insurance Solutions

8 Recouping cost of repairs from faulty workmanship from lot owners or insurance claims Tyrone Shandiman, Strata Insurance Solutions

10 Requests to store items on common property Leanne Habib, Premium Strata

12

emediation of fire doors R containing asbestos Ryan Richards, Sedgwick

14 Think about who you let onto your committee Rod Smith, The Strata Collective

16

hat if your fire safety contractor W is unable to inspect every unit?

Rob Broadhead, 2020 Fire Protection

18 Changing Visitor Parking to Resident Parking

22 Responsibility for damage caused by unauthorised renovations Leanne Habib, Premium Strata

24 Strata Finance Questions Rod Laws, TINWORTH & CO

26 Are tall residential strata buildings required to have an intercom?

Dino Biordi, LUNA – The Building Management Company

28 Calculating lift replacement provision in the sinking fund Peter Berney & Dakota Panetta, Solutions In Engineering

30 Minimum lighting level requirements for halls and underground car parks QIA Group

32

orried about flooding in a W strata property?

SCA (NSW)

34

The NSW LookUpStrata Directory

Tim Sara, Strata Choice

Thanks to our sponsors

If my apartment sale was lost over a denied pet application, can I sue?

A sale was lost because individual lot owners lobbied the strata manager not to approve a pet application from a prospective purchaser. Can the individual lot owners be taken to court by the lot owner who lost the sale?

It is important to realise that the decision whether or not to grant permission to keep a pet is the decision of the owners corporation, not the lot owners who lobbied the strata manager.

It’s unlikely the vendor could successfully sue the lot owners who opposed the pet application.

In answering this question, three assumptions are made: the first is that the owners corporation’s by-law on pets requires permission to keep a pet; the second is that the sales contract was conditional on that permission being granted and allowed the purchaser to rescind the contract if the permission was not granted; and the third is that the decision to deny the application was unreasonable.

It is important to realise that the decision whether or not to grant permission to keep a pet is the decision of the owners corporation.

It is not the decision of the lot owners who 4 www.lookupstrata.com.au

lobbied the strata manager to deny permission and it is not the decision of the strata manager.

Therefore, if the vendor was looking to sue anyone, it would be the owners corporation and not the lot owners or the strata manager.

If the decision to deny permission was unreasonable, then remedies against that decision are set out in the Strata Schemes Management Act 2015 including an application to NCAT seeking approval to keep a pet on the grounds that the owners corporation’s decision to deny permission was unreasonable. In that NCAT case, the respondent is the owners corporation and not the lot owners or strata manager.

There is no remedy under Strata Schemes Management Act 2015 or in NCAT to seek damages for the lost sale.

Any decision whether or not to sue anyone should only be taken after getting legal advice because evidence, documents and further information about the facts will be required before that advice can be given. If the assumptions set out above are not accurate, then that may also affect the legal advice given.

READ MORE ON THIS TOPIC HERE

Carlo Fini | Lewis & Charles Lawyers carlofini@lewischarles.com.au

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Recouping cost of repairs from faulty workmanship from lot owners or insurance claims 8 www.lookupstrata.com.au

Our committee suffered damage to common property due to faulty workmanship. Should the strata manager and committee instigate an insurance claim before recouping cost of repairs from lot owners?

Our Strata Manager and Committee approved a person unknown to the Owners Corporation to carry out a $90,000 Major Capital Works Job to replace 12 large Planter Boxes and a 300 sq meter courtyard. The contractor didn’t construct the stormwater runoff correctly and in a recent storm a unit was flooded.

The Strata Manager and Strata Committee then appointed a plumbing company the $30,000 job to remediate the tradesman’s mistake. They held an EGM stating all owners

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

READ MORE ON THIS TOPIC HERE

needed to contribute to the $30,000 invoice.

There has been no mention of claiming the cost of the repair work against our strata insurance.

What were the options available to the Strata Manager and Committee? Are they required to pursue insurance claims before passing costs onto Owners?

In this instance an insurance claim would not be a viable option.

Strata insurance covers “sudden and accidental damage” and all policies I am aware of exclude costs associated with rectification of faulty workmanship.

In this instance an insurance claim would not be a viable option as the repair works are associated with rectifying faulty workmanship.

The committee may seek to obtain legal advice in relation to whether a claim may be made against the original contractor who installed the planter boxes.

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Requests to store items on common property

A tenant has requested permission to store a stroller in the space under our stairs.

We have concerns about safety or equity to use the space.

How should the committee approach this request?

Our strata committee has been approached by a new tenant asking if she could store her baby’s stroller under the stairs in the entry foyer to our three storey 1930s building. While the space looks custom built for this purpose, no-one has stored anything there before.

While the committee sympathises with the needs of a young mum who lives on the second floor, members have raised questions about equity: what if the other young mother who lives on the third floor and stores her stroller in her car wants now wants to store her stroller under the stairs? What if residents then argue that they wish to store their bicycles there? In this space, there is only room for a single stroller.

Also, there is a bylaw that states that objects cannot be stored in the common area if they obstruct passage for fire safety purposes.

This does not apply to one stroller being stored under the stairs.

How should the committee approach this request considering the equity issues that arise?

Owner(s) wishing to utilise the space should apply for a by-law for exclusive use or a licence (potentially with a fee).

This is not an uncommon problem and is compounded when you have disabled residents wishing to do the same. To maintain “equity” the owner(s) wishing to utilise that particular area of common property should apply for a by-law for exclusive use or a licence (potentially with a fee on a monthly or other basis).

READ MORE ON THIS TOPIC HERE

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Leanne Habib | Premium Strata info@premiumstrata.com.au

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Remediation for fire doors containing asbestos

Our fire doors have been identified as containing asbestos.

Who enforces remediation?

Engage a hygienist to formulate a remediation action plan.

In our strata complex, we had an asbestos incident with our fire doors. They tested positive for asbestos. We’ve found enforcement a problem. Safe Work New South Wales were only interested while the tradesperson was there. As it is no longer classed as a workforce, they are not concerned about remediation.

If you engage a hygienist they normally formulate a remediation action plan and the safe removal of asbestos and identify the areas. The hygienist will recommend whether air monitoring is required. Once they have provided identification and a scope of work to have the asbestos removed, they also need to notified SafeWork New South Wales.

We found that the Environmental Protection Authority (EPA) was only interested in any public property areas and Council was only interested in council areas. How is it possible to enforce remediation?

Once the remediation works are complete, it needs to be signed off by that hygienist to confirm it is safe and asbestos has been removed. The hygienist will confirm it is safe to reoccupy.

READ MORE ON THIS TOPIC HERE

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Ryan Richards | Sedgwick ryan.richards@au.sedgwick.com

Supporting Owners and Strata Managers with tailored remediation and repair solutions

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Construction management

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Cost validation services

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Capital Works Funds/Maintenance Plans

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Think about who you let onto your committee

Is it a good practice to have committee members sign a code of conduct?

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A code of conduct can be helpful, but I really think owners corporations should think about who they let onto their strata committee.

The answer is yes. Is it required or recommended? That depends.

It’s like asking an employee to be honest and not to discriminate against people. The things in a code of conduct are assumed, that adults will behave against other adults in a certain way. However, if things start breaking down, then a code of conduct can be helpful.

Owners corporations should think about who they let onto their strata committee.

Is that person acting in the best interests of the owners corporation? Or are they acting in their own best interest? Do they bully and harass other owners? Do they bully and harass the strata manager, because unfortunately, strata managers are bullied very regularly by clients who want certain outcomes for their own purposes? Committee members leave committees because they get bullied. So you need to really think about who you let onto these strata committees, and make sure that they are people who are capable of thinking of others, thinking about

a collective group, acting in the best interest of everyone rather than just themselves.

Not everyone is capable of that, sadly.

So the answer is, yes, a code of conduct is helpful, but you’re not going to fix someone with a code of conduct. You’re not going to fix that person who’s been bullying everyone for 15 years by making them sign a code of conduct. It’s just not going to happen.

You need to think about whether you let them back on the committee.

If you do decide to go down the code of conduct road, which code of conduct do you use? OCN might be a good place to start if your strata manager doesn’t have one.

READ MORE ON THIS TOPIC HERE

Rod Smith | The Strata Collective rsmith@thestratacollective.com.au

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What if your fire safety contractor is unable to inspect every unit?

What happens if your fire safety contractor is unable to inspect every unit during your fire inspection for your annual fire safety statement?

We have to go back and reinspect. If the accredited practitioner cannot prove that they have inspected and verified all of the essential fire safety measures, they can’t sign it off.

We have to go back and inspected. Under the current legislation, if the accredited practitioner cannot prove that they have inspected and verified all of the essential fire safety measures, they cannot endorse that measure, they can’t sign it off every year. Realistically, we have to go back and reinspect. That’s what we do.

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Does it make us popular? No. But is it important?

Yes. You have a 50% greater chance of surviving a fire in your home if you had a working smoke alarm.

The very thing we are inspecting in that unit is the smoke alarm to make sure it will perform in fire situations. So I think it’s really important, however unpopular it may be, but the legislation says we must do it, therefore we do it. As a result of the last year or so of enforcing that, we’ve seen a substantial improvement in the number of people who actually will be there at their annual test, which is really great. People are realising the importance of it now it is being enforced.

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Changing Visitor Parking to Resident Parking

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Can we change our visitor parking to residents only parking or place restrictions on use?

In a Strata complex with 8 Villas. We have 2 council approved Visitor Parking spaces.

Can we: 1. change both parking spots from visitors to residents only?

2. put a time limit on the visitors parking spots?

3. say no visitors cars on premises after 9 pm?

Check the Council’s development consent conditions.

The development consent from Council for the building will usually include conditions such as the required number of visitor parking spaces. Development consent conditions can be amended with Council approval, but it may be unlikely if the building is relatively new.

If it looks achievable, planning or legal advice should then be sought to ensure the process is properly executed to change the development consent.

With regards to regulating the use of your visitor parking (such as time limits or hours of use) – a well thought out by-law will help to achieve this.

Legal advice should be sought, and the solicitor will guide you through the process, including their insights on what is considered reasonable (bearing in mind, by-laws cannot be harsh, unconscionable or oppressive under section 139(1) of the Strata Schemes Management Act 2015 (NSW)). They will also have experience on enforcement of the by-law and what elements are worth including.

READ MORE ON THIS TOPIC HERE

Tim Sara | Strata Choice tsara@stratachoice.com.au

Firstly, check the development consent conditions. You can contact your local Council to find out the best way to check these. If the building is old and the Council haven’t digitised records, you may need to sift through boxes of old records.

Here you are looking to see what (if any) conditions there may be around the minimum number of visitor parking spaces required for the building.

It’s then a good idea to speak with the relevant officer at Council about it as you may gain insights into their appetite as well as the process to amend the development consent.

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Approval for Hard Flooring

Do I need a by-law?

I’d like to change my apartment flooring from carpet to tiles.

Can I carry out the renovation without needing a bylaw?

I own and live in an apartment building. I’d like to change my flooring from carpet to tiles. Our Strata Manager has said a bylaw may first be needed as the tiles will be attached to my floor which is common property.

Is a by-law required and is there any way I can carry out the renovation without needing a bylaw?

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You need to look at the existing by-laws for your scheme and its process for approving minor renovations.

In short, you need to look at the existing by-laws for your scheme and its process for approving minor renovations. In particular, check if your scheme has a by-law relating to floor coverings and noise transmission, particularly to other lots.

Some schemes have made by-laws specifically related to hard flooring. Such by-laws may make allowance for hard floor surfaces like tiles to be installed, subject to the floor underneath being treated to ensure the noise transmitted is below a certain acoustic rating. Make sure you follow the correct approval process as this will help to avoid disputes with your neighbours and the cost of having to reinstate floor coverings later.

If your scheme was registered prior to 1996, its by-laws may contain the by-law relating to floor coverings (by-law 14) from Schedule 2 to the Strata Schemes Management Regulation 2016. This by-law provides that all floor space, other than that in a kitchen, laundry, lavatory or bathroom, must be treated so as to sufficiently

prevent the transmission of noise that is likely to disturb the peaceful enjoyment of the owner or occupier of another lot. This does not mean that tiles cannot be installed but may mean that an acoustic underlay or other floor treatment may be needed to minimise the impact of the hard flooring on your neighbours.

Even if there is no by-law relating to floor coverings or hard flooring, you still have an obligation to not create noise that may interfere with another lot owner’s or occupier’s peaceful enjoyment of their lot. This obligation is usually set out in By-Law 1 for schemes registered prior to 30 November 2016 or by-law 6 in post 30 November 2016 schemes.

Your request to install tiles in your apartment would be considered “minor renovations” to common property, pursuant to s110 of the Strata Schemes Management Act 2015.

One of the minor renovations specifically listed is “installing or replacing wood or other hard floors”.

Minor renovations require the approval of the owners corporation before you carry out the work. A motion regarding the work to be undertaken would be considered at a general meeting. A majority is required for the motion to be approved. Alternatively, the Committee can approve minor renovations, but only if they have been delegated the power to do so pursuant to a by-law.

Conditions may include ensuring your flooring meets a certain acoustic standard or the requirement for documentation, such as an acoustic engineer’s report to be provided once the tiles have been installed.

On the face of it, you may not need a by-law to carry out this work if the proper approval process is followed. That said, it may be prudent and appropriate for the owners corporation to insist on a by-law. If they prefer you put a by-law in place before the work is carried out, they have the option of drafting it in a way that outlines a fair and reasonable approval process for not just you, but all owners that may wish to carry out this work in the future.

Our team would be happy to assist with the drafting of a by-law, if required. Alternatively, you can go online to By-Law Builder and order a Floor Coverings by-law for just $129 + GST. READ MORE ON THIS TOPIC HERE

Nancy Torry | Bugden Allen Graham Lawyers nancy@bagl.com.au

When submitting your request, you may need to provide details of the work to be undertaken, such as: •

Any plans of the work

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When the work will be carried out

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Qualifications and details of the tradespeople who will do the work

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Specifications of any products being used to treat the floor to prevent noise transmission and any guarantees or warranties that may be given by the manufacturer or installer.

The owners corporation may grant approval subject to reasonable conditions and its consent cannot be unreasonably withheld.

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Damage caused by unauthorised renovations

Who is responsible?

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None of the bathroom renovations in our building prior to 2017 have a by-law nor were they approved. Is the Owner liable for damage to other properties or common property as a result of a waterproof membrane failing?

None of the bathroom renovations (including replacing waterproof membrane) prior to 2017 have a by-law nor were they approved at an AGM or EGM.

In the absence of a by-law, it will be difficult to pursue the current owner for past renovations which were not properly authorised as the waterproofing is likely common property albeit the previous owner may have damaged it or did not properly waterproof in the course of his renovations.

A lot owner bought a property with a bathroom renovated before the new 2017 major renovation bylaw. Is the Owner liable for damage to neighbouring lots or common property as a result of the waterproof membrane failing?

READ MORE ON THIS TOPIC HERE

Leanne Habib | Premium Strata info@premiumstrata.com.au

The Owners Corporation should pass a special resolution divesting itself of responsibility for that bathroom provided that that decision would not impact on the safety of any part of the building.

The Owners Corporation should pass a special resolution divesting itself of responsibility for that bathroom (if the 2017 by-law does not already do so) provided that that decision would not impact on the safety of any part of the building.

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Strata Finance Questions

Should SSMA 2015 Section 184 Certificate activity show up in Owners Corporation financial records? Should the OC Financial Records indicate the S184 Certificate payment coming in and then that payment going to the strata manager?

Yes. It is a trust account requirement for the income and associated expenses to be shown in the Plan’s financial report. It is trust account money and therefore has to be deposited and paid out of the trust account.

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Is an Owners Corporation able to identify whether their strata management company uses a ‘single pooled trust account’?

You would have to ask the strata manager. This will not be indicated in the financial report.

READ MORE ON THIS TOPIC HERE

Rod Laws | TINWORTH & CO rodlaws@tinworth.com

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Clean the rebar to a bright metal condition and restore any rebar with section loss as instructed by an engineer.

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Carry out concrete repair in all affected locations.

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Install Smart Zinc® 130 Magnesite anodes along the border of the repair areas and in all high corrosion risk areas. The anodes are to be encapsulated with low resistivity repair mortar.

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Apply floor leveling as required to the original level.

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Securing Residential High Rises Are intercom systems required?

Are tall residential strata buildings located in Sydney CBD required to have intercom and/or access control systems?

It is a requirement that residential buildings implement and upgrade systems to keep their residents and stakeholders safe.

Building Managers, Owners Corporations and other key stakeholders of residential high rise complexes are required to keep their facilities secure, while giving residents and guests the most convenient access to their buildings and to access the facilities.

The perfect solution is to ensure the

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residential building has the right access control mechanism and intercom arrangements to centrally manage a wide array of complex subsystems which can be done through individual software interfaces or using multiple systems. It is a requirement that residential buildings implement and upgrade these systems to keep their residents and stakeholders safe.

For more information, you can contact an urban building planner for specific information and details pertaining to access and security control measures.

READ MORE ON THIS TOPIC HERE

Dino Biordi | LUNA dino@luna.management

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Calculating lift replacement provision in the sinking fund

We are going through a lift replacement costing $200,000 which hadn’t been provided for. How do we start saving for the next lift replacement in 25 years time? Can you check my calculations?

Lift replacement provision in the sinking fund.

We are going through lift replacement at our high rise after 25 years.

The cost is $200,000, which had not been provided for. We solved our problem using saved funds for painting which was due to be done in 2027 plus a $2,000 levy for this year.

We will replace the painting money over the next 5 years at an increased rate to cover the $275,000 costs.

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How do we make sure we have enough funds for the next lift replacement in 2047 (25 years away)?

My calculated cost of $200,000 (2022) at 3% CPI per year = $418,000 in 2047.

This will start us at $8,400 next year, and end up with a contribution of $27,000 in 2047, giving us $400,000.

I feel discussion around this philosophy might be warranted as there are lots of lifts to be replaced in the years ahead.

How are other buildings managing this type of maintenance? Have I got my calculations right?

Commission a new maintenance report/ sinking fund and advise the consultant of this situation.

They can work with you to set up the future maintenance so that the levies are as low but consistent as they can be.

The cost to replace the lift in a scheme should always be factored into a maintenance plan. In most schemes it will be the largest expense if not, than one of the largest.

You are pretty accurate with your timeline of replacement, although most lift technicians will say 15-20 years.

This cost needs to be interjected into your current maintenance plan. Whilst the levies seem to be a shock to you now, it is only because you have not been allowing for the funding of the lift to date. You haven’t had that additional $200k in there to save up for, hence really, your current levies are far too low.

Can I suggest that you commission a new maintenance report/ sinking fund and advise the consultant of this situation and they or we can work with you to set up the future maintenance so that the levies are as low but consistent as they can be.

Peter Berney & Dakota Panetta Solutions in Engineering dakotap@solutionsinengineering.com

READ MORE ON THIS TOPIC HERE

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Minimum lighting levels for common property Halls and underground car parks To save on electricity, can we consider movement sensing lights in low use areas? Are there minimum lighting level requirements for halls and underground car parks?

Our building has 20 floors that are serviced by lifts with 7 floors of car parking underneath.

Each floor has a number of lights permanently on. People are only ever in the hallways to go to or from their unit to the lifts, or to the garbage chute. The car park has had a number of fluro fittings replaced with movement sensing LED lights that are permanently on dimly and shine brighter with movement. These areas have no windows or external light source.

To save on electricity, can we consider movement sensing lights in these low use areas?

Our building manager has stated that lighting is required. I have been in other buildings with only movement activated lighting.

Are there minimum lighting level requirements for halls and underground car parks?

Exit lights are generally required to be on at all times. Emergency lights are required when an emergency occurs or on all the time depending upon the area and use (eg fire isolated stair or lobby) and so on.

A minimum level of lighting is required at all times and the building approvals at the time the building was approved will dictate what those were.

The Building Code of Australia allows for Owners to make changes to the lighting provided the current requirements are met.

Upgrades to the lighting which substantially change the way in which the lighting operates would require the the services of a lighting specialist and certifier to ensure that the relevant codes are met, particularly in relation to stairs, lobbies, hallways and circulation areas.

The requirements in these circulation areas are much more stringent and generally required to be brighter.

We would not recommend making changes to the lighting without the necessary approvals being in place.

A minimum level of lighting is required at all times.

There is an Australian Standard for internal lighting which specifies the level of lighting required. The level of lighting required differs with respect to the areas to be lit, the uses those areas are put to and the type of luminaire being used.

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READ MORE ON THIS TOPIC HERE

QIA Group info@qiagroup.com.au

City of Sydney grant round open Owners corporations in the City of Sydney government area are eligible to apply for a ratings and assessment grant.

Grant round opens Tuesday 22 February and closes Monday 11 April. If successful, funding is for projects from 1 July 2022.

Funding available: • up to $10,000 for 1st year NABERS ratings • $5,000 for 2nd year NABERS ratings • $10,000 for water/energy assessments, to be completed alongside a NABERS rating.

Find out more in the City of Sydney grant guidelines.

For further questions, email the grants team at communitygrants@cityofsydney.nsw.gov.au.

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WORRIED ABOUT FLOODING IN A STRATA PROPERTY? IT PAYS TO GET PREPARED From flooding to fires, Australians around the country have seen their fair share of crises over the past few years. When a crisis does hit a property, strata committees and managers are a vital piece of the puzzle - so it pays to get prepared.

When severe weather events occur, it’s important to know how to assess the damage to work out who’s responsible and what steps need to be taken. It’s also helpful to have an understanding of the tenant’s and landlord’s rights, in case the property becomes uninhabitable for a period of time.

With any crisis, the most important thing is safety. Share the state emergency services (SES) number 132 500 with your clients, and acknowledge that you may become the liaison between residents and owners and the SES. Ensure residents can be evacuated safely, and emergency accommodation can often be arranged with the insurance company where required.

Check the insurers’ website or emails for specific catastrophe contact details and protocols. Some may have a specialised response team that will be able to assist. Advise owners against trying to repair their own properties until an expert insurance assessment has been completed.

When assessing the damage, insurance companies and strata committees can arrange to have their own hydrologists or technical experts determine the cause of damage, but it’s not uncommon for expert reports to differ.

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Ultimately, the responsibility to understand legislation, acts and mandatory insurance requirements lies with the committee and the owners, along with the responsibility to insure the property and remain compliant.

If the property is destroyed or becomes totally or partially uninhabitable because of flood/water damage, the landlord and tenant can mutually agree to end the tenancy on the grounds that the agreement is ‘frustrated’. If the landlord and tenant can’t reach a mutual agreement, either party can give a written termination notice to end the tenancy on the basis the property is uninhabitable.

Alternatively, the landlord and tenant can agree to maintain the tenancy by waiving rent during the period the property is uninhabitable. The tenant is free to temporarily move out while the repairs are being completed.

Another option is that if the property is only partly uninhabitable, the tenant can choose to stay in the property while repairs are being carried out. However, tenants should only choose this option if the damage is relatively minor and there are no safety risks.

Finally, it’s important to remember that even if your building never sees a flood or catastrophic event, it’s likely that at some point, you’ll have to deal with a leak. By getting prepared ahead of time, when an issue does occur, you’ll be armed with the knowledge and expertise to deal with the problem swiftly and effectively.

BECOMING A MEMBER IS EASY....

The introduction of the SCA (NSW) Professional Standards Scheme (PSS) on is the most important undertaking in SCA (NSW)’s 40-year history.

The PSS offers our members’ and their clients a range of benefits, including: •

•

•

The SCA (NSW) will oversee and selfregulate the conduct of all members within a structured professional framework defined by our Code of Ethics; In addition to our internal complaints handling process, the PSS brings a further robust and independent complaints handling process, ensuring clients can be assured of an independent review and response; and An increase in Continual Professional Development (CPD) requirements for Strata Managers and Licensees in Charge, ensuring the industry remains up to date, educated, and aware of their on-going responsibilities to the consumer.

At its core, a PSS exists to help consumers, as well as governments and professionals, to distinguish between the genuinely professional and the growing field of people who are simply claiming to be professional.

The PSS mandates that all SCA (NSW) members must meet enhanced Professional Standards, as well as abide by a Code of Conduct and a Code of Ethics. these requirements uplift consumer protections and restore consumer confidence, and support the professionalism of strata managers. The PSS requirements uplift consumer protections and restore consumer confidence, and support the professionalism of strata managers.

(02) 9492 8200

CONTACT SCA (NSW) TODAY

MEMBERSHIP BENEFITS Join our industry association to access exclusive benefits such as: 9 Credibility and recognition of being a professional member 9 Governed by the Professional Standards Scheme 9 Continuing Professional Development 9 Strata specific education courses 9 Industry awards recognition 9 Networking events 9 Access to resources and templates WHO WE ARE The peak industry body for Strata and Community Title Management in NSW. WHAT WE DO Proudly fulfil the dual roles of a professional association and consumer advocate for strata managers, strata owners and suppliers to the sector.

WHY IT MATTERS Raises strata industry standards overall and provides members with professional recognition and a competitive advantage.

membership.nsw@strata.community

nsw.strata.community

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Your source of reliable Strata news and information since 2013 Providing detailed, practical, and easy to understand strata information to all Australians.

Articles & Q&As The Strata Magazine Webinars & Newsletters The LookUpStrata Directory

34 www.lookupstrata.com.au

LIST MY BUSINESS

ANTENNAS Install My Antenna

Professional TV Antenna Service For You Today P: 1300 800 123 W: https://www.installmyantenna.com.au/ E: info@installmyantenna.com.au

EDUCATION & TRAINING LookUpStrata

Australia’s Strata Title Information Site W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au

Your Strata Property

Demystifying the legal complexities of apartment living

W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au

Strata Community Association P: 02 9492 8200 W: https://www.strata.community/ E: admin@stratacommunity

SOFTWARE Taskflo

Online Building and Facilities Management P: 1300 850 837 W: https://www.taskflo.com.au/ E: Info@taskflo.com.au

Mimor

Connecting People – Creating Communities P: 0414 228 644 W: https://www.mimor.com.au/ E: info@mimor.com.au

Stratabox

Customer Service Software for Strata P: 1300 651 506 W: https://stratabox.com.au/ E: contact@stratabox.com.au

ResVu PTY LTD

Building Confidence P: 08 7477 8991 W: https://resvu.com.au/ E: enquiries@resvu.com.au

StrataMax

Streamlining strata P: 1800 656 368 W: https://www.stratamax.com/ E: info@stratamax.com

MYBOS

Building Management - Residential & FM Schemes P: 1300 912 386 W: https://www.mybos.com.au/ E: sam@mybos.com.au

Strata Vault

Securely share documents with third parties P: 1300 0 VAULT (82858) W: https://www.stratavaults.com/ E: julie@thestratavault.com

Urbanise

Automate your workload to increase efficiency.

P: 1300 832 852 W: https://www.urbanise.com/ E: marketing@urbanise.com

ACCOUNTANTS Tinworth & Co

Chartered Accountant & Strata Auditors P: 0499 025 069 W: https://www.tinworthaccountants.com.au/ E: caren.chen@tinworth.com

FACILITY MANAGEMENT LUNA

Building and Facilities Manager P: 1800 00 LUNA (5862) W: https://www.luna.management/ E: info@luna.management

First Facility Management Pty Ltd Putting You First P: 042083404 W: https://firstfm.net.au/ E: admin@firstfm.net.au

Noble Management Group

We offer premium services in Facilities Management

P: 1300 242 083 W: https://www.noblemg.com.au/ E: grepice@noblemg.com.au

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BUILDING ENGINEERS & INSPECTORS Auric Projects

Managing clients’ property projects professionally P: 02 9918 2200 W: https://auricprojects.com.au/ E: info@auricprojects.com.au

Sedgwick

Building Consultancy Division & Repair Solutions W: https://www.sedgwick.com/solutions/global/au E: info@au.sedgwick.com

Leary & Partners

Quantity surveying services since 1977 P: 1800 808 991 W: https://www.leary.com.au/ E: enquiries@leary.com.au

Mabi Services

Valuations, Maintenance Plans, Asbestos P: 1300 762 295 W: https://www.mabi.com.au/ E: info@mabi.com.au

HFM Asset Management Pty Ltd Building Efficiency P: 1300 021 420 W: https://www.hfmassets.com.au/ E: info@hfmassets.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

Voltin

10,000 safer cities P: 1800865846 W: https://www.voltin.com.au/ E: accounts@voltin.com.au

Roscon

Property services & facilities management P: 1800 767 266 W: https://www.roscon.com.au/ E: info@roscon.com

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Core Project Consulting

Independent Expertise. We’ve got you covered!

P: 02 8961 3250 W: https://core.engineering/ E: admin@core.engineering

Seymour Consultants

Body Corporate Report Specialists W: https://www.seymourconsultants.com.au/ E: info@seymourconsultants.com.au

Forte Asset Services

Operational Excellence in Every Building P: 1300 920 752 W: https://www.forteassetservices.com.au/ E: info@forteas.com.au

Independent Inspections

Sinking Fund Forecast, Insurance Valuations, OHS P: 1300 857 149 W: http://www.iigi.com.au/ E: admin@iigi.com.au

QIA Group

Comapliance Made Easy P: 1300 309 201 W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au

Budget Vals

Built For Strata P: 1300 148 150 W: https://www.budgetvals.com.au/ E: reports@budgetvals.com.au

Solutions in Engineering

Quality Reports On Time, Every Time!

P: 1300 136 036 W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com

Landlay Consulting Group

A Strata Remedial Consultancy P: 02 8095 8556 W: https://www.landlay.com.au/ E: admin@landlay.com.au

GQS

Quantity Surveyors & Building Consultants P: 1300290235 W: https://gqs.com.au/ E: info@gqs.com.au

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INSURANCE Strata Insurance Solutions

Protecting owner assets is who we are P: 1300 554 165 W: https://www.stratainsurancesolutions.com.au/ E: info@stratainsurancesolutions.com.au

Whitbread Insurance Brokers Empower Your Vision P: 1300 424 627 W: https://www.whitbread.com.au/ E: info@whitbread.com.au

QUS Pty Ltd

Strata Insurance Underwriting Agency P: 1300 814 011 W: https://www.qus.com.au/ E: qus@qus.com.au

CHU Underwriting Agencies Pty Ltd

Specialist Strata Insurance Underwriting Agency P: 1800 022 444 W: https://www.chu.com.au/ E: info_nsw@chu.com.au

Strata Community Insurance

Protection for your strata property. And you.

P: 1300 724 678 W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au

Flex Insurance

Your Cover Your Choice P: 1300 201 021 W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au

ROOFING Apt Roofing Pty Ltd

Everything Roofing!

P: 02 9666 7373 W: https://www.aptroofing.com.au/ E: admin@aptroofing.com.au

STRATA LAWYERS Holman Webb Lawyers

Kerin Benson Lawyers Pty Ltd

Specialised Legal Advice for Strata P: 02 8706 7060 W: https://kerinbensonlawyers.com.au/ E: enquiries@kerinbensonlawyers.com.au

Bannermans Lawyers

High Quality Specialist Legal Services P: 02 9929 0226 W: https://www.bannermans.com.au/ E: enquiries@bannermans.com.au

Grace Lawyers

Know. Act. Resolve.

P: 02 9284 2700 W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au

Speirs Ryan

Client focused, boutique property law firm P: 02 9248 3400 W: https://www.speirsryan.com.au/ E: ssaw@speirsryan.com.au

Watson & Watson Lawyers

“when experience matters”…..

P: 02 9221 6011 W: https://www.watsonandwatson.com.au/ E: richard@watsonandwatson.com.au

RC & CO Lawyers

Effective, resource, clear.

P: 1300 072 626 W: https://www.rccolawyers.com/ E: assistant@rccolawyers.com

Bugden Allen Graham Lawyers

Specialising in property development & strata law P: 02 9199 1055 W: http://www.bugdenallenlawyers.com.au/ E: info@bugdenallenlawyers.com.au

JS Mueller & Co Lawyers

Specialist ‘Plain English’ NSW Strata Lawyers P: 02 9562 1266 W: https://www.muellers.com.au/ E: enquiries@muellers.com.au

Body Corporate and Strata Dispute Experts P: 61 732 350 100 W: https://www.holmanwebb.com.au/ E: contact@holmanwebb.com.au

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STRATA MANAGEMENT Premium Strata

Diamond-Class strata management agency P: 02 9281 6440 W: https://www.premiumstrata.com.au/ E: info@premiumstrata.com.au

Vital Strata

Strata Made Simple P: 02 9008 1112 W: https://www.vitalstrata.com.au/ E: hello@vitalstrata.com.au

Sky Living Strata

Providing a superior customer experience P: 02 9299 1100 W: https://www.skylivingstrata.com.au/ E: enquiries@skylivingstrata.com.au

Bright & Duggan

Strata Professionals P: 0299027100 W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au

Civium Communities

When you build trust, you build a community P: 1300 724 256 W: https://civium.com.au/ E: clientservices@civium.com.au

Norwest Strata Management

Efficient & Effective Strata Management Solutions P: 02 9086 9123 W: https://www.norweststrata.com.au/ E: mail@norweststrata.com.au

The Strata Collective

A next generation strata manager. People matter.

P: 02 9879 3547 W: https://www.thestratacollective.com.au/ E: rsmith@thestratacollective.com.au

Strata Central

Boutique Strata Management Services W: https://stratacentral.com.au/ E: enquiries@stratacentral.com.au

STRATA REPORTS EYEON Property Inspections

Buy and Sell with More Confidence P: 1300 798 274 W: https://www.eyeon.com.au/ E: info@eyeon.com.au

BIV Reports

Specialist in Strata Compliance Reports P: 1300 107 280 W: https://www.biv.com.au/ E: biv@biv.com.au

Covid19 Plans

Covid19 Safety Plans for Strata P: 1300 828 344 W: https://covid19plans.com.au/ E: plans@covidplans.com.au

CLEANING Pacific Facility Services

Strata Property Cleaning & Ground Maintenance Services

P: 1300 378 388 W: http://www.pacificfs.com.au/ E: a.smith@pacificfs.com.au

Ai Odour Control Systems

Actualise your facilities’ potential P: 1300 728 760 W: https://www.aiodourcontrolsystems.com.au/ E: info@aiodourcontrolsystems.com.au

STRATA LOAN PROFESSIONALS StrataLoans

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: 1800 843 372 W: https://lannock.com.au/ E: strata@lannock.com.au

Townhouse Strata PTY Ltd

Strata Management with a Difference P: 02 4971 0363 W: https://www.townhousestrata.com.au/ E: alan@townhousestrata.com.au

38 www.lookupstrata.com.au

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CLOTHESLINES Lifestyle Clotheslines

Clothesline and washing line supplier & installer P: 1300 798 779 W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au

DEFECT RESTORATION Klaar

The Strata Building Specialists P: 02 8003 4547 W: https://klaar.com.au/ E: build@klaar.com.au

MJ Engineering Projects

Remedial Consultant Engineers P: 1300 571 991 W: https://mjengineeringprojects.com.au/ E: info@mjengineeringprojects.com.au

ELECTRICAL Altogether Group

Power.Water.Data P: 1300 803 803 W: https://altogethergroup.com.au/ E: eaustin@altogethergroup.com.au

Energy On Pty Ltd

Providing utility network solutions P: 1300 323 263 W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au

ENM Solutions

Providing Solutions for Embedded Networks P: 03 9836 6366 W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au

McIntosh Electrical Pty Ltd

Powered by Trust P: 1300 627 727 W: https://www.mcintoshelectrical.com.au/ E: jenny@mcintoshelectrical.com.au

INTERNET & TELECOMMUNICATIONS Spirit Technology Solutions Do IT with Spirit P: 1800 774 748 W: https://www.spirit.com.au/ E: developers@spirit.com.au

FIRE SERVICES 2020 Fire Protection

Experts in Fire Protection for Strata P: 1300 340 210 W: https://www.2020fireprotection.com.au/ E: service@2020fire.com.au

Fire Safety Constructions

Compliant Specialist since 1999 P: 02 9945 3499 W: https://www.firesafetyconstructions.com.au/ E: info@firesafetyconstructions.com.au

Linkfire Pty Ltd

Your Essential Safety Partner P: 1300 669 439 W: http://www.linkfire.com.au/ E: sales@linkfire.com.au

Betta Fire Protection

Compliance you can trust P: 02 8669 9108 W: https://bettafireprotection.com.au/ E: info@bettafireprotection.com.au

PAINTING 3 Colours Painting Services P: 1300 883 635 W: https://3colours.com.au/ E: 3colours@3colours.com.au

Calibre Coatings

Delivering Excellence in Painting Services P: 08 9331 5553 W: https://www.calibrecoatings.com.au/ E: wa@calibrecoatings.com.au

Higgins Coatings Pty Ltd

Specialist painters in the strata industry P: 1300 HIGGINS W: https://www.higgins.com.au/ E: info@higgins.com.au

Dulux Property Services

Total Building Maintenance & Remedial Solutions P: 0434 834 799 W: https://www.duluxconstructionsolutions.com.au/ E: propertyservice@dulux.com.au

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PLUMBING Sydney Central Pumps

Fixing Pump Problems within for 20+ years P: 1300 558 059 W: https://www.scpumps.com.au/ E: service@scpumps.com.au

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

The Window Guy

Stormwater Sydney

Inspection, Repair and Maintenance of drainage assets

P: 1300 741 003 W: https://stormwatersydney.com/ E: admin@stormwatersydney.com

HYDRAULICA Pty Ltd

Specialise in Drain & Pipe Cleaning W: https://www.hydraulica.com.au/ E: darren@hydraulica.com.au

The Drain Man

Blocked Drain? The Drain Man can help P: 1800 843 372 W: https://www.thedrainman.com.au/ E: enquiries@thedrainman.com.au

FRANCHISERS Network Pacific Strata Franchise

Join our successful team P: 03 9999 5488 W: www.networkpacificstratafranchise.com.au/ E: networkpacific@franchisedevelopments.com.au

WATERPROOFING Superseal Protective Coatings (SPC) Waterproofing & Epoxy Specialists P: 02 9774 1004 W: https://www.spcau.com/ E: info@spcau.com

Danrae Group

Don’t choose any guy, choose The Window Guy! P: 1300 663 664 W: https://www.thewindowguy.com.au/ E: info@thewindowguy.com.au

Select Window Installations

Windows & door replacement specialists P: 02 9938 1500 W: https://www.selectwindows.com.au/ E: sales@selectwindows.com.au

SUSTAINABILITY & ENERGY The Green Guys Group

Australia’s Leading Energy Saving Partner P: 1300 511 875 W: https://greenguys.com.au/ E: sean@greenguys.com.au

Humenergy

People, innovation and value sharing P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au

LIFTS & ELEVATORS 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

Remedial Waterproofing & Building Specialists P: 1800 326 723 W: https://www.danraegroup.com.au/ E: enquiries@danrae.com.au

QUATRIX PTY LTD

The Superseal Group

Lock, Stock & Barrel Locksmiths Pty Ltd

Trusted Experts in all aspects of Waterproofing P: 07 5519 4916 W: https://supersealgroup.com/ E: admin@supersealgroup.com

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Intercoms, Access Control, CCTV, Data Installation P: 1300 659 939 W: https://www.quatrix.com.au/ E: info@quatrix.com.au No matter what time of the day, we’re here P: 0411 700 072 W: https://www.lsblocksmiths.com.au/ E: info@lsblocksmiths.com.au

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DELIVERY & COLLECTION SERVICES Groundfloor™

Australian parcel, mail, and refrigerated lockers P: 0399824462 W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com

PROJECT MANAGEMENT Valen Project Services

Client-Side Project Management Specialists P: 02 8542 4293 W: https://valenprojects.com.au/ E: enquiries@valenprojects.com.au

CONSULTING Strata Solve

Untangling strata problems P: 0419 805 898 W: https://stratasolve.com.au/ E: chris@stratasolve.com.au

INVESTMENT SERVICES Strata Guardian

Fight low returns and rising levies with us.

P: 1300 482 736 W: https://www.strataguardian.com/ E: contact@strataguardian.com

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 NSW 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

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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