The NSW Strata Magazine | December 2022

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The NSW STRATA MAGAZINE

DECEMBER 2022

Lack of slope causing pooling on a balcony

Page 6 | Sedgwick

Can a deferred motion be amended?

Page 22 | Bright & Duggan

Preparing for the end of financial year: timeline Page 28 | Strata Choice

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, a body corporate company in SEQ, and is currently in her third term on the SCA (WA) Education and Professional Development Committee now known as the Industry Understanding Committee.

Nikki is also known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.

Liza came on board in early 2020 to bring 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.

Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au

Disclaimer: The information contained in this magazine, including the response to submitted questions, is not legal advice and should not be relied upon as legal advice. You should seek independent advice before acting on the information contained in this magazine.

www.lookupstrata.com.au 2 www.lookupstrata.com.au 2 www.lookupstrata.com.au 2

www.lookupstrata.com.au 2

Liza Jovicic Sales and Content Manager

Shane Williamson, Williamson Lawyers Pty Ltd 6 Lack of slope causing pooling on a balcony

James McIntosh, Sedgwick

Restricting access to a ‘right of way’ easement

Eddie Parada, Australian Strata Management

Process to assign a name to our building

Leanne Habib, Premium Strata

Tyrone Shandiman, Strata Insurance Solutions

Chris Irons, Strata Solve

Rob Broadhead, 2020 Fire Protection

How does an owner make a qualified request for a meeting?

James Moir, Madison Marcus

Can a special resolution take place at the annual AGM?

Rod Smith, The Strata Collective

Can a deferred motion be amended?

Andrew Terrell, Bright & Duggan

Can an owner nominate more than one person to the strata committee?

Leanne Habib, Premium Strata 26 Cyber security... The greater the loss, the more eye catching the headline

SCA (NSW) 28

Preparing for the end of financial year: timeline

Tim Sara, Strata Choice 32 The NSW LookUpStrata Directory

Thanks to our sponsors

4 Can we split our strata plan of townhouses and apartments into two?
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12 Repairing damage during the insurance dispute resolution process
14 Deadlocked in a four lot strata building
16 Can I change the lock on my fire door?
Contents
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Can we split our strata plan of townhouses and apartments into two?

Our strata plan has 3 blocks of 6 townhouses and one block of 9 apartments. The expenses of the townhouses are very different to those of the apartment block. Can we split the strata plan into two?

We own a townhouse in a strata plan in NSW. The Strata Plan includes 3 blocks of 6 townhouses and one block of 9 apartments. I am a member of the strata committee and we are finding that the needs and expenses of the townhouses are very different to those of the apartment block.

Is it possible to split the strata plan into two i.e. the 3 townhouse blocks in one and the apartment block in another? The buildings are all quite separate but share some common services and property although there are clear boundaries between each of the buildings.

It appears the problem you are experiencing arises from the allocation of the unit entitlements.

It appears the problem you are experiencing arises from the allocation of the unit entitlements. The unit entitlements are determined at the time of the registration of the strata plan and should be based upon the market values of the lots. You may have a situation where the townhouses have higher market value and accordingly higher unit entitlements whereas the apartments are smaller and have lower unit entitlements

and pay lower strata levies but, due to the additional services they require, the apartments have higher maintenance costs.

There are two ways the unit entitlements can be changed. By the creation and registration of a strata plan of subdivision or by obtaining orders from the NSW Civil and Administrative Tribunal pursuant to section 236 of the Strata Schemes Management Act 2015. In either case you will likely face opposition from the apartment owners. A strata plan of subdivision which includes common property will require a special resolution (that is, not more than 25% of the value of the votes are against the resolution) which may make it difficult or impossible to implement. Obtaining an order pursuant to section 236 is also not easy as the application needs to be supported by a certificate from a valuer which will need to take into account the unit entitlements for all of the lots in the scheme.

My suggestion is that the strata committee start by making enquiries with a valuer who has experience issuing valuation certificates for the registration of strata plans and obtain preliminary advice in relation to whether there is the potential to adjust the unit entitlements. If the owners corporation receives advice from a valuer that the unit entitlements are unreasonable the owners corporation will need to obtain legal advice on how best to proceed.

Shane

www.lookupstrata.com.au 4
READ MORE HERE

When you finance your strata project with Lannock, you are dealing with the industry experts. Having operated for nearly 20 years, our friendly team have the knowledge and experience to deliver the funds you require.

We finance capital works for owner corporations and body corporates around Australia including repairs, renovations, cladding rectification, defect rectification, strata asset renewal, professional services, litigation and re-development.

5

Lack of slope causing pooling on a balcony

Can a step down and membrane compensate for lack of slope causing pooling on a balcony?

When you are addressing an issue in relation to a balcony, a sliding door or a cavity, we don’t recommend dealing with issues in isolation.

An adequate step down and membrane system will prevent water from going laterally into the sole occupancy unit.

However, if you’ve got substrate or fall (slope) issues in your actual balcony itself, that potentially creates its own issues, for example, a slip hazard. If you’ve got water that is never receding and pooling in an area, you’ve got a loss of amenity.

You can’t go out onto the balcony in your socks in dry weather and traverse that area.

It also has the ability to promote efflorescence leaching out of the minerals that are contained in the bedding material and the grout joints. You’re going to have unsightly efflorescence coming around the grout joints in your tiles.

If it’s left for an extended period of time, this has the ability to break down the bond that exists between the adhesive of your tiles, your bedding material, and of course, your membrane as well. A bedding system is intended to drain and not remain saturated, if the substrate or surface of the floor is not adequately drained there is a high risk of degradation of the system.

The answer to the question is probably yes and no. It’s not ideal to retain a flooring system that features a lack of fall however if it isn’t resulting in a loss of amenity or water ingress below or

www.lookupstrata.com.au 6
READ MORE HERE BUILDING CONSULTANCY • Defect reports & forensic engineering • Scope of works • Dilapidation & risk surveys • Dispute mediation and expert witness • Contractor procurement and cost validation • Construction management • Capital Works Funds/Maintenance Plans • Digital Capability REPAIR SOLUTIONS • Emergency make safe • Fire water damage restoration • Leak detection • Contamination response • Building repairs • Cost validation services • Digital Capability Supporting Owners and Strata Managers with tailored remediation and repair solutions 1300 735 720 sales@au.sedgwick.com 1300 654 599 sales@au.sedgwick.com beside, this is often not resolved by building owners out of cost vs necessity considerations. When you are addressing an issue
to a balcony, a sliding door or
cavity, we
recommend dealing with issues
isolation. Our recommendation is to deal with it
in a cohesive way and make sure everything is compatible and compliant. Please let me know if you have any questions or would like to make changes.
McIntosh | Sedgwick james.mcintosh@au.sedgwick.com
in relation
a
don’t
in
all
James

Restricting access to a ‘right of way’ easement

Our strata units have a right of way to allow access to two buildings further down the path. Unauthorised people walk through our property. Can we put a lock on the gate and only allow authorised people through.

Our block of 6 strata units has a right of way leading through our property to allow access to two buildings further down the path. People not associated with the buildings walk through our property to access the next street. They are not entitled to do so.

We have had nuisance people coming through the gate into our property and intimidating some of our owners. Are we able to put a lock on the gate if we issue the authorised ‘right of way’ owners a key? In order to do this, who do we need permission from?

Contact a lawyer to give you general advice concerning your rights and obligations before putting locks on the gate.

To consider having permission to put a lock on the ‘right of way’ gate is not a cut and dried proposition, with a lot of factors to establish. The first place to start in determining the right course of action to manage / prevent foot traffic nuisance is with your Title Documents. You need to confirm what type of ‘Right of Way’ or easement exists over the common driveway, assuming it’s a dual driveway/footpath. In Common Driveway Laws in NSW (often referred to as shared driveway laws under the theme of

property law and easements) there are 3 main types of easements:

• Right of Carriageway: right for a person authorised to drive a vehicle;

• Right of Footway: a person authorised to walk or bicycle over specified parts;

• Right of Way: right for a person authorised to drive, walk use in general terms.

Therefore, if you have a ‘Right of Way’ shown on your title, you are not allowed to obstruct the use of any part of that right by the person who enjoys that right as you can’t be 100% sure none of the residents in the other two blocks aren’t using the ‘Right of Way’ to access the lower street as other non-residents do. Further consideration would have to be given to safety. If it’s a dual vehicle and foot traffic, what are your insurance limitations in the event of an incident and are there signs clearly notifying the restricted use of the ‘Right of Way’?

I would also recommend contacting a lawyer to give you general advice concerning your rights and obligations before putting locks on the gate, even though your intent is to provide keys to residents there might be fire evacuation restrictions. You should also have the lawyer give you advice if the culprits are potentially trespassing, and to check what easements there are on your property. In NSW, you can contact NSW Land and Registry Services. They have all relevant information on the types of easements and details of easements on your property.

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READ MORE HERE

Process to assign a name to our building

Our Committee has been requested to investigate naming our building. What’s the best and fairest way to involve everyone in the naming process? What else do we need to consider?

A resident recently suggested that it would be nice to give our NSW strata building a name. It currently just has a street number. Many others share this view and have requested that our SC look into the appropriate procedures.

It is generally acknowledged by a significant number of unit owners that giving our building a name portrays character, can lift its persona and potentially make the property more desirable for owners wanting to sell or invest. The SC is therefore keen to make this work for the benefit of all.

Acquiring then affixing an attractive nameplate is certainly not maintenance, and arguably not a capital works expense either.

To gain support and bring our community together, our initial concept was to have a naming competition, inviting supportive resident owners to suggest suitable names, before finalising a short list to vote on at the next AGM. This would be a positive procedure where everyone could contribute. There is regrettably a small minority that, regardless of any justification, see this intuitive as nothing

other than a divisive and worthless scheme to squander finite funds on an unnecessary absurdity.

Has anyone defined a practical way to introduce constructive ideas like this, without fuelling the usually highly vocal and disruptive arguments of a small negative minority?

Once a name has been chosen, bear in mind that a special resolution will need to be passed for the “erection” of the sign/”addition” to the common property.

We have not encountered such an initiative but your proposed process seems like a sensible approach.

Once a name has been chosen, bear in mind that a special resolution will need to be passed for the “erection” of the sign/”addition” to the common property. We recommend you also contact local council in case they have any requirements/restrictions in relation to your proposed course.

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

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READ
MORE HERE

Repairing damage during the insurance dispute resolution process

Repairing during dispute resolution is something I would highly recommend if you have the means to do so.

Absolutely. Yes, you should. If the insurer has assessed and denied the claim, conducting repairs will not be prejudicial to your claim.

Repairing during dispute resolution is something I would highly recommend if you have the means to do so. The reason why this can be useful for you is if the insurance company is using expert witnesses and you engage a builder to do the repairs, they might find something that the expert witnesses have said which isn’t right or correct. Repairing damage with a qualified builder or tradesman

is a really good opportunity for you to get information about the insurers expert witness report and you may get that advice for free.

If you’re paying a builder to do a repair, they’re probably more than happy to put a few sentences together in an email as to whether they disagree with a certain report and why.

Also, carrying out repairs at that stage is going to help you in quantifying your loss. If you’ve got the final invoice, you can add that to your dispute submission.

READ MORE HERE

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While waiting for dispute resolution on a claim, can you repair damaged areas?

Deadlocked in a four lot strata building

In our four lot building, two lots are owned by a couple and nothing ever gets done. Is this how a strata building should be run?

I have just bought one of four townhouses. The builder owns one and his wife own another, so they have two of the four votes in the strata. I have a possum in my roof and their answer is “No, we are not fixing that”. The builder and his wife manage the building. There are no meetings and no minutes. Is this how a strata building should be run?

When

If the votes in your building are always deadlocked, as you say they are, then it’s going to be difficult, if not impossible, to get things done. If you want things to change, then you’re

going to have to take up the case, whether that be communicating and negotiating with your fellow owners to have things done differently, or seeking quotes from an external manager to potentially provides services for your scheme, or seeking qualified advice on your rights.

Unless you take it upon yourself to do these things, it’s very likely things will stay as they are. And no, I don’t think that’s how a strata building should be run.

While I’m no expert on NSW Strata law, I can comment generally.

READ MORE HERE

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votes in a small building are deadlocked, if you want this to change, you need to take up the case.

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Can I change the lock on my fire door?

Do I need approval to change the lock on my fire door? If so, what lock can I use?

We’ve been told the door to our apartment is a fire door and part of the common property. Can I change the lock on the door? Do I need approval to change the lock? What lock can I use so that the door is still fire safe and compliant?

You must get permission from strata. The lock has to be one that is approved for use with that fire door.

The door is owned by the owners corporation and is common property. It is not owned by the lot owner. We all have a right to secure our own premises. These two things conflict a little, but in simple terms, your door is owned by the strata. If you wish to modify it in any way, you must get permission from strata and that includes changing the lock.

What can you use? The lock has to be one that is approved for use with that fire door. You really need to go back to the

door manufacturer and find out what locks have been approved for use on that door or on that tested example.

When doors are originally put to market, they are type tested. The door is fitted with individual locks and closers and all the things that might be attached to a door and then it’s fired up in a furnace and they burn it to see whether it will work. So, if it’s a fire door, the lock must match the door type and model and be tested with that type and model of door.

READ MORE HERE

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Rob Broadhead | 2020 Fire Protection rob.broadhead@2020fire.com.au

How does an owner make a qualified request for a meeting?

A lot owner has made a qualified request for a general meeting. His motion does not include any item to be voted on. Can he pick the time and place of the meeting?

A lot owner has made a qualified request for a general meeting. He has presented a document of 1680 words which he is calling the motion, but so far the motion does not contain a resolution or statement to be voted on.

The strata committee has asked for the motion to be amended to include a resolution and provided a link to the example on the LookUpStrata site.

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The lot owner has sent an email to all other owners stating the time and date of the meeting (in 9 days’ time) but no agenda has been completed yet or sent to lot owners due to the ‘motion’ not containing a resolution to vote on. Does the ‘…14 days after receipt of a qualified request’ still apply?

Is a lot owner (who is not a committee member) able to set a time and date for a general meeting?

The lot owner who issued the qualified request does not get to choose the time and place for the meeting.

The obligation on the secretary is to include the motion as written, assuming it also contains an explanatory note. If the motion is defective (for example there is nothing to vote on), then the Chairperson can rule it out of order at the relevant meeting, under Schedule 1 clause 19, as it would be unenforceable. It is not the strata committee’s job to fix up defective motions.

For the qualified request, the necessary percentage of owners need to sign it (25% of the unit entitlement).

The lot owner who issued the qualified request does not get to choose the time and place for the meeting. This is done by the Secretary, whose role it is to convene the meeting under section 19(2) (and generally).

READ MORE HERE

Can a special resolution take place at the annual AGM?

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In practice, special resolutions occur at both Annual General Meetings and Extraordinary General Meetings.

A special resolution is defined under Section 5 of the Strata Schemes Management Act 2015. A resolution of the Owners Corporation is a “special resolution” if: a. it is passed at a properly convened general meeting, and b. of the value of votes cast–

i. not more than 25% are against the resolution, or ii. if the resolution is a sustainability infrastructure resolution–less than 50% are against the resolution.

In practice, special resolutions occur at both Annual General Meetings and Extraordinary General Meetings.

So to answer your question, yes a Special Resolution can be passed at an Annual General Meeting.

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

The Strata Collective. Where People Matter.

The Strata Collective was formed with a simple goal –to provide a professional strata management service to clients who want a close, personal relationship with their Strata Manager.

We are a next generation Strata Management business that you can count on. Find out more about our award-winning services at thestratacollective.com.au

Can you please advise if a special resolution can take place at the annual AGM, or is a special meeting needed?
READ MORE HERE

Can a deferred motion be amended?

Can a deferred Motion be amended at an Association Committee meeting?

Logically, a motion at an adjourned meeting could be amended provided the motion is substantially the same motion.

There’s nothing in the Act regarding deferred motions for committee meetings, or the amendment of motions at committee meetings. Below are the relevant sections of the Community Lands Management Act 2021: See Schedule 2.

Logically, a motion at an adjourned meeting could be amended provided the motion is substantially the same motion (e.g. decision on a cleaner not being amended to be a decision on a gardener).

14 Adjournments

1. A meeting may be adjourned for any reason if a motion is passed at the meeting for the adjournment.

2. The time and place at which a meeting adjourned under this Part is to be resumed must be fixed by the person who was presiding at the meeting.

3. The secretary of the association must give to the members of the association, at least 1 day before the resumed meeting, a notice specifying the time and place of the meeting.

4. Notice is to be given in writing (including by email or other electronic means).

7 Decisions at meetings

1. Voting at meetings A motion put to a meeting is to be decided according to a majority of the number of the votes cast for and against the motion by the members present

(other than any tenant member, in the case of a neighbourhood committee) or in the manner set out in subclause (3).

2. If there is only 1 member of the association committee, the decision of the committee is the decision of that member.

3. Voting in writing A motion proposed to be put to a meeting is taken to have been validly passed even if the meeting was not held if— a. notice was given of the meeting in accordance with this Schedule, and b. a copy of the motion was given to each member of the committee, and c. the motion was approved in writing by a majority of the members of the committee (other than any tenant member, in the case of a neighbourhood committee).

4. Decisions to have no effect if opposed by more than specified owners A decision of an association

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committee has no force or effect if, before the decision is made, notice is given to the secretary of the association by 1 or more owners of relevant lots, the sum of whose unit entitlements exceeds one-third of the total unit entitlements, that the making of the decision is opposed by those owners.

5. Voting rights cannot be exercised if contributions not paid A member of the association committee is not entitled to vote on any motion put or proposed to be put to the committee if the member was, or was nominated as a member by a member who was, an unfinancial member of the scheme at the date notice of

the meeting was given and the amounts owed by the unfinancial member were not paid before the meeting.

6. Tenant member not entitled to vote A tenant member of a neighbourhood committee is not entitled to vote on any motion put or proposed to be put to the committee.

8 Manner of voting

1. A vote at a meeting by a person entitled to vote must be cast in person unless the association committee, by resolution, determines that a vote may be cast by some other specified means.

Note—

2. A person may be present at a meeting even if not

actually at the meeting (see the Dictionary definition of person present).

a. The regulations may make provision for or with respect to the following—

b. the means of voting (other than in person) that may be adopted by an association committee,

c. without limiting paragraph (a), procedures for voting by those means,

prohibiting the use of specified means of voting.

Andrew Terrell | Bright & Duggan

Andrew.Terrell@bright-duggan.com.au

READ MORE HERE

Leanne

www.lookupstrata.com.au 24 Can an owner nominate more than one person to the strata committee?
Committee Nominations WHO CAN NOMINATE
future reference, you may wish to download the two charts below:
Can Nominate’ and
is Eligible
Who is Not Eligible’.
Strata
For
‘Who
‘Who
&
Click here to download At the AGM, can an owner nominate more than one person to the strata committee? One nomination per lot. Each owner is limited to one nomination for each lot that they own. READ MORE HERE
Habib | Premium Strata info@premiumstrata.com.au

WHO IS ELIGIBLE & WHO IS NOT ELIGIBLE

25
Click here to download
ARE The peak industry body for Strata and Community Title Management in NSW.
WE DO We are a professional association and consumer advocate for strata managers, strata owners and suppliers to the sector. WHY IT MATTERS We raise strata industry standards and provide members with professional recognition and a competitive advantage. BECOMING A MEMBER IS EASY.... To access exclusive benefits such as 9 Enhanced credibility and recognition of being an accredited professional member 9 Continuing Professional Development 9 Strata specific education courses 9 Industry awards recognition 9 Networking events 9 Access to resources, best practice guides and templates JOIN SCA ( NSW ) TODAY Strata Community Association (SCA NSW) is the peak professional industry body and consumer advocate for Strata and Community Title Management in New South Wales. Membership includes strata managers, support sta , and strata service providers to the industry. SCA (NSW) has in excess of 3,000 members who help oversee, advise or manage over 750,000 lots in NSW. SCA (NSW) champions consumer rights and advocates for the highest industry standards and professionalism.
WHO WE
WHAT

CYBER SECURITY....

THE GREATER THE LOSS, THE MORE EYE CATCHING THE HEADLINE....

“OPTUS NOTIFIES CUSTOMERS OF CYBER ATTACK COMPROMISING CUSTOMER INFORMATION.”

The events of the past week have revealed that 9.8 million past and current Optus customers have been a ected and exposed to cybercrime with the the of their names, dates of birth, phone numbers, email addresses, and for a subset of Optus customers, home addresses and ID document numbers, such as driver’s licence or passport numbers.

Close to home

Cybercrime is continuously evolving. It a racts those with intellectual minds – both lawful and criminal – because of its complexity, its constant evolution and its seat on the cu ing edge of digital innovation.

All companies, large or small, have a social responsibility to be er secure the data they collect and store about, and on behalf of, their customers.

The strata ecosystem is particularly vulnerable due to the payments passing through IT platforms being targeted by cyber criminals.

Think about how much your data is worth as an asset to your company. You should know your data, know the value of your data, know where it is, know how to protect it and know how to respond if it’s compromised.

Apart from a ecting your ability to operate, a major motivation for improving cyber security that’s o en forgo en is the impact of a cyber breach on your customers and importantly, your reputation.

What can we do right now?

All companies should have a comprehensive technology and data protection strategy in place. Cyber Risk Insurance can form an important part of that strategy, to protect you, your business and your customers.

There is an obligation to ASIC to ensure Authorised Representatives, acting under Australian Financial Services Licence, have adequate cybersecurity and cyber resilience

measures in place. As such, tailored Cyber Risk Insurance solutions can be issued.

Cyber Risk Insurance provides cover for firstparty expenses and third-party liability from unauthorised access and use of data or so ware in your IT infrastructure.

• Point of Sale (PoS) intrusions: Remote a acks against retail transactions for cardpresent purchases.

• Physical the and loss: Where information assets go missing through misplacement or malice.

• Cyber espionage: Unauthorised network or system access linked to state -a liated or criminal sources with the motive of espionage.

• Hacking/Crimeware: Malicious or unauthorised IT infrastructure access or malware that aims to gain control of systems.

• Miscellaneous errors: Unintentional actions directly compromising the security a ributes of information assets.

• Insider and privilege misuse: Unapproved or malicious use of organisations’ resources by insiders or external misuse through collusion.

• Cyber extortion: A acks or threatened a acks against IT infrastructure, coupled with demands for money to stop a acks.

• Payment card skimmers: Skimming devices physically implanted on assets that read magnetic stripe data from payment cards.

• Web app a acks: Exploiting code-level vulnerabilities in applications and thwarting authentication mechanisms.

• Privacy error: Your acts or omissions that lead to unauthorised disclosure of data including non-electronic data.

• Denial of service (DoS): Intentional compromising of networks and systems’ availability. Includes network and application layer a acks.

nsw.strata.community (02) 9492 8200 membership.nsw@strata.community

Preparing for the end of financial year: timeline

I manage our OC. Due to timing of our EOFY and my overseas holiday, can I issue the AGM agenda 10 days before the EOFY with an interim Financial Report to be updated at the AGM?

I am an Owner, Chairperson and Strata manager of our Owners Corporation in NSW. Our strata financial year ends on 30 November. We have to hold an AGM before I go overseas in early December and this doesn’t allow me to give the required 7 days’ notice to hold the AGM meeting on the 6 December.

Would I be able to issue the AGM agenda 10 days before with an interim Financial Report and then re-issue the final financial report on the 1 December and also present it at the AGM?

All committee members agree but we want to ensure we aren’t breaching the Strata Scheme AGM Notice Requirement.

Interim financial statements will not suffice, as the Act requires the full financial statements to be given with the notice of the AGM.

For most strata and community schemes in New South Wales, the optimal time to hold an annual general meeting (‘AGM’) is around 4-8 weeks after its financial year has come to an end. Each strata and community scheme will have its own financial reporting period – they do not all align with the normal tax year or calendar year.

For strata schemes:

1. Schedule 1, clause 9 of the Strata Schemes Management Act (‘the Act’) requires the notice of an AGM to include copies of the last statements of key financial information, the auditors report (if applicable) and financial statements (as well as a motion to adopt them).

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2. Section 79 of the Act requires the owners corporation to decide on its budget and levies at each AGM (for the ensuing financial year).

3. Schedule 1, clause 7 of the Act requires that owners be given the notice of a general meeting (including the AGM) 7 days before the meeting.

4. Section 76 of the Interpretations Act requires that a further 7 working days (i.e. not a Saturday, Sunday or public holiday in the place to which a letter is addressed) be allowed for those owners who still receive notices by post (and there is often at least one in any strata scheme).

5. Section 80(3) of the Act requires that owners be given 30 days notice that a levy is due (and another 7 working days must be allowed for those receiving their notice via mail).

Similar legislation applies now for community schemes.

Timeline: Preparing your NSW strata scheme for the end of financial year

When put into practise, we have a timeline that would look something like:

1. Budget is prepared leading up to the beginning of the new financial year.

2. Financial year ends, financial statements can be referred to the auditors (if necessary). The audit can take 2-3 weeks to complete.

3. Financial statements are audited or finalised. The notice of AGM is issued to all owners allowing 3 weeks.

4. The AGM is held. Minutes are distributed within 7 days.

5. Levy notices are issued (giving at least 30 days notice to all owners, plus 7 working days for those receiving them via mail).

Smaller strata schemes that choose not to audit their financials can therefore hold their

AGM in as soon as 3-4 weeks from the end of its financial year. Larger strata schemes requiring audits will take a few extra weeks.

To answer the original question:

• No, it is not practical to hold the AGM before the financial year ends, as the financial statements for the financial year aren’t finalised at that point (and therefore cannot be adopted yet).

• No, interim financial statements will not suffice, as Schedule 1, clause 9(a) of the Act requires the full financial statements to be given with the notice of the AGM (i.e. you cannot table them at the meeting).

I would recommend holding your AGM around early to mid January. This will give you time to end the financial year, finalise the financial statements, give the owners sufficient legal notice and hold the AGM and decide on new levies (as per a new budget) relatively early on in the new financial year.

READ MORE HERE

29
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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@strata.community

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: 0402 083 404

W: https://firstfm.net.au/ E: admin@firstfm.net.au

Performance Facility Management Pty

Building management and Maintenance

P: 1300 477 434

W: https://www.performancefacilitymanagement.com.au/ E: info@performancefm.com.au

Mimor

SOFTWARE

Connecting People – Creating Communities

P: 1300 064 667

W: https://www.mimor.com.au/ E: info@mimor.com.au

Stratabox

Building Confidence

P: 1300 651 506 W: https://stratabox.com.au/ E: contact@stratabox.com.au

Urbanise

Automate your workload to increase efficiency. P: 1300 832 852 W: https://www.urbanise.com/ E: marketing@urbanise.com

ResVu

Customer Service Software for Strata P: 08 7477 8991 W: https://resvu.io/ 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

StrataVault

Connecting people, processes, and applications P: 1300 082 858

W: https://globalvaults.com.au/ E: team@thestratavault.com

LIST MY
PRINT YOUR DIRECTORY HERE
BUSINESS

BUILDING ENGINEERS & INSPECTORS

Sedgwick

Building Consultancy Division & Repair Solutions

W: https://www.sedgwick.com/solutions/global/au E: info@au.sedgwick.com

GQS

Quantity Surveyors & Building Consultants

P: 1300 290 235 W: https://gqs.com.au/ E: info@gqs.com.au

Roscon

Property services & facilities management

P: 1800 767 266 W: https://www.roscon.com.au/ E: info@roscon.com

Budget Vals

Built For Strata

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

QIA Group

Comapliance Made Easy

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

Leary & Partners

Quantity surveying services since 1977 P: 1800 808 991

W: https://www.leary.com.au/ E: enquiries@leary.com.au

Auric Projects

Managing clients

P: 02 9918 2200

W: https://auricprojects.com.au/ E: info@auricprojects.com.au

Mabi Services

Asbestos, Safety & Building Consultants

P: 1300 762 295

W: https://www.mabi.com.au/ E: info@mabi.com.au

Forte Asset Services

FIRE | ELECTRICAL | HVAC

P: 1300 920 752 W: https://www.forteassetservices.com.au/ E: info@forteas.com.au

Quality Building Management

keeping your buildings legally compliant and safe P: 1300 880 466 W: https://qbm.com.au/ E: inspections@qbm.com.au

HFM Asset Management Pty Ltd

Leaders in Building Efficiency

P: 0407 734 260 W: https://www.hfmassets.com.au/ E: david.chokolich@hfmassets.com.au

CORE Consulting Engineers

Delivering 360° engineering solutions for strata P: 02 8961 3250 W: https://coreconsultingengineers.com.au/ E: admin@core.engineering

Seymour Consultants

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

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

Seymour Consultants STRATA COMPLIANCE REPORT SPECIALISTS LIST MY BUSINESS PRINT YOUR DIRECTORYPRINTHEREYOUR DIRECTORY HERE
SC

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

Strataregister.com Pty Ltd

Find the Strata / CT Manager for your property

P: 0411 483 249

W: https://www.strataregister.com/ E: hello@strataregister.com

STRATA 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

Madison Marcus Law Firm

Be Empowered

P: 131 529

W: https://www.madisonmarcus.com.au/ E: strata@madisonmarcus.com.au

Holman Webb Lawyers

Body Corporate Disputes & Litigation Specialists

P: 07 3235 0100

W: https://www.holmanwebb.com.au/ E: shane.roberts@holmanwebb.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

Australia’s leading strata law experts

P: 02 9199 1055

W: https://bagl.com.au/ E: info@bagl.com.au

JS Mueller & Co Lawyers

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

Khoury Lawyers Pty Ltd

Client focused, Results Driven

P: 0415 459 486

W: https://khourylawyers.com.au/ E: pierrette@khourylawyers.com.au

Williamson Lawyers

A construction and strata lawyer ready to listen W: https://www.williamsonlawyers.com.au/ E: shane@williamsonlawyers.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. W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au

Speirs Ryan

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

LIST MY BUSINESS PRINT YOUR DIRECTORY HERE

STRATA MANAGEMENT

Premium Strata

Diamond-Class strata management agency

P: 02 9281 6440

W: https://www.premiumstrata.com.au/ E: info@premiumstrata.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

Bridge Strata P/L

The bridge between you and your corporation

P: 02 6109 7700

W: https://bridgestrata.com.au/wp/ E: jan@bridgestrata.com.au

Bright & Duggan

Strata Professionals

P: 02 9902 7100 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

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

Norwest Strata Management

Efficient & Effective Strata Management Solutions

P: 02 9086 9123

W: https://www.norweststrata.com.au/ E: mail@norweststrata.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

Strata Central

Boutique Strata Management Services

W: https://stratacentral.com.au/ E: enquiries@stratacentral.com.au

Acumen Strata

Tailored Strata Management Solutions

P: 02 7253 5820

W: https://www.acumenstrata.com.au/ E: info@acumenstrata.com.au

Quantum United Management

Creating vibrant and connected communities

P: 61 383 608 800 W: https://www.quantumunited.com.au/ E: info@quantumunited.com.au

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

CHU Underwriting Agencies Pty Ltd

Specialist Strata Insurance Underwriting Agency W: https://www.chu.com.au/ E: info@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

Driscoll Strata Consulting

Knowledge | Experience | Service

P: 0402 342 034 W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au

LIST MY BUSINESS PRINT YOUR DIRECTORY HERE

MJ Engineering Projects

Remedial Consultant Engineers

P: 1300 571 991

W: https://mjengineeringprojects.com.au/ E: info@mjengineeringprojects.com.au

Klaar

The Strata Building Specialists

P: 02 8003 4547

W: https://klaar.com.au/ E: build@klaar.com.au

Altogether Group

Power.Water.Data

P: 1300 803 803

W: https://altogethergroup.com.au/home-business/ E: eaustin@altogethergroup.com.au

ENM Solutions

Providing Solutions for Embedded Networks

P: 1300 000 366

W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au

Energy On Pty Ltd

P: 1300 323 263

W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au

McIntosh Electrical Pty Ltd

Powered by Trust P: 1300 627 727

W: https://www.mcintoshelectrical.com.au/ E: jenny@mcintoshelectrical.com.au

EMERLITE ELECTRICAL SERVICES

We Answer The Phone - No Job Too Big Or Small P: 07 5591 9191

W: https://www.emerlite.com.au/ E: office@emerlite.com.au

Spirit Technology Solutions

Do IT with Spirit

P: 1800 774 748

W: https://www.spirit.com.au/ E: developers@spirit.com.au

2020 Fire Protection

Experts in Fire Protection for Strata

P: 1300 340 210 W: https://www.2020fireprotection.com.au/ E: service@2020fire.com.au

Linkfire Pty Ltd

Your Essential Safety Partner

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

Fire Safety Constructions

Compliant Specialist since 1999 P: 02 9945 3499

W: http://www.firesafetyconstruction.com.au/ E: info@firesafetyconstructions.com.au

Betta Fire Protection

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

Pty Ltd

P: 1300 883 635 W: https://3colours.com.au/ E: 3colours@3colours.com.au

Strata Guardian

painters
Specialist
in the strata industry W: https://www.higgins.com.au/ E: info@higgins.com.au Dulux Property Services
Remedial Solutions
3 Colours Painting Services
Colours Painting Services
Total Building Maintenance &
P: 0411 152 430 W: https://www.duluxconstructionsolutions.com.au/ E: propertyservice@dulux.com.au
3
SERVICES PAINTING LIST MY BUSINESS PRINT YOUR DIRECTORY HERE DEFECT RESTORATION INTERNET & TELECOMMUNICATIONS INVESTMENT SERVICES ELECTRICAL
Fight low returns and rising levies with us. P: 1300 482 736 W: https://www.strataguardian.com/ E: contact@strataguardian.com FIRE

Sydney Central Pumps

Fixing Pump Problems for 20+ years

P: 1300 558 059

W: https://www.scpumps.com.au/ E: service@scpumps.com.au

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

Award-winning drain clearing & relining specialists

P: 1800 843 372

W: https://www.thedrainman.com.au/ E: enquiries@thedrainman.com.au

Mr Washer, Plumber To The Rescue

Over 30 years serving Sydney Strata buildings

P: 02 8583 2360

W: plumbertotherescue.com.au/strata-commercial.html E: jobs@mrwasher.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

Remedial Waterproofing & Building Specialists

P: 1800 326 723

W: https://www.danraegroup.com.au/ E: enquiries@danrae.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

Windowline Pty Ltd

Replacement window and door specialists

P: 02 8304 6400

W: https://windowline.com.au/ E: info@windowline.com.au

The Window Guy

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

Select Window Installations

Windows

P: 02 9938 1500 W: https://www.selectwindows.com.au/ E: sales@selectwindows.com.au

SUSTAINABILITY

Humenergy

People,

P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au

The Green Guys Group

Australia’s Leading Energy

Partner W: https://greenguys.com.au/ E: sean@greenguys.com.au

LIFTS & ELEVATORS

Australia’s

P: 0417 784 245 W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au

Arena Energy Consulting Pty Ltd

P: 0452 411 247

W: https://www.arenaenergyconsulting.com.au/ E: joseph@arenaenergyconsulting.com.au

Simplifying

P: 1300 060 111 W: http://www.strataenergyservices.com.au/ E: info@strataenergyservices.com.au

& door replacement specialists
value
innovation and
sharing
Saving
Innovative Lift Consulting Pty Ltd
Vertical Transportation Consultants
Network Consulting Services
Independent Embedded
Strata Energy Services
Energy For Strata
LIST MY BUSINESS
PRINT YOUR DIRECTORY HERE
ENERGY
PLUMBING WINDOWS & DOORS

Groundfloor™

Australian parcel, mail, and refrigerated lockers

P: 03 9982 4462

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

Insight Resolutions

Reconcile and rebuild through mediation

P: 0413 334 633

W: https://insightresolutions.com.au/ E: vad.mediation@gmail.com

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: 1300 851 585

W: https://lannock.com.au/ E: strata@lannock.com.au

Austrata Finance

Pay Now or Pay Later: It’s Your Choice®

P: 1300 936 560

W: https://austratafinance.com.au/ E: info@austratafinance.com.au

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

Ki Creative Design

Purposeful Design Solutions

P: 0451 541 006

E: kiara.mcilroy@gmail.com

Apt Roofing Pty Ltd

Everything Roofing!

P: 02 9666 7373

W: https://www.aptroofing.com.au/ E: admin@aptroofing.com.au Tinworth

LIST MY BUSINESS
& Co
Accountant &
Auditors
Faulkner Accountancy
Auditing specialists
PTY LTD
Access Control, CCTV, Data,
Stock & Barrel Locksmiths Pty Ltd
SERVICES DELIVERY & COLLECTION SERVICES
& SECURITY PRINT YOUR DIRECTORY HERE STRATA LOAN PROFESSIONALS ACCOUNTANTS
Chartered
Strata
P: 0499 025 069 W: https://www.tinworthaccountants.com.au/ E: caren.chen@tinworth.com Matthew
Strata
P: 0438 116 374 W: https://www.mattfaulkner.accountants/ E: matt@mattfaulkner.accountants QUATRIX
Intercoms,
etc. P: 02 9554 3487 W: https://www.quatrix.com.au/ E: info@quatrix.com.au Lock,
P: 0411 700 072 W: https://www.lsblocksmiths.com.au/ E: info@lsblocksmiths.com.au RECRUITMENT
SAFETY
ROOFING
CLEANING / CLEAN AIR CLOTHESLINES LIST MY BUSINESS Advertise with LookUpStrata Contact administration@lookupstrata.com.au PRINT YOUR DIRECTORY HERE CLICK HERE CLICK HERE As of April 2022, The Strata Magazines received a national audience engagement of around 20,000 views within one month of their release. For the Strata Magazine Media Kit LookUpStrata’s Newsletters have a national audience of over 15,000 subscribers. For the National Newsletter Media Kit VIEW OUR MEDIA KITS Actualised Industries A breath of fresh air P: 1300 728 760 W: https://www.actualisedindustries.com.au/ E: admin@actualisedindustries.com.au Lifestyle Clotheslines Clothesline and washing line supplier & installer P: 1300 798 779 W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au
Attention NSW Strata Service Professionals Join our printable Strata Services Directory Listings are $199 + GST p.a. Click here to join today! → Get Listed → Get Noticed → Get Business
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