The NSW
STRATA MAGAZINE MARCH 2022
Damage caused by a faulty appliance in the unit above Page 8 | Strata Insurance Solutions
An owners corporation’s ability to take action against smokers has significantly broadened
Page 16 | JS Mueller & Co Lawyers
Can the OC charge fines for bylaw breaches? Page 24 | 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 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
2 www.lookupstrata.com.au 2 www.lookupstrata.com.au
Contents 4
Moving with the times
20
Carlo Fini, Lewis & Charles
MIMOR
6
Can we approve bathroom renovations by special renovation?
22
Leanne Habib, Premium Strata
8
Damage caused by a faulty appliance in the unit above
24
Remedial Repairs: How owners can regain control
26
16
As emergency access to our building, can we have keys to the fire doors?
28
30
Rod Smith, The Strata Collective
32
An owners corporation’s ability to take action against smokers has significantly broadened
As the one doing most of the work in our self managed scheme, I feel under-appreciated and bullied Chris Irons, Strata Solve
Effective communication between the committee and the strata manager
Warwick van Ede, JS Mueller & Co Lawyers
18
FAQs About How Strata Guardian Can Assist Your Body Corporate Tim Fuller, Strata Guardian
Rob Broadhead, 2020 Fire Protection
14
Can the OC charge fines for bylaw breaches? Tim Sara, Strata Choice
Sedgwick
12
What approvals do I need to add a roof to our outdoor patio? Robert Fothergill, Strata Life
Tyrone Shandiman, Strata Insurance Solutions
10
Can I Rent Out My Car Space?
What can we do when one resident abuses their water usage? Sarah Price, Altogether Group
City of Sydney grant round open City of Sydney
34
NSW Strata Update SCA (NSW)
Messy storage of items in a car park area. Is this a safety hazard? Leanne Habib, Premium Strata
Thanks to our sponsors
Mimor Moves with the Times Moving Booking System
Moving day can be one of life’s more stressful events, coordinating myriad moving parts such as removalists, building managers, friends and family, lift keys, oversized couches – the list goes on. It’s an ordeal Jake Sharp is well acquainted with, having spent years juggling ad-hoc moving requests from building managers and real estate agents when his former cleaning business was responsible for the 220 commercial and residential strata buildings. But it was his role in managing a 187-apartment building, manually managing moving schedules and spreadsheets, that was the catalyst for finding a solution to modernise and synchronise property management systems.
4 www.lookupstrata.com.au
10:16AM
Hi John Tenant, Thank you for booking your Move In through MIMOR. MIMOR is your easy-to-use building online information hub. You can access the hub anytime 24/7 for your building information, moving procedures and building notifications. Important: Please read building’s Moving Guidelines and Building Information before you move.
“It was such a disjointed system; none of the individual parties – owners, managers, tenants, real estate agents, cleaners – were clear on the building’s processes and systems, including moving guidelines. I just knew there had to be a better way to do it, particularly in this digital day and age,” Sharp said. And so MIMOR – the Move In Move Out Register – was born, an online portal for owners corporation managers, building managers and residents, acting as a central hub for building information, moving procedures and alerts. “It’s crazy to think that before MIMOR such a stressful process had to be arranged through lots of separate emails back and forth. Often new residents were getting contradictory
information, with the real estate agent saying one thing, the OC manager or building manager another,” Sharp said. “MIMOR removes any ambiguity by detailing all the information required for a stress-free move – right down to lift dimensions so you know if that oversized couch can make the move with you.” MIMOR’s calendar booking system avoids double ups and clearly outlines all the moving procedures, including timing requirements, lift access and parking information. Functionality extends to other integral building operations, including owners corporation rules, waste management, power and water utilities, storage facilities, evacuation plan and emergency contacts.
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MIMOR can also be used to book common areas, manage parcel deliveries and communicate important information via SMS or email. “Removing common friction points not only creates efficiencies for all parties, but also helps to create a more harmonious environment when everyone is abiding by the same rules,” Sharp said. MIMOR subscriptions are scalable, from three apartments to more than 500, with the platform currently being translated into 10 languages and soon to launch as a mobile app.
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5
Can we approve bathroom renovations by special renovation?
What would the consequences be if we approved a lot owner’s request for a bathroom renovation (including the waterproofing) by Special Resolution rather than a By-Law? This may result in the Owners Corporation being responsible. Because the works involve waterproofing and other changes to the common property, Section 108 (5) of the Strata Schemes Management Act, 2015 (NSW) applies. That section specifically states that:
Changes to common property 5. A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of
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that common property after the action is taken is the responsibility of the owner has no effect unless– a. t he owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and b. the owners corporation makes the by-law. If the proper process as per the above is not adhered to, the Owners Corporation may encounter difficulties in imposing on the owner the responsibility to repair and maintain the works carried out and may result in the Owners Corporation being responsible.
READ MORE ON THIS TOPIC HERE
Leanne Habib | Premium Strata info@premiumstrata.com.au
7
Damage caused by a faulty appliance in the unit above
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Water damage of a unit has been caused by a faulty appliance in a unit above. Who is responsible for the cost of the repairs or replacement to the damaged property and its contents? Water damage of a unit has been caused by a leak originating in an above unit due to a faulty appliance eg dishwasher hose and not common property like a service pipe. As the water travelled through common property, is the cost of the repairs or replacement to the damaged property and its contents the responsibility of the owners corporation (and its insurer) or the lot owner (insurer) of the above unit?
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
READ MORE ON THIS TOPIC HERE
The most obvious respondent is the lot owner with the faulty appliance as that is where the leak originated. The strata insurance policy will cover water damage to building (insured property) associated with a water leak (subject to the policy terms & conditions) and this cover will be provided whether a lot owner is legally responsible for the damage or not. The question of who is liable for damage not covered by insurance, resulting from a leak is a legal question that is best answered by a legal practitioner or strata manager. In this instance, the most obvious respondent would be the lot owner with the dishwasher as that is where the leak originated and they are responsible for maintaining their property.
9
R E M E D I A L R E PA I R S :
How owners can regain control Property owners, ensuring asset longevity is critical.
SCENARIO 1 - COST VERIFICATION AUDIT
To regain control of remedial repairs requires informed
Following recent floods, a client experienced water
decision making, strategic planning, clear expectations,
damage to their property. Five carpeted rooms were
cost control measures and a strong partnership with
impacted — requiring water extraction and cleaning to
strata/body corporate managers. This is especially true
restore them back to their pre-loss condition. The client
following recent legislation in Victoria that addresses the
engaged the expertise of a restoration expert
procurement of services on behalf of owners.
for support.
The legislation supports owners through the provision of competitive pricing and terms in the daily running of a strata property. When universally adopted, this approach can be worth the time and investment to achieve
As is all too often the case in these situations, a reactive approach and the drive to respond resulted in the client being charged well above industry standard rates and additional charges including but not limited to:
positive outcomes from the very beginning.
01
Unwarranted project management fees
Regaining control goes beyond selecting the cheapest
02
Unnecessary storm loading costs
03
Double dipping of holiday loading
04
Inflated drying equipment charges
option from a handful of quotes. Strata repairs can be complex, with many factors to consider to ensure the challenges and underlying cause(s) are addressed. Taking the time to evaluate these factors will minimize the chance of re occurrence and ongoing issues or — in an emergency — mitigate further risk or damage to the property or an individual. Setting clear expectations and defining your objective is key. Repair objectives need to:
(included within their original hourly rates)
An after-services audit identified that this was a simple restoration job when process and best practices were applied to determine the actual costs associated with repairs. Significant savings are achieved when using
•
Be inclusive of all repairs.
industry knowledge of costs based on cubic meter rates,
•
Conform to statutory requirements.
appropriate allocation and distribution of equipment,
•
Provide warranty of guarantee.
quantification and application of necessary chemicals
•
Ensure extent and cost of works is balanced with the benefits
It is critical to define both your objective and extent of
and materials, and associated labor costs.
$21,364.74
ORIGINAL INVOICE
$5,284.51
ACTUAL COSTS
PROVIDED
work required. Be clear in what you expect and outline your objective: •
You require repairs to be all inclusive
•
You need it to conform to statutory requirements
•
Your need a warranty of Guarantee
•
Extent & cost are balanced with the benefits
$16,080.23
INCURRED
SAVINGS
SCENARIO 2 - COST CONTROL AND PROJECT
The initial quote only allowed for the installation of 181
MANAGEMENT THROUGHOUT WORKS
x air movers, 62 dehumidifiers and 4 x Axial fans over
Larger and more complex jobs require a different
an undefined period of time. The review was able to
approach. For these situations, proactively engaging
identify that the available power load at the site would
experts can ensure proper management of and response
not support this approach and raised concerns around
to repairs and/or restoration requirements from the
secondary damage with potential mold growth.
beginning Cost and scope control measures are put in place and maintained for the duration of the works.
A drying regime, accompanied by the strip out of a component of wall linings led to a controlled, quantified
In the fit out stage of construction, vandals break into
and streamlined approach that ultimately resolved the
the complex of a strata building to destroy property and
repair and restoration aspects of the job — minimizing
turn on common area fire hydrants — causing water
risk, further damage and delay in handover.
damage to both building and contents, including floor coverings. Sedgwick was engaged to review an initial quote and proposed scope of works for the remedial repairs and restoration. A lack of detail and minimal
$158,025
ORIGINAL QUOTE
$57,084
C O M PA R I S O N Q U O T E
$100,941
SAVINGS
forensic information provided to substantiate the proposed works was identified. Following Sedgwick’s attendance to site, the engagement of a preferred panel supplier was provided with a defined scope covering all elements of restoration — from labor costs to equipment requirements and placement.
SUPPORTING OWNERS & STRATA MANAGERS WITH TAILORED REMEDIATION AND REPAIR SOLUTIONS B U I L D I N G C O N S U LTA N C Y
R E PA I R S O LU T I O N S
•
Defect reports & forensic engineering
•
Emergency make safe
•
Scope of works
•
Fire water damage restoration
•
Dilapidation & risk surveys
•
Leak detection
•
Dispute mediation and expert witness
•
Contamination response
•
Contractor procurement and cost validation
•
Building repairs
•
Construction management
•
Cost validation services
•
Capital Works Funds/Maintenance Plans
•
Digital Capability
1300 735 720 sales@au.sedgwick.com
1300 654 599 sales@au.sedgwick.com
Apartment access when the lift is out.
Can we have keys to the fire exit doors?
Our apartment building has two lifts. If lifts are out of order, we can only access the building via the fire exit doors. Should all owners have keys to access these doors? I live in an apartment building that has two lifts. These lifts are used to access all levels of our building. If the lifts are out of order, the only way we can access our apartments and cars in the underground car park is through the fire exit doors. Should we, as people that live in the building, have a key to access these fire exit doors from the outside coming into the building?
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This is up to the owners corporation as there are no issues with fire compliance. A fire stair may be used for access and egress. Whether owners and tenants have keys to access from the outside is a question for the owners corporation as there are no issues with compliance.
13
Effective communication between the committee and the strata manager
How do you ensure that the day to day decisions of the strata committee are conveyed to the strata manager? Is it best to nominate a single strata committee member to be the communication channel?
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We do find one main point of contact between the strata manager and the committee helpful for a lot of our strata schemes.
Yes, a lot of our strata schemes do have a day to day contact between the strata commitee and us as the Strata Manager. This doesn’t prevent other members of the strata committee from contacting the strata manager at all, it just assists with process and governance. I would suggest that if you do appoint a representative to contact the strata manager, when that person emails the strata manager with an instruction, copy the rest of the committee into that email. This way, everyone is kept in the loop and knows what’s going on. It makes sure there is transparency. Whether or not we insist on this can depend on the volume of communication and whether there are any politics at play in the strata scheme but we do find one main point of contact on the committee helpful for a lot of our strata schemes.
READ MORE ON THIS TOPIC HERE
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 15
Owners corporation's ability to take action against smokers has significantly broadened
Warwick van Ede from JS Mueller & Co Lawyers joins Nikki Jovicic to provide some detail around a recent NCAT smoking and smoke drift decision that they are calling “Another Nail in the Coffin” for smokers in strata. Find out what the decision means for you and your strata building. This case relates to a multistorey residential building in Sydney’s CBD. Lot owners constantly experienced smoke drifting into their apartment from the neighbours smoking next door. The neighbours regularly smoked inside their 16 www.lookupstrata.com.au
lot and on their balcony. They thought this was fine because the building’s bylaws stated that you could not smoke on common property or allow smoke to penetrate common property, and they felt they were doing neither. The owners corporation brought proceedings against the smokers on the basis that, even though they were smoking within their lot, these owners had breached a bylaw. The tribunal found that the act of smoking into the air surrounding the building
penetrated into the next door neighbour’s apartment was a breach of the bylaw. Even though the smokers were inside their lot when they smoked, the smoke had to travel through common property air space and a window to end up in the neighbour’s apartment. Even if you use the standard bylaw, your building may be able to take action if smoke is penetrating into lots or common property. This decision has significantly broadened the ability for owners corporations to take
action against smokers who are causing a nuisance to other lot owners and occupants.
•
We ask Warwick:
•
•
Now that this decision has been made by NCAT, is smoking banned in strata?
•
Have there been any legislative changes in relation to smoking in strata?
•
If I’m a strata resident in NSW and I’m a smoker, am I able to smoke within my lot?
Should NSW owners corporations be considering a new smoking bylaw?
You can read Warwick’s article here: Another “Nail in the Coffin” for Smoking in Strata.
What are the next steps for smokers or residents affected by smokers in NSW apartment buildings?
READ MORE ON THIS TOPIC HERE
If you have any questions about smoking, smoke drift, or changing your smoking bylaw, you can contact Warwick and the team at JS Mueller & Co.
Warwick van Ede | JS Mueller & Co Lawyers warwickvanede@muellers.com.au
17
Car Park Storage and Safety
I share a parking garage with another lot owner whose stored items are overflowing onto the floor. The bylaw states ‘clean and tidy’. Surely this is a safety hazard. What can I do? I share a 2 car lock up garage with another lot owner. The other lot owner has installed shelving for storage. Recently the amount of storage is overflowing onto the garage floor and I believe it is a safety risk. Our Bylaw states “The proprietors from time to time of the lots specified below are entitled to exclusive use and enjoyment of the car spaces marked on the strata plan marked VP01 & VP02 on condition that those proprietors are responsible for the proper maintenance in a clean and tidy state of said car spaces”. My strata manager advises ‘clean and tidy’ is subjective. Additionally, the offender is a member of the owners corporation. What should my next step be? I do not think a personal approach will be successful.
You should raise your concerns with the strata committee. The by-law does not expressly permit the storage of items within the car space or the erection of shelving. Therefore, arguably, that owner is in breach of the by-law. While “clean and tidy” may be subjective, a reasonable person would not consider overflowing storage to be “tidy” thereby also in breach of the bylaw. The overflowing items may also pose a trip or fire hazard in breach of the strata legislation. You should raise your concerns with the strata committee who in turn may wish to enforce the by-law and have the strata manager issue a notice to comply. Alternatively, (after applying for mediation) you could seek Orders from NCAT that the owner comply with the by-law ie keep the car space clean and tidy or remove the items being stored.
Leanne Habib | Premium Strata info@premiumstrata.com.au
18 www.lookupstrata.com.au
READ MORE ON THIS TOPIC HERE
19
Can I Rent Out My Car Space? I am a lot owner living in my apartment in Sydney. The lot includes a lock-up garage space however I do not own a car. Can the strata Owners Corporation stop me from renting out this car space? An owners corporation cannot prevent a lot owner renting out a car space that is on their lot title. An owners corporation cannot prevent a lot owner renting out a car space that is on their lot title. This position arises because an owners corporation cannot have a by-law that restricts a lot owner renting out their lot including part of the lot such as the car space. This prohibition is found in section 139(2) of the Strata Schemes Management Act 2015 which provides:
Restrictions on by-laws No by-law is capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing relating to a lot.
If so, then it is important to understand that it is the local council that imposes this prohibition and not the owners corporation. The condition must be complied with by any lot owner or occupant. This position arises under sections 9.45 and 9.46 of the Environmental Planning and Assessment Act 1979. Under those sections, where a development approval condition is breached, any person including an owners corporation may commence a case in the Land & Environment Court to seek an order in the nature of an injunction to restrain the breach. In addition, if the owners corporation has adopted model by-laws (or some variant of them), then it is likely to have model by-law 18(1) under schedule 3 of the Strata Schemes Management Regulation 2016. By-law 18(1) provides:
18 Compliance with planning and other requirements The owner or occupier of a lot must ensure that the lot is not used for any purpose that is prohibited by law. This by-law would permit an owners corporation to enforce a development approval condition as if it were a by-law such as through issuing a notice to comply with a bylaw, applying for Fair Trading mediation, and applying to NCAT to restrain the breach.
But this is not the end of the story. There may be a development approval condition applying to a strata building that prohibits a lot car space being rented out. 20 www.lookupstrata.com.au
READ MORE ON THIS TOPIC HERE
Carlo Fini | Lewis & Charles Lawyers carlofini@lewischarles.com.au
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21
Adding a roof to a patio area
What approvals do I need? I live on the ground floor of an apartment and we have a patio and garden area. I would like build a roof over the patio area. What do I need to consider? What approval do I need to seek? This would need approval at a General Meeting of all owners and a Special by-law to be put in place. Owners Corporation approval for the enclosure of your patio is likely required for a number of reasons and it is suggested this would need approval at a General Meeting of all owners and a Special by-law to be put in place.
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Consideration would need to be given on what is defined as your air space on the strata plan for your property. This will specify what is common property vs your lot property air space. As the patio roof would likely affect the appearance of your lot and it is assumed it is going to be required to be attached to part of the common property (e.g. external walls) an application would have to be made as a renovation affecting common property under Section 108 and 111 of the Strata Schemes Management Act 2015. This requires approval for the works by Special Resolution and a By-law adopted, both of which would need to be considered at a General Meeting.
READ MORE ON THIS TOPIC HERE
Robert Fothergill | Strata Life Robert@thestratalife.com.au
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The Solution: •
Fully or partially remove the magnesite from all suspected areas of concrete corrosion damage.
•
Perform testing to identify all spalled areas and high corrosion risk areas in the floor.
•
Carry out concrete breakout to remove damaged concrete.
•
Clean the rebar to a bright metal condition and restore any rebar with section loss as instructed by an engineer.
•
Carry out concrete repair in all affected locations.
•
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.
•
Seal the floor to prevent further ingress of moisture.
•
Apply floor leveling as required to the original level.
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Can the OC charge fines for bylaw breaches?
24 www.lookupstrata.com.au
Can the OC charge an owner a monetary fine for parking or other similar bylaw breaches? Can the OC charge an owner a monetary fine for parking or other similar bylaw breaches? If these fines are not paid the lot owners won’t be financial and will not able to vote at the AGM. I thought NCAT were the only bodies that may enforce payment and only after the Owners Corporation has satisfied the tribunal of the merits of its case. If that’s this is correct, can an Owners Corporation issue a fine that has not been considered by the tribunal or court be used to stop an owner voting at the AGM?
This is too much power for an owners corporation to have.
to insurance premiums, and even then, the owner must consent, or be ordered by the Tribunal, to pay a higher levy). If a person were to breach the by-law by refusing to pay, then the owners corporation would have to pursue the normal channels for enforcing its by-laws (i.e. obtain orders from the Tribunal to enforce the by-law and potentially also seek orders for fines to be issued for non-compliance with the by-laws). The Tribunal would then have the opportunity to assess the by-law and whether it is reasonable in accordance with section 139 of the Act.
READ MORE ON THIS TOPIC HERE
Tim Sara | Strata Choice tsara@stratachoice.com.au
There are no provisions under the Strata Schemes Management Act (‘the Act’) that empower an owners corporation to issue penalty infringement notices (fines). The Act frequently talks about situations in which the Tribunal has the power to order payment of monetary penalties, sometimes payable to an owners corporation. However, it never talks about the owners corporation having that power itself. Put simply, this is too much power for an owners corporation to have. The law requires these matters to be reviewed and decided upon by a Tribunal or Court, which can ensure that due process is followed. An owners corporation may have a by-law that requires monetary payments to be made to it for certain things. For example, payment of a fee for use of a common area, or a bond for moving in or out. However, these amounts cannot be treated as if they were levies. Part 5, division 2 of the Act is very clear in terms of the proper procedures for levies being raised and includes no provisions for levying a single lot (the only such provision is under section 82 in relation 25
FAQs About How Strata Guardian Can Assist Your Body Corporate
Does the legislation allow us to invest?
What if something unexpected happens?
The simple answer is yes, usually through either a company account in the name of your scheme, or through a trust (if the scheme has one). In most cases, state and territory legislation allows for a wide range of investments held in strata schemes and refers to the relevant acts for Trusts and Trustees.
Unexpected things happen all the time, we understand that.
These acts then serve as a guide to the types of investment and other considerations for committee members. There are some areas that differ slightly from state to state, so feel free to be in touch to discuss further. For more information about your state’s legislation, head to our Articles page.
26 www.lookupstrata.com.au
We recommend that you speak to us to work through the options available and ensure you are making an informed decision. We only use reputable and well-known, diversified investments (exchange-traded funds) that are highly liquid and can be transacted whenever markets are open. Your committee can instruct Strata Guardian to draw down any amount, any time from your investment simply by getting in touch. All accounts are capable of being sold down and withdrawn whenever markets are open and capital is typically returned within 6 business days of notification.
Is our buildings capital safe? The investment structure that sits behind Strata Guardian is what we would call the 'gold standard' in ensuring client capital protection. All capital is held in custody by major financial institutions, administrated by a renowned and reliable platform, with Strata Guardian serving as your primary source of contact and help with your building’s investment.
Tim Fuller | Strata Guardian contact@strataguardian.com
READ MORE ON THIS TOPIC HERE
27 27
As the one doing most of the work in our self managed scheme, I feel under-appreciated and bullied.
I conduct most of the work for our self managed building. Lately I feel bullied and under appreciated by demanding lot owners. What can I do? We are a self-managed strata plan. I conduct most of the work and I’m finding it difficult to please everyone in the building. Some owners are starting to assert themselves and take the “I have a right” position.
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They request access to more and more information. They have become demanding and rude. I find irregular behaviour like this manageable, however it is hard when I receive these messages constantly from multiple owners at a time. It feels like I am being bullied. I am just trying to do my best. Is there some protection from this sort of behaviour? I feel like a slave to my role. Where can I seek help in difficult situations like this?
Start to get informed. How do you know if what the owners want is right or wrong? I feel for you. Clearly, it’s not a fun situation and particularly so, given you are a volunteer. While I am not a NSW strata expert, I am pretty sure that there is no reference to ‘bullying’ in NSW strata laws, just as there isn’t in other states’ strata legislation. Bullying has a very specific legal meaning, typically in the context of a workplace – which wouldn’t seem like it would apply here, given your volunteer status.
Strata legislation generally also doesn’t provide for how people speak to you. So while the way owners address and engage with you might be really offensive to you personally, they are entitled to assert their property rights. So where to from here for you? Well from my perspective, the very first thing you need to decide is if you continue to devote your time to this endeavour. No one should be a ‘slave’ to strata responsibilities. Take the time to consider if you want to consider doing this and if the answer is ‘no’, then you and your fellow owners will need to investigate appointing a strata manager.
If you do want to continue, here’s what I’d suggest: firstly, start to get informed. How do you know if what the owners want is right or wrong? You get educated, and there are many resources out there to do that. Once you get informed and educated, that hopefully gets you empowered and confident to push back as you need to. Then you might need to start putting into place a few processes: things being put in writing, for example, which in turn enables you to respond in writing as you need to and on an informed basis.
READ MORE ON THIS TOPIC HERE
Finally, forget about strata issues for a moment and think about the interpersonal instead. Establish some boundaries around what you will and won’t accept as communication and be sure your fellow owners know it. Reinforce it over and over as much as you need to. You need to make a few decisions here and it might be challenging to do. That said, you need to get things on track and it needs to start somewhere. I wish you luck.
Chris Irons | Strata Solve chris@stratasolve.com.au
29
Single Water Meter for the Complex
When one resident abuses their water usage 30 www.lookupstrata.com.au
We have one water meter covering our six apartments. Our water bill has increased 200% in 12 months due to a new tenant’s continuous watering of her many plants. Can we charge this tenant a special contribution to be paid towards the cost of water? Many communities are favouring the installation of separate water meters to ensure a true user-pays system of water distribution. The unfair responsibility of water charged by contribution entitlement is a common complaint amongst strata communities and for good reason.
As a greater number of the population move towards consciously introducing sustainable habits into their daily energy and water routines, others prefer to keep their gardens super green and wash their towels twice a day. Many communities are favouring the installation of separate water meters to ensure a true user-pays system of water distribution. Not only is installing water meters making the user more accountable for their use, monitoring usage is uncovering concealed leaks and mitigating the bill shock of high-water consumption. The bonus for strata investors is that water use, when separately metered, is payable by tenants so owners aren’t responsible for excessive water consumption outside of their control.
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Sarah Price | Altogether Group sprice@altogethergroup.com.au
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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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NSW Strata Update
As anyone who has worked in the strata industry or represented an Owners Corporation could attest, strata is complex! And as a result, so is the legislation and regulation guiding practices within strata. From management agreements to electricity and waste through to owners corporation voting and meeting requirements, the legislation and regulations lay out how strata is governed. Due to the complexity, and the rapidly changing pace of our built environment and strata’s growing place within it, the Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015, must be reviewed every five years by law. SCA (NSW), as the peak industry body for Strata and Community Title Management, has worked closely with the NSW Government and NSW Fair Trading throughout this ongoing process, not only to ensure member representation but to advocate for the better functioning of strata communities as a whole. SCA (NSW) provided a detailed submission and liaised closely with the government throughout the process, identifying, among many pieces of feedback, the following five key areas to include in the review, or future reforms: •
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The commencement of the Professional Standards Scheme (PSS) by SCA (NSW), and its role in driving increased standards and professionalism within the strata management industry to ensure consumer protection.
•
•
•
•
COVID-19 related provisions (such as electronic voting measures), and the extension of these provisions throughout 2022 to ensure safety and efficiency for our members and owners corporations. Increasing disclosure and transparency of remuneration models within the industry, communicating the value of the services strata managers offer. Embedded networks, ensuring that the scope of the legislation surrounding them is extended and better defined to secure better consumer outcomes. Oversights in the legislation surrounding collection of debts and arrears, causing difficulty for consumers.
The NSW Government in November 2021 submitted a final report, outlining the recommended changes to the legislation as a result of the lengthy consolation and review process. SCA (NSW) will continue throughout 2022 to advocate for these positions to improve strata communities across NSW going forward.
BECOMING A MEMBER IS EASY.... Contact SCA (NSW) today MEMBERSHIP BENEFITS Join our industry association to access exclusive benefits such as: 9 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 and templates
(02) 9492 8200
membership.nsw@strata.community
nsw.strata.community 35
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
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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@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
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
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
Stratabox
Customer Service Software for Strata P: 1300 651 506 W: https://stratabox.com.au/ E: contact@stratabox.com.au
ResVu PTY LTD
StrataMax
Building Confidence P: 08 7477 8991 W: https://resvu.com.au/ E: enquiries@resvu.com.au
P: 1300 242 083 W: https://www.noblemg.com.au/ E: grepice@noblemg.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
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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
Online strata insurance quotes 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
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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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
Lewis & Charles Lawyers
Law shouldn’t be hard, so we’ve made law easy P: 02 9159 9053 W: https://www.lewischarles.com.au/ E: carlofini@lewischarles.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 39
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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: 1300 851 585 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
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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
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
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
SAFETY & SECURITY
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
QUATRIX PTY LTD
The Green Guys Group
Lock, Stock & Barrel Locksmiths Pty Ltd
Humenergy
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
WATERPROOFING Superseal Protective Coatings (SPC) Waterproofing & Epoxy Specialists P: 02 9774 1004 W: https://www.spcau.com/ E: info@spcau.com
Australia’s Leading Energy Saving Partner P: 1300 511 875 W: https://greenguys.com.au/ E: sean@greenguys.com.au 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
FRANCHISERS
Danrae Group
Remedial Waterproofing & Building Specialists P: 1800 326 723 W: https://www.danraegroup.com.au/ E: enquiries@danrae.com.au
The Superseal Group
Network Pacific Strata Franchise
Join our successful team P: 03 9999 5488 W: www.networkpacificstratafranchise.com.au/ E: networkpacific@franchisedevelopments.com.au
Trusted Experts in all aspects of Waterproofing P: 07 5519 4916 W: https://supersealgroup.com/ E: admin@supersealgroup.com
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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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