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4 Can the Strata Manager do whatever they want and get away with it?
Shane Williamson, Williamson Lawyers Pty Ltd
6 How do we maintain the building when we can’t get contractors?
Bruce McKenzie and James McIntosh, Sedgwick
8 Can I claim tenant relocation costs for a bathroom membrane repair?
Tyrone Shandiman, Strata Insurance Solutions
10 Who repairs lot property that’s been damaged by rising damp?
Pierrette Khoury, Khoury Lawyers
12 Can we leave the fire doors on the stairwell open?
Rob Broadhead, 2020 Fire Protection
14 Can residents park two cars in the one bay?
Leanne Habib, Premium Strata
16 Is managing Strata Meetings easier today with Technology? Urbanise
18 Can small schemes conduct an internal audit of their financial records?
Rod Laws, TINWORTH & CO
20 Can an owner offer to pay more than their share towards a special levy?
Tim Sara, Strata Choice
Should large complexes have bigger committees?
Rod Smith, The Strata Collective 24 What is the average caretaker management agreement in NSW?
James Moir, Madison Marcus Lawyers
Duty of owners corporation to maintain and repair property
SCA (NSW)
Common property defects discovered during owner renovations
James McIntosh, Sedgwick and Leanne Habib, Premium Strata
The NSW LookUpStrata Directory
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Despite the Management Agency Agreement limiting a Strata Manager’s liability, can they still be found liable?
In reading many Strata Service Management Agreements (The Contract), I noticed most have a clause that says “The Agent is not liable to the Owner, including without limitation for breach by the Agent of this Agreement, (except as otherwise required by law..”
It all sounds like Strata Managers can do whatever they like and get away with it.
In reading this, I cannot think of any way the Agent can “breach” the contract.
Are there cases where Strata Management Agency breach the contract?
Fiduciary obligations are strict obligations which cannot be avoided.
Despite there being provisions in the contract which seek to limit the Strata Manager’s liability, the Strata Manager may still be found liable to the owners corporation, or a lot owner, in some circumstances.
As an agent, a Strata Manager has fiduciary obligations to the owners corporation. For example, as an agent, the Strata Manager must:
• only act within their delegated authority;
• not act in a manner which conflicts with the interests of the owners corporation;
• not obtain an undisclosed benefit as a result of the agency.
Fiduciary obligations are strict obligations which cannot be avoided.
The Fiduciary obligations are imposed on the Strata Manager under the Property and Stock Agents Act 2002. This law is administered by NSW Fair Trading.
The Strata Manager owes the owners corporation a duty of care. The delegation of functions and authority to the Strata Manager creates responsibilities and a duty of care which may result in liability.
The more functions and authority a Strata Manager has, the greater its duty of care. The owners corporation should consider any limitation of liability in the context of the duties being delegated and the representations made by the Strata Manager in relation to its experience and knowledge and how the duties will be fulfilled.
For example, a Strata Manager could be liable if someone is injured on the common property if the Strata Manager did not take reasonable steps to address the issue causing the injury. Some Strata Managers provide assistance in resolving building defects, in such circumstances, there is a duty of care to ensure the owners corporation is correctly informed of its recovery rights.
In 2017 the NSW Court of Appeal found a Strata Manager partly liable for the collapse of a balcony. In the case of Libra Collaroy Pty Ltd v Bhide [2017] NSWCA 196, Libra Collaroy Pty Ltd was the Strata Manager, Bhide was an owner of a lot which had its balcony collapse due to a lack of maintenance. The Strata Manager provided quotes to the owners corporation to repair the balcony but the quotes were rejected. The Court found that the Strata Manager should have specifically recommended expert advice be obtained from a building consultant. The Strata Manager was found to be 50% liable.
Division 2 and Division 3 of Part 4 of the Strata Schemes Management Act 2015 sets out the functions and accountability of Strata Managers.
The case referred to above does not concern a breach of contract however in summary, taking into consideration all of the above, it is not quite the case that the Strata Manager can do whatever they want and get away with it.
Shane Williamson | Williamson Lawyers Pty Ltd shane@williamsonlawyers.com.au
How do we comply with NSW Legislation to maintain the building when either the weather is too bad to carry out the repair or we can’t get contractors?
A recent article on the LookUpStrata site by JS Mueller & Co states:
“… an owners corporation cannot delay any repairs that need to be carried out to fix defects in the common property that are causing water to leak into a lot. Even if it is impossible to find contractors who are available to repair those defects, that does not provide an owners corporation with a lawful excuse for delaying any necessary repairs to common property.”
We have been advised of a leak into a ceiling of a unit, however, we cannot get a contractor to attend ‘immediately’ due to current severe weather conditions so as to inspect and carry out any replacement of roof tiles that may have been damaged and causing water to penetrate. The roof was inspected about 12 months ago and any
damaged tiles were replace then, ridge capping re-pointed and gutters checked for debris.
Our Strata Manager has attempted to locate a roofing contractor but there is a current backlog and attendance is not practicable ‘immediately’. Does this mean that the Committee (all in their 70s) have to climb onto a three storey building’s roof to replace tiles themselves?
We have the funds available to effect any repairs needed but cannot get a contractor ‘immediately’. If bad weather and lack of contractor availability is not a valid excuse, then the law, as you explain, it not practical.
I’m sure ours is not the only Strata Committee in this situation.
You should contact your local state emergency service.
In New South Wales, new Legislation called the Design and Building Practitioners Act 2020 commenced in July 2021.
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Bruce McKenzie and James McIntosh | Sedgwick
Our tenant had to move out for the duration of common property works. Shouldn’t the OC cover any reasonable costs such as alternative accommodation for the tenant?
Bathroom repairs had to be undertaken in a tenanted one bathroom apartment due to water membrane failure. This was deemed common property.
The tenant had to move out for the duration of bathroom works. The Owners Corporation has refused requests to cover the tenant’s relocation costs.
As the bathroom repair has been deemed common property, shouldn’t the OC cover any reasonable costs such as alternative accommodation for the tenant?
We would recommend first seeking to make a claim for damage along with any loss of rent with your strata insurer and get a formal response.
In this instance, the insurer will not cover maintenance costs associated with finding and fixing the damaged membrane due to exclusions applying (such as lack of maintenance, rust, oxidation, wear & tear, corrosion, gradual deterioration, developing flaws, building defects, rectification of faulty workmanship etc.)
However, water damage resulting from the leak can be considered provided the damage is sudden and accidental. If the property becomes uninhabitable due to the insured damage, the policy can also consider loss of rent cover.
We would recommend first seeking to make a claim for damage along with any loss of rent with your strata insurer and get a formal response.
Should the insurance claim not be successful, it would fall on the lot owner demonstrating the owner’s corporation are legally liable for the loss.
If you are seeking the owners corporation to make payment for your loss because you believe they are legally responsible, to start with you will need to send a letter of demand which outlines the circumstances, why you feel the owners corporation are responsible and the amount you are seeking compensation for. Alternatively, you can visit the fair trading website for further information on resolving disputes.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
If a problem like rising damp causes damage to paintwork on internal walls inside the lot, is the Owners Corporation responsible to repaint?
Most of the lots on our complex have been affected by rising dampness. It has been advised the paintwork inside the affected lots is the responsibility of the lot owner. If a problem like rising damp causes damage to paintwork, is the Owners Corporation responsible to repaint?
If the affected area is inside the lot, i.e. on the internal walls, is it the Owners Corporation’s responsibility for the damage?
This will depend on the source of the rising dampness. If the source is from a common property related area, it is potentially the Owners Corporation’s responsibility. It is best the source is investigated and a contractor attend to inspect where it is coming from.
Khoury |
Lawyers
Our lift is not working. The fire stairwells have fire doors. Can these doors be left open to allow easy access for residents until the lift is functional again?
Fire doors cannot be left open as this destroys the compartmentalisation between levels.
Fire doors cannot be left open as this destroys the compartmentalisation between levels. This means that if a fire occurred on level 1, the smoke would fill the stairs, blocking safe egress for all other residents. A highly dangerous situation.
In this situation, we would recommend one of the following:
1. Have a locksmith temporarily change the doors to non-lockable (they must still close and latch) and the fire rating of the door should not be impacted.
2. If the building has a smoke detection system fitted, magnetic door holders could be fitted to the doors allowing them to remain open, but close automatically on fire or smoke. This means the doors can remain open whenever you want for egress. The down-side is that it would not be cheap.
Initially, we would recommend you ask your neighbours to exercise more consideration, and, if they persist, you could seek the involvement of your strata manager if the cars protrude outside the line markings of the car spaces.
1. An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not:
a. use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or
b. use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or
Are there any parking laws preventing residents from parking 2 cars in a single car space?
Are there any parking laws to stop 2 cars from being parked in a space for 1 car.
New neighbours moved in and are parking 2 cars in their 1 car space. This leaves my car at risk of being scratched due to access problems. I have to park my car right up close to the wall and it makes it hard for my children to get in and out of the vehicle.
c. use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.
Note: Depending on the circumstances in which it occurs, the penetration of smoke from smoking into a lot or common property may cause a nuisance or hazard and may interfere unreasonably with the use or enjoyment of the common property or another lot.
2. This section does not operate to prevent the due exercise of rights conferred on a developer by the operation of section 82 of the Strata Schemes Development Act 2015.
Your neighbours are causing you a nuisance in breach of the Strata Schemes Management Act, 2015 (NSW) – see Section 153 Owners, occupiers and other persons not to create nuisance. You could make application to NCAT for orders that your neighbours refrain from parking more than one car in their car space (attempted mediation is a precursor).
Note: Division 1 of Part 6 contains provisions about the circumstances in which owners of lots may carry out work that affects common property.
Leanne Habib | Premium Strata info@premiumstrata.com.au
If your neighbours are causing you a nuisance, you could make an application to NCAT.
One of the cornerstones of strata management is the management of Committee and general (all owners) meetings. All major decisions made by a strata association rest on the professionalism and timeliness of the meeting process.
With the meeting tools available today a strata manager can prepare a draft agenda with a few clicks and can often produce and issue meeting minutes at the end of the meeting instantly with a push of a button.
No more manual drafting and redrafting from templates that have to be manually checked to ensure dates and locations and all the other little details are correct. In fact, transcribing errors are almost impossible to do nowadays as key motions such as for levies or for insurance are populated directly from the strata system to ensure accuracy.
We all remember our first large scale Annual General Meeting. In addition to the strata manager running the meeting we would see a small army of people supporting the process by taking attendance, tallying and retallying floor votes and voting papers, assisting with the election ballot process and so on. Add to this the complexities of secret ballots and the like and there are a lot of moving parts that need to be managed to ensure decisions are made correctly and thus enforceable.
So how is technology improving the meetings experience for both the manager and the owners? The below are my top 4 takeaways on how technology has improved the meeting process.
MOST COMPREHENSIVE STRATA MANAGEMENT SOFTWARE IN THE CLOUD
Achieving Quorum, being enough people in attendance to open and run a meeting, has been an ongoing challenge since the first formal meeting was held. With the ease of interstate investment and the proportion of owner occupiers continuing to decrease over time, one can mistakenly believe it is harder to get a quorum in today’s world.
Thanks to technology, with a little push from COVID this is not the case. Online and hybrid online meetings have made strata meeting attendance more convenient than ever. Whether through a major communication platform like teams or zoom or through a dedicated meeting app with inbuilt video and voting features, the standard meeting experience is now digital. And with a glass of wine in hand, owners can participate from their lounge room in the management of their properties rather than driving across town or submitting a voting paper and missing out on important discussions.
Voting tally sheets were once a literally big deal. I used to bring A3 pages taped together (for the big AGMs) and would be furiously updating pre-voting paper tallies, proxies and other special voting arrangements just as the meeting would be about to start. Add to this that unfinancial (and thus not able to vote) owners who would often raise their hand or otherwise cast votes from the floor and these had to be watched for. This made vote management very exciting. Get a close vote and someone would demand a poll vote (requiring a recount with weighted votes) and many a meeting could get bogged down while the strata manager and their assistants are crunching the numbers on the fly.
About
Shaun Meyrick is a former head of over 10,000 unit strata business with extensive consulting experience in improving efficiencies and profitability for strata firms in several countries.
He is now the Business Development Manager for Urbanise Pty Ltd, the easy-to-use strata software, helping Strata Managers save time.
Modern tech allows voting papers to be vetted and tallied automatically. Some applications even allow owners to vote from the floor (or their living room) by clicking a button on their phone. These are tallied automatically and tools ensure that all votes are recorded once (no double counting). New tools even allow for secret ballots and specialised motions to be handled as per the various state legislations in a fast and accurate manner.
Anyone who has owned an apartment over the years has looked at their strata budget at some point and asked, “What are all these outlays?” Physically printing and posting correspondence, particularly large AGM packs, was a huge exercise. The boxes of mail that we would issue for a single large meeting was truly mind boggling.
Technology, with the support of legislative changes by the regulators and owners’ green expectations has pushed digital solutions in this space to be almost completely paperless. Voting papers do not need to be printed, filled in and scanned to email back (yes kids, this was how everything used to get filled in when received by email). Owners can follow along in meetings with digital copies of their agenda. Ballot papers don’t need to be actual paper and secret ballots don’t need to be double enveloped if submitted digitally (yes, again kids we used to put the ballots inside an envelope inside another envelope).
The above are my key take aways for technology in this space. To find out how Urbanise Strata can help make running Strata Meetings easier, get in touch.
In the last AGM, the owners corporation for out 8 lot strata decided on an audit to check the financial records. As we are a small strata, can we conduct internal audits?
We are small strata of 8 houses. In the last AGM, the owners corporation decided to perform an internal audit to check the financial records. Can we do that on our own rather than through external auditors? I put my hand up to do it as I am a retired financial manager with experience in the field.
Given the size of our small strata, is it ok for us to conduct internal audits?
The Act provides discretion to non-large strata schemes on whether to appoint an auditor or not.
The Strata Schemes Management Act provides discretion to non-large strata schemes on whether to appoint an auditor or not. If the Owners decide not to appoint an external auditor but decide to conduct their own review, this is OK. I understand the Strata manager would treat
this as a search or inspection of records and charge the respective fee to the owner.
As a rule of thumb, I recommend all payments are approved by the committee, as a fundamental control, prior to being paid. This way the owners are aware of all expenses incurred prior to the supplier being paid.
Rod Laws | TINWORTH & CO
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Can one owner offer to pay more towards a special levy than the rest of the Owners if they are wanting a common property renovation to proceed?
Can one owner offer to pay more towards a special levy than the rest of the Owners if they are wanting a common property renovation to proceed?
I thought that anything for common property that cannot be covered by the capital works fund has to be split among the owners based on their lot’s allotment/entitlement.
The Act requires all contributions to be levied in accordance with the unit entitlements of each lot.
Section 83(2) of the Strata Schemes Management Act (‘the Act’) requires that all contributions be levied in accordance with the unit entitlements of each lot.
An exception to this lies within section 144 of the Act, however that only applies to maintenance and upkeep of common property that is specifically referred to in the common property rights by-law. Section 144 allows the by-law to provide another way of apportioning costs for maintenance and upkeep of that common property.
Tim Sara | Strata Choice
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.
In our large complex of 15+ unit blocks with 400+ lots, we have a committee of 7. How can such a small committee run such a large complex?
I am in a large complex comprising of over 15 unit blocks with over 400 units. We only have a single committee of 7 people, a Building Manager and a Strata Manager.
I would have thought that a complex of this size should have a larger committee with at least one team member from each apartment block. Is that necessary at all?
Can you explain how such a small committee works in such a large complex?
9 members is the maximum number of members that are allowed.
Great question. The act says that the number of members to be appointed to a strata committee for a large scheme (one with over 100 lots excluding utility lots) is 3-9 members. 9 members is the maximum number of members that are allowed.
In many instances, large strata schemes have poor owner participation and it is difficult to attract active and suitable strata committee members.
In my experience, seven members is a typical number of committee members that we would expect to have on a building this size. I would think that the ideal mix of members for your strata scheme would be a variety of representatives from across the buildings.
One option that you could consider is to establish an informal sub-committee comprising of one member from each building that could meet a few times a year with the strata committee. This could provide a forum for each building to bring up any matters that they are facing so that the Strata Committee can prioritise building and compliance items and make sure that all buildings are being equally and fairly treated.
Rod Smith | The Strata Collective rsmith@thestratacollective.com.auThe 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
Our management rights operators have asked for a 10 yr extension on their agreement. This will result in a 25 yr agreement. What is the average management agreement in NSW?
We live in a holiday accommodation/motel-based strata complex. Our caretaker lives onsite.
The management rights were bought 6 yrs ago. They have asked for a 10 yr extension. This will result in a 25 yr agreement. This seems a very long time!
Is the manager setting up to sell halfway through their term and trying to make it a better deal for themselves? The
caretakers will not last another 25 yrs, so new people will come in and we have no say!
What is the average caretaker management agreement in NSW? In this situation, what options do we have?
You should check what the contract says about assignments.
1. Under the current laws (since November 2016), the maximum period a strata manager can be appointed is 1 year at the First AGM, and 3 years after that. A 3-year appointment is normal.
2. The maximum period for a caretaker/building manager is now 10 years, unless they had already
been appointed for a longer period before 30 November 2016. Some older agreements were grandfathered. For some coastal motel-style units, longer periods happen, also where building managers have “purchased” a contract. It sounds like this was an older agreement for > 10 years.
3. For both strata and building managers, it can sometimes be appropriate to appoint them for a shorter “trial period” (eg 1 year), to see if they lift their game, or to allow the owners corporation to go to market and get tenders.
4. Leasing rights are different, and might be tied to the lease of the common property area
they use. That is simply up for negotiation with no statutory limits. It is common and economical for one person to do both.
5. If you fear the current caretakers (whether the onsite workers are employees or owners of the caretaker company) are looking for a longer contract beyond the expected working life of the current operators, it could well be they are looking to increase the value of the contract and on-sell. That is the logical explanation. You should ask them why they want such a long contract in
these circumstances. It sounds like you have a fair relationship with the current on-site managers but if the current contract still has a long time to run, I wouldn’t be recommending extending it this early on.
6. You should check what the contract says about assignments to new purchasers. Usually it says the owners corporation cannot unreasonably refuse but in this case, you might either agree to the extension with full discretion to refuse assignments, or simply refuse the extension.
7. One other point to raise could be this. Mention to the caretaker that under the new laws, the maximum period is 10 years. So as they already have a contract for that or more, it seems inconsistent with those laws to extend it further. Those new laws give you an excuse to refuse the extension (refer to section 68(1)(b) of the SSMA.
James Moir | Madison Marcus Strata@madisonmarcus.com.au
M A D I S O N M A R C U S
AW F I R M
An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation. Lot owners may now recover a loss as damages for breach of statutory duty.
S106(5) of the Strata Schemes Management Act 2015 (SSMA) allows lot owners to recover a loss from the Owners Corporation (OC) for breach of its statutory duty to maintain or repair the property as required by S106. S106(5) requires that the action must be within 2 years of the owner first becoming aware of the loss.
An OC can still determine by special resolution that it is inappropriate to maintain, renew, replace or repair the property provided.
• This decision must not a ect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
This decision may inadvertently increase the liability exposure for the OC, as a lot owner now has the right to sue for damages for breach of statutory duty. For example, the decision may result in a loss of rent or a decrease in the value of a lot owners property.
WHAT DOES THE OWNERS CORPORATION NEED TO DO TO ENSURE THEY ARE NOT EXPOSING THEMSELVES OR THE SCHEME TO INCREASED LIABILITY?
• The decision that it is inappropriate to maintain, renew, replace, or repair the property must be made by special resolution, however the OC must factor in:
The safety and detracting from appearance of any property.
need to obtain expert advice regarding safety in making the decision.
potential increased risks or liability to
making a decision not to maintain
common property
(S106
OC
• Potential tension and legal action by disgruntled lot owners regarding the decision.
• Impact on insurance claims – will it lead to a claim being denied for items in disrepair or resultant damage/ consequential loss? Ensure adequate liability cover is in place and meet the current minimum legislative requirement ($20 million liability cover in NSW from 30 November 2016).
• As the strata manager, you do not want to be brought into any potential legal action so:
• Act quickly on instruction to repair.
• Have documented processes and procedures in place for maintenance and repairs.
• Recommend relevant safety checks and maintenance programs.
• Ensure your Strata Management Agreement limits your liability.
• Warn the OC of potential liability and dangers if they wait until ‘someone else’ fixes it.
What are the changes to the Strata Schemes Management Act which a ect the duty of the Owners Corporation to maintain and repair property?
SSMA 1996
Section 62 What are the duties of an Owners Corporation to maintain and repair property?
1. An Owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the Owners Corporation.
2. An Owners corporation must renew or replace any fixtures or fi ings comprised in the common property and any personal property vested in the Owners Corporation.
3. This clause does not apply to a particular item of property if the Owners Corporation determines by special resolution that:
a. It is inappropriate to maintain, renew, replace or repair the property, and
a. It’s decision will not a ect the safety of any building, structure or common property in the strata scheme
or detract from the appearance of any property in the strata scheme.
SSMA 2015
Section 106 Duty of owners corporation to maintain and repair property
1. An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
2. An owners corporation must renew or replace any fixtures or fi ings comprised in the common property and any personal property vested in the owners corporation.
3. This section does not apply to a particular item of property if the owners corporation determines by special resolution that:
d. It is inappropriate to maintain, renew, replace, or repair the property, and
e. Its decision will not a ect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
4. If an Owners Corporation has acted against an owner or other person in respect of damage to the common property, it may defer compliance with subsection (1) or (2) in relation to the damage to the property until the completion of the action if the failure to comply will not a ect the safety of any building, structure or common property in the strata scheme.
5. An owner of a lot in a strata scheme may recover from the Owner’s corporation, as damages for breach of statutory duty, any reasonably foreseeable loss su ered by the owner as a result of a contravention of this section by the Owner’s Corporation.
6. An owner may not bring an action under this section for breach of a statutory duty more than 2 years a er the owner first becomes aware of the loss.
7. This section is subject to the provisions of any common property memorandum adopted by the by-laws for the strata scheme under this Division, any common property rights by-law or any by-law made under section 108.
8. This section does not a ect any duty or right of the Owner’s corporation under any other law.
We recently purchased a rooftop apartment and had approval for terrace works. The renovations uncovered defects with the tiles and efflorescence. Who pays for the repairs of the defects?
We bought our rooftop apartment in Sydney around 12 months ago. On the terrace, there were a lot of timber tiles laid by the previous owners some years ago, and pot plants they had left behind. At our last AGM, we applied for outdoor renovations that included removing the temporary timber tiling. We were given permission to proceed with this work.
When we removed the old timber tiles we discovered two significant problems:
1. The original ceramic tiles underneath the timber tiles have all been permanently stained with what looks like a bleaching effect from efflorescence, and
2. The tiles themselves are showing distinct signs of water penetration, lifting up, grout & silicone damage. Our complex is 12 years old.
Rectifying this cosmetically and structurally will cost from $42,000 to $112,000. Who is liable for this cost? Is it the previous owners, the owners corporation, the new owners?
Taking a patch and repair approach can lead to issues with the contractor providing warranties, particularly when you are dealing with waterproofing components.
A comprehensive repair, down to the substrate of the balcony, doors out, balustrade walls wrapped etc is what is required.… not an isolated repair as the lot owner indicates is their preference.
We would also note that taking a patch and repair approach can lead to issues with the
contractor providing warranties, particularly when you are dealing with waterproofing components (e.g. waterproofing membranes), full replacement is what would be required in most instances for a contractor to provide warranty of the works.
Subject to any notations on the strata plan and any special by-laws applicable to the scheme and provided that the tiles were in situ at the time of the registration of the strata plan, usually, the ceramic tiles and what is beneath them (eg waterproofing) is common property and therefore the responsibility of the Owners Corporation.
In terms of whether you may recover any costs from the previous owners for “latent” defects, you will need to consult with the conveyancer/ lawyer who acted on your purchase.
James McIntosh Sedgwick Building Consultancy division james.mcintosh@au.sedgwick.com
Leanne Habib | Premium Strata info@premiumstrata.com.au
Recycling food scraps does more than just lighten our rubbish bins.
Residents in the City of Sydney council area have:
• generated 64,447 kWh of energy. Enough energy to power 11 average households in our area for a year.
• created almost 8 tonnes of fertiliser and 420 tonnes of compost to nourish soil in gardens and parks.
• avoided the equivalent of 1,735 t of CO2. That’s the same as taking 416 cars permanently off the road.
“I’ve also been using it for my coffee grounds. I’m really happy about that because they were going in the bin or down the drain.”
If you are in the City of Sydney council area, register your interest for your apartment building to start recycling food scraps.
Maggie – Food scraps champion
“The more neighbours get involved and the more ownership they take ... the more everyone feels at home.”
Fiona – Food scraps champion
and
to
P: 1300 800 123
W: https://www.installmyantenna.com.au/ E: info@installmyantenna.com.au
Australia’s Strata Title Information Site
W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au
Demystifying the legal complexities of apartment living
W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au
P: 02 9492 8200
W: https://www.strata.community/ E: admin@strata.community
LUNA
Building and Facilities Manager
P: 1800 00 LUNA (5862)
W: https://www.luna.management/ E: info@luna.management
Putting You First
P: 0402 083 404
W: https://firstfm.net.au/ E: admin@firstfm.net.au
Building management and Maintenance
P: 1300 477 434
W: https://www.performancefacilitymanagement.com.au/ E: info@performancefm.com.au
Connecting People – Creating Communities
P: 1300 064 667
W: https://www.mimor.com.au/ E: info@mimor.com.au
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 PTY LTD
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
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://thestratavault.com/ E: julie@thestratavault.com
Building Consultancy Division & Repair Solutions
W: https://www.sedgwick.com/solutions/global/au
E: info@au.sedgwick.com
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
Built For Strata
P: 1300 148 150
W: https://www.budgetvals.com.au/ E: reports@budgetvals.com.au
Comapliance Made Easy
P: 1300 309 201
W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au
Quantity surveying services since 1977
P: 1800 808 991
W: https://www.leary.com.au/ E: enquiries@leary.com.au
Managing clients
P: 02 9918 2200
W: https://auricprojects.com.au/ E: info@auricprojects.com.au
Asbestos, Safety & Building Consultants
P: 1300 762 295
W: https://www.mabi.com.au/ E: info@mabi.com.au
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
Leaders in Building Efficiency
P: 0407 734 260
W: https://www.hfmassets.com.au/
E: david.chokolich@hfmassets.com.au
Delivering 360° engineering solutions for strata
P: 02 8961 3250
W: https://coreconsultingengineers.com.au/ E: admin@core.engineering
Body Corporate Report Specialists
W: https://www.seymourconsultants.com.au/ E: info@seymourconsultants.com.au
Sinking Fund Forecast, Insurance Valuations, OHS
P: 1300 857 149
W: http://www.iigi.com.au/ E: admin@iigi.com.au
Quality Reports On Time, Every Time!
P: 1300 136 036
W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com
A Strata Remedial Consultancy
P: 02 8095 8556
W: https://www.landlay.com.au/ E: admin@landlay.com.au
Buy and Sell with More Confidence
P: 1300 798 274
W: https://www.eyeon.com.au/ E: info@eyeon.com.au
Specialist in Strata Compliance Reports
P: 1300 107 280
W: https://www.biv.com.au/ E: biv@biv.com.au
Covid19 Safety Plans for Strata
P: 1300 828 344
W: https://covid19plans.com.au/ E: plans@covidplans.com.au
Find the Strata / CT Manager for your property
P: 0411 483 249
W: https://www.strataregister.com/ E: hello@strataregister.com
Specialised Legal Advice for Strata
P: 02 8706 7060
W: https://kerinbensonlawyers.com.au/ E: enquiries@kerinbensonlawyers.com.au
Be Empowered
P: 131 529
W: https://www.madisonmarcus.com.au/
E: marketing@madisonmarcus.com.au
Body Corporate Disputes & Litigation Specialists
P: 07 3235 0100
W: https://www.holmanwebb.com.au/
E: shane.roberts@holmanwebb.com.au
Effective, resource, clear.
P: 1300 072 626
W: https://www.rccolawyers.com/
E: assistant@rccolawyers.com
Australia’s leading strata law experts
P: 02 9199 1055
W: https://bagl.com.au/ E: info@bagl.com.au
Specialist ‘Plain English’ NSW Strata Lawyers W: https://www.muellers.com.au/ E: enquiries@muellers.com.au
Client focused, Results Driven
P: 0415 459 486
W: https://khourylawyers.com.au/ E: pierrette@khourylawyers.com.au
A construction and strata lawyer ready to listen
W: https://www.williamsonlawyers.com.au/ E: shane@williamsonlawyers.com.au
High Quality Specialist Legal Services
P: 02 9929 0226
W: https://www.bannermans.com.au/ E: enquiries@bannermans.com.au
Know. Act. Resolve. W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au
P: 02 9248 3400
W: https://www.speirsryan.com.au/ E: ssaw@speirsryan.com.au
“when experience matters”…..
P: 02 9221 6011
W: https://www.watsonandwatson.com.au/ E: richard@watsonandwatson.com.au
Diamond-Class strata management agency
P: 02 9281 6440
W: https://www.premiumstrata.com.au/ E: info@premiumstrata.com.au
A next generation strata manager. People matter.
P: 02 9879 3547
W: https://www.thestratacollective.com.au/ E: rsmith@thestratacollective.com.au
The bridge between you and your corporation
P: 02 6109 7700
W: https://bridgestrata.com.au/wp/ E: jan@bridgestrata.com.au
Strata Professionals
P: 02 9902 7100
W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au
When you build trust, you build a community
P: 1300 724 256
W: https://civium.com.au/ E: clientservices@civium.com.au
Strata Made Simple
P: 02 9008 1112
W: https://www.vitalstrata.com.au/ E: hello@vitalstrata.com.au
Providing a superior customer experience
P: 02 9299 1100
W: https://www.skylivingstrata.com.au/ E: enquiries@skylivingstrata.com.au
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
Boutique Strata Management Services
W: https://stratacentral.com.au/ E: enquiries@stratacentral.com.au
Tailored Strata Management Solutions
P: 02 7253 5820
W: https://www.acumenstrata.com.au/ E: info@acumenstrata.com.au
Protecting owner assets is who we are
P: 1300 554 165
W: https://www.stratainsurancesolutions.com.au/ E: info@stratainsurancesolutions.com.au
Empower Your Vision
P: 1300 424 627
W: https://www.whitbread.com.au/ E: info@whitbread.com.au
Specialist Strata Insurance Underwriting Agency W: https://www.chu.com.au/ E: info@chu.com.au
Protection for your strata property. And you. P: 1300 724 678
W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au
Your Cover Your Choice
P: 1300 201 021 W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au
Knowledge | Experience | Service
P: 0402 342 034
W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au
P: 1300 571 991
W: https://mjengineeringprojects.com.au/ E: info@mjengineeringprojects.com.au
Power.Water.Data
P: 1300 803 803
W: https://altogethergroup.com.au/home-business/ E: eaustin@altogethergroup.com.au
Providing Solutions for Embedded Networks
P: 1300 000 366
W: https://www.enmsolutions.com.au/
E: info@ENMSolutions.com.au
P: 1300 323 263
W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au
Powered by Trust
P: 1300 627 727
W: https://www.mcintoshelectrical.com.au/ E: jenny@mcintoshelectrical.com.au
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
Do IT with Spirit
P: 1800 774 748
W: https://www.spirit.com.au/
E: developers@spirit.com.au
Fight low returns and rising levies with us.
P: 1300 482 736 W: https://www.strataguardian.com/ E: contact@strataguardian.com
Experts in Fire Protection for Strata
P: 1300 340 210
W: https://www.2020fireprotection.com.au/ E: service@2020fire.com.au
Your Essential Safety Partner
P: 1300 669 439
W: http://www.linkfire.com.au/ E: sales@linkfire.com.au
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
Specialist painters in the strata industry
W: https://www.higgins.com.au/ E: info@higgins.com.au
Total Building Maintenance & Remedial Solutions
P: 0411 152 430
W: https://www.duluxconstructionsolutions.com.au/ E: propertyservice@dulux.com.au
3 Colours Painting Services
P: 1300 883 635
W: https://3colours.com.au/
E: 3colours@3colours.com.au
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
Specialise in Drain & Pipe Cleaning
W: https://www.hydraulica.com.au/ E: darren@hydraulica.com.au
Award-winning drain clearing & relining specialists
P: 1800 843 372
W: https://www.thedrainman.com.au/ E: enquiries@thedrainman.com.au
Over 30 years serving Sydney Strata buildings
P: 02 8583 2360
W: plumbertotherescue.com.au/strata-commercial.html
E: jobs@mrwasher.com.au
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
Network Pacific Strata Franchise
Join our successful team
P: 03 9999 5488
W: www.networkpacificstratafranchise.com.au/
E: networkpacific@franchisedevelopments.com.au
Replacement window and door specialists
P: 02 8304 6400
W: https://windowline.com.au/
E: info@windowline.com.au
Don’t choose any guy, choose The Window Guy!
W: https://www.thewindowguy.com.au/
E: info@thewindowguy.com.au
Windows & door replacement specialists
P: 02 9938 1500
W: https://www.selectwindows.com.au/ E: sales@selectwindows.com.au
People, innovation and value sharing
P: 1300 322 622
W: https://www.humenergy.com.au/ E: Info@humenergy.com.au
Australia’s Leading Energy Saving Partner
W: https://greenguys.com.au/ E: sean@greenguys.com.au
Australia’s Vertical Transportation Consultants
P: 0417 784 245
W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au
Independent Embedded Network Consulting Services
P: 0452 411 247
W: https://www.arenaenergyconsulting.com.au/ E: joseph@arenaenergyconsulting.com.au
Simplifying Energy For Strata
P: 1300 060 111
W: http://www.strataenergyservices.com.au/ E: info@strataenergyservices.com.au
Groundfloor™
Australian parcel, mail, and refrigerated lockers
P: 03 9982 4462
W: https://groundfloordelivery.com/
E: ask@groundfloordelivery.com
Client-Side Project Management Specialists
P: 02 8542 4293
W: https://valenprojects.com.au/ E: enquiries@valenprojects.com.au
Untangling strata problems
P: 0419 805 898
W: https://stratasolve.com.au/ E: chris@stratasolve.com.au
Reconcile and rebuild through mediation
P: 0413 334 633
W: https://insightresolutions.com.au/ E: vad.mediation@gmail.com
The Experts in Strata Finance
P: 1300 785 045
W: https://www.strata-loans.com/ E: info@strata-loans.com
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
Matching top talent with incredible businesses
P: 0413 381 381
W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au
Purposeful Design Solutions
P: 0451 541 006
E: kiara.mcilroy@gmail.com
Building Brand Authority & Thought Leadership
P: 0425 232 394
W: https://www.marketingforbusiness.com.au/
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