Problems with your Strata Manager? Here are some tips. Page 20 | The Strata Collective The NSW STRATA MAGAZINE SEPTEMBER 2022 Committee members paying themselves Page 26 | Kerin Benson Lawyers How do you lodge a claim for damage from a contractor? Page 10 | Strata Insurance Solutions
Among other daily tasks, Liza is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.
Learn more here → https://www.lookupstrata.com.au/about-us/
Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013.
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.
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.
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.
Disclaimer: The information contained in this magazine, including the response to submitted questions, is not legal advice and should not be relied upon as legal advice. You should seek independent advice before acting on the information contained in this magazine.
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.
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.
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You can contact us here → administration@lookupstrata.com.au
Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.
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 now known as the Industry Understanding Committee.
Meet the team Liza Jovicic Sales and Content Manager
About Us
4 MIMOR helps residents do things by the book MIMOR 6 Who is responsible for non compliant waterproofing? Bruce McKenzie, Sedgwick 8 Should we engage a project manager? Gary Stevenson, Windowline 10 How do you lodge a claim for damage from a contractor? Tyrone Shandiman, Strata Insurance Solutions 12 Who can view CCTV footage? Leanne Habib, Premium Strata 14 Claiming gas bill increase due to burst hot water pipe Tyrone Shandiman, Strata Insurance Solutions 16 Is the Strata Manager authorised to raise special levies? Leanne Habib, Premium ContentsStrataThanks to our sponsors 18 Checking faults on the fire panel Rob Broadhead, 2020 Fire protection 20 Problems with your Strata Manager? Here are some tips. Rod Smith, The Strata Collective 22 Decisions made by unfinancial EC members. Are they valid? Tim Sara, Strata Choice 24 Maintenance stalemates in a multi purpose building Shane Williamson, Williamson Lawyers Pty Ltd 26 Committee members paying themselvesAllisonBenson,Kerin Benson Lawyers 28 What to look for when changing strata managers SCA (NSW) 32 The NSW LookUpStrata Directory
MIMOR helps residents do things by the book
COMMON AREA BOOKING SYSTEM
Anyone who has lived in an apartment complex knows only too well the disappointment of arriving at the gym or pool only to discover every other resident has had the exact same thought at the exact same time. It’s a scenario that helped to inspire Australian entrepreneur Jake Sharp to create the MIMOR digital platform, an information and booking hub designed to overcome strata-living sticking points and create a more harmonious living environment.
Strata apartment living brings with it many advantages: less maintenance, lower running costs and added security. But higher density living can also have its downsides when it comes to sharing common amenities.
MIMOR’s common area booking feature allows residents to choose the facility and time they wish to book, with the confirmation email outlining any rules that need to be complied with.
“The latest data shows almost 10 per cent of the Australian population live in strata schemes. I created MIMOR to be inclusive of as many of those residents and owner corporations as possible,” Sharp said.
MIMOR (Move In Move Out Register) is a one-stop shop acting as a central digital system for residents and building managers and service providers, comprising vital building information, moving processes, parcel management procedures, general announcements and real-time communications via email and SMS alerts.
For more information, go to mimor.com.au
And for residents working from home and needing a quiet space and professional backdrop to impress for that important client presentation, the booking system can also be used for conference room facilities. “Good neighbourly relations are always important, but even more so when you are living in close proximity and sharing the space with dozens or even hundreds of people,” Sharp said. “An independent booking system provides opportunity for all and certainty for residents and their guests, knowing they can turn up and enjoy use of the barbeque at their chosen time.”
info@mimor.com.au mimor.com.au
The booking feature can even be tailored to ensure compliance with health advice, with building managers able to nominate time intervals and the maximum number of people allowed to use the facility for the allocated time. Time and number limitations can also be reset to reflect revised state or local government restrictions.
MIMOR subscriptions are scalable, from three apartments to more than 500. The platform is being translated into 10 languages, with a mobile app version to launch soon.
Who is responsible for non compliant waterproofing?
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What options do owners corporations have to hold builders or certifiers responsible for what transpires, over time, to be non compliant waterproofing? We’re in the $100s of $1000s repairing waterproofing to courtyards, terraces and driveways. It’s incredibly unfair to owners. An excuse from a builder or developers simply not returning because they don’t want to does not wash anymore.
There are a couple of new acts that have been introduced. The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 is one in particular where there is accountability for builders and developers to return to remedy historical problems on buildings. That act has been introduced specifically for this and there certainly is an opportunity for owners to pursue down that pathway. It’s something that, I would say, is relatively new in the industry. It hasn’t been tested to its full extent yet but it’s getting pushed quite hard at the moment to start getting some traction and utilising the mechanisms that are within that act to get some sort of response out of builders.
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we do, we are starting to utilise a bit more now. I would certainly encourage any owner to explore that and exhaust every single opportunity to try and get some sort of recourse back. Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com
An excuse from simply not returning don’t want does It’s not good enough there are ramifications The Act is a law there is requirement would be looking things that’s something
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READ MORE HERE BUILDING CONSULTANCY • Defect reports & forensic engineering • Scope of works • Dilapidation & risk surveys • Dispute mediation and expert witness • Contractor procurement and cost validation • Construction management • Capital Works Funds/Maintenance Plans • Digital Capability REPAIR SOLUTIONS • Emergency make safe • Fire water restorationdamage • Leak detection • Contamination response • Building repairs • Cost validation services • Digital Capability Supporting Owners and Strata Managers with tailored remediation and repair solutions 1300 735 720 sales@au.sedgwick.com 1300 654 599 sales@au.sedgwick.com
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if they don’t, including deregistration.
Having a suitably qualified person prepare a scope to work, assess the offers and supervise the work would always be in the owner’s best interest, provided they are comfortable with that level of additional expense.
Costs incurred by the strata scheme are apportioned to the individual lots on the basis of the unit entitlement, in the same way, that levies are calculated. That said, depending on the date of the registration of the strata scheme, anything inside the balcony may not be deemed to be common property. If the scheme was registered prior to 1974, anything inside the balcony, including the balcony door is not considered to be common property and the lot owner would responsible for the cost of replacing the door.
If owners decide to include additional items like screens, security doors or other options in the main contract or make individual owners responsible for these costs, it’s entirely up to the owners to decide what works best. The downside to the strata scheme paying for these extras is that any maintenance of those items would become the responsibility of the strata scheme. The installation of replacement windows and doors should be a relatively straightforward matter depending on the age of the building, however having a suitably qualified person prepare a scope of work, assess the offers and supervise the work would always be in the owner’s best interest, provided they are comfortable with that level of additional expense.
Should we engage a project manager?
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Gary Stevenson | Windowline info@windowline.com.au
Our building is in the process of organising quotes to replace windows and sliding doors in our building. We are a four lot strata scheme in the process of organising quotes to replace windows and sliding doors in our building. How are costs of the project divided between lot owners? If some lot owners want extras such as fly screens and security doors, should these items be included in the works and charged on an individual basis? Do we need to engage a project manager or engineer to oversee the works or should we rely on the contractor for this service?
After heavy rain, we had a roofer come to repair the resulting leaks. In subsequent storms, several of the repaired units experienced further leaks. Would the damage be covered by strata insurance or the roofer’s insurance?
Lodge a claim on your strata policy making sure the insurer is aware that the damage could have been a result of the roofer’s actions. The insurer will decide at the end of the claim whether it is appropriate to recover against the roofer for the claim.
Damage from a contractor. How do you lodge a claim?
www.lookupstrata.com.au10
Make a claim on your strata insurance and have your insurer follow up or recover against the roofer.
Tyrone
Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au READ MORE HERE
Unless it’s a really small claim that you’ve fixed and got paid for and you’re not waiting on anything, I’d firstly recommend making a claim on your strata insurance and having your insurer follow up or recover against the roofer.
You can go through the roofer and submit a letter of demand but that’s going to be a very prolonged process. It will go through the roofer’s liability insurance. The liability insurer doesn’t specifically have the same duty to you as the property insurer in that, they’re not bound by time to get a response back to you.
We have concerns this may result in a conflict of interest if the committee members viewing the footage are involved in the matter or if they do not wish other members or associates to be implicated in a matter.
Common property damage
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If the CCTV is limited to optical/video surveillance and the Owners Corporation maintains it, it will likely form part of the books and records of the Owners Corporation and theoretically be available for viewing under an inspection of Owners Corporation’s records under the strata legislation (which attracts a fee).
Time Frame If an injury has occurred
Who can view CCTV footage?
We live in a strata complex with video surveillance cameras in and around common Whoproperty.isable
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Two members of the Strata Committee then view the footage. The person who raised the request is not permitted to view the footage.
In our view, the footage should be available to all owners (as they all own the common property in proportion to their unit entitlements) and we understand that if you have been video recorded you have the legal right to view the footage (though you would need to seek legal advice on this aspect) as there are competing concerns.
Police Request
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We recommend the passing of a by-law to regulate the placement thereof, viewing and storage of footage by whom and for what period of time, CCTV signage etc.
Criminal Offence
Our strata complex has video surveillance cameras in and around common property. Can the committee restrict who can view the footage?
The Strata Committee currently withhold access to view footage. Lot owners must provide a detail application to the committee following this criteria:
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The actions of contractors or other persons may be reviewed to determine if the terms of their contract have been breached or bylaws have been breached.
to view video footage if an incident has occurred?
While the strata legislation does not expressly deal with the installation of CCTV, like any other installation on the common property, a special resolution by the Owners Corporation may authorise same (provided the Owners Corporation complies with the Surveillance Devices Act, 2007 (NSW) and obtains Council consent, if required, and, only common property is monitored). We recommend the passing of a by-law to regulate the placement thereof, viewing and storage of footage by whom and for what period of time, CCTV signage etc.
Leanne Habib | Premium Strata info@premiumstrata.com.au
www.lookupstrata.com.au14
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hotdueincreasetoburstwaterpipe
The question of who is responsible for the water expense outside of an insurance claim best fits with a legal or strata management professional. If the owners corporation are responsible for maintaining the pipe, there may be a legal argument that they are responsible for the costs.
Claiming gas bill
Cover for excess water usage will differ from insurer to insurer – for example, some insurers will offer cover if the insured property is damaged by an event covered by the policy. If the claim is just for a burst pipe from wear and tear, the policy usually does not respond.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
As a result of a burst pipe, our gas and electricity bills associated with hot water have increased. I can’t find any mention of this in our insurance policy PDS. If the responsibility for the repair falls to the owners corporation, should they also cover these increased expense? If the owners corporation are responsible for maintaining the pipe, there may be a legal argument that they are responsible for the costs.
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Is the Strata Manager authorised to raise special levies?
www.lookupstrata.com.au16
It is unlikely that the strata manager would simply have placed the motion on the agenda without any direction It is not illegal as owners are permitted to have motions considered. It is unlikely that the strata manager would simply have placed the motion on the agenda without any direction. It seems that the strata manager may have observed a serious lack of funds to carry out essential and urgent repairs and may have been concerned about a delay in raising funds to attend to same.
You can ask the Chairperson to defer consideration of the motion until the relevant strata committee meeting has been held if time is not of the essence.
Without committee approval, our Strata Manager has sent out a notice of a Special General Meeting with a motion to raise a special levy of $200,000 for the sinking fund. Do they have the authority? Our strata manager has sent out a notice of a Special General Meeting with a motion to raise a special levy of $200,000 for the sinking fund. As a member of the strata committee, I know this motion has not been discussed at any strata committee meeting and there are no emails except for the Special General Meeting notice. At the previous meeting, there was a general discussion about a possible need to raise more money. We decided that we would discuss the matter further at the following committee meeting, yet this has not occurred. Is this legal? Does the Strata Manager have the authority to organise this motion without committee approval?
Leanne Habib | Premium Strata info@premiumstrata.com.au
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This is a difficult one because there are so many factors involved. But I would agree with the statement that ‘A fault is a fault’ and it should be looked at.
What we mostly don’t know when it comes to a fault is: how big is the fault? Is the fault one detector that has spiders or water that has run through it, or a cable disconnected? Or is the entire car park not functioning?
Sometimes the strata and the fire contractor can work together to identify how big the problem is because it may be indicated on the fire panel screen. Maybe there is a battery in one detector that is low or broken. Fair call, it might be a risk management versus costs decision to leave it for the next inspection because it’s still probably going to work and there are probably other detectors within 10 metres of it that will cover off most of the risks. But if it’s just registering as a fault and you can’t identify how big it is, I think it’s important to go and investigate. The orange light on the panel showing fault could be the entire system no longer functioning or it could be that one detector with a low battery. An investigation is very important but yes, some of it can be done over the phone If the panel on that system gives you enough information. Rob Broadhead | 2020 Fire Protection rob.broadhead@2020fire.com.au
Should the fire contractor be checking registeredallfaults on the fire panel? Our committee will often leave these until the next system check.
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Currently the fire panel indicates a fault in the underground garage. It is an area, due to the presence of petroleum, that should be fire safety compliant at all times.
Checking faults on the fire panel
Our strata building has a predominantly wireless fire system. When the fire panel shows a fault, the strata committee will often say “It can wait to be rectified when the fire contractor next comes out to check the system under our contract, as the cost of the call out is not warranted”. That may save money, but does that save lives?
A fault is a fault and should be attended to. Some faults may not require an out of hours call out, that’s a judgement call. A fault is a fault and it should be looked at.
Speak to their direct report, licensee in charge, team leader, and explain some of your concerns.
If the Strata Manager is not assisting, how and when can we request to replace this person?
someHereManager?StratawithProblemsyouraretips.
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I’ll assume you’re on the strata committee, because if you’re an owner and the strata committee is working with the strata manager there may be misalignment between what you think they’re doing versus what the strata committee is doing. The strata committee may not want to be doing some of the things that you’re requesting.
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
Also, I would provide the manager with a list of outstanding items. It’s one thing to say “We don’t like Joanne, she doesn’t know what she’s doing”. But if you say ‘”We need these items actioned”, normally, the manager would be able to help you follow those things through to bring everything back up to date. You can then move forward and hopefully live happily ever after.
Rod Smith | The Strata Collective rsmith@thestratacollective.com.au
If you’ve got a problem with your Strata Manager, first speak to their direct report, licensee in charge, team leader, and explain some of your concerns. In my experience, concerns are usually about responsiveness or actioning items. They may be behind which may be a resourcing thing or COVID, I’m not really sure. Their direct report may be able to do a manager swap. If their response is, “No. Joanne’s the best strata manager in here, and we’re not changing”, then I would say, “Okay, that’s fine. But just putting you on notice that things need to improve. If it doesn’t, we’ll be looking at other options once the contract is expiring. We would prefer to work with you. However, if Joanne doesn’t lift her game, then we’re moving on”. That’ll, hopefully, get things moving in the right direction.
Where People Matter.
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The Strata Collective.
You’re better off to try and work with the people you’ve got rather than constantly chopping and changing, unless there’s a genuine reason for change.
Our Strata Manager has informed us that at the beginning of each EC general meeting, we must ask if any members declare they are unfinancial. If the committee does not ask this question and an unfinancial member moves a motion or votes on a motion, that motion can be declared valid. My understanding is that if any EC member votes on a motion when they are unfinancial, that motion is invalid. I raised this during acceptance of the previous minutes where an unfinancial member voted and moved a motion. The Strata Manager stated this was ok as we didn’t ask the question at the beginning of that meeting to find out if anyone was unfinancial.
What are the rules regarding Executive Committee members moving and passing motions when they are unfinancial?
WE THEREADFINE PRINT, SO YOU DON’T HAVE TO. 131 LAW (131 529) Strata disputes, Building Defect Claims, By – Laws, Strata Renewal, Collective Sale, Strata Development, Strata Schemes, Neighbouring Property Disputes, Amending & Terminating Strata Schemes, Pet By-Laws Sydney Office Level 10, 60 Castlereagh Street Sydney NSW 2000 Parramatta Office Suite 1, 80 George St Parramatta NSW 2150 strata@madisonmarcus.com.au www.madisonmarcus.com.au
www.lookupstrata.com.au22 ECunfinancialmadeDecisionsbymembers. Are they valid?
For example, if there were four votes cast in favour, and one vote against, and one of the four votes was actually invalid (e.g. they were unfinancial), the outcome would have been the same anyway as it was still 3 to 1.
Even if there was an error with the vote count and declaration by the chairperson, it might not necessarily have changed the outcome of the decision.
The reason being that under section 24 of the Strata Schemes Management Act, the NSW Civil & Administrative Tribunal can make orders invalidating resolutions. However, section 24(3) states:
The validity of decisions
23
The chairperson of any meeting should consult with the Treasurer (or Strata Managing Agent) to understand who is financial and unfinancial, in order for them to preside at the meeting and make determinations properly.
The chairperson of any meeting should consult with the Treasurer (or Strata Managing Agent) to understand who is financial and unfinancial, in order for them to preside at the meeting and make determinations properly. The source of truth is the financial records – not the declaration of those present (after all – usually, when people are in arrears, they don’t know it).
Section 42 of the Strata Schemes Management Act clarifies the functions of the chairperson, being: a. to preside at meetings of the owners corporation and the strata committee of the owners corporation, and b. to make determinations as to quorums and procedural matters at meetings of the owners corporation and the strata committee of the owners corporation.
• Clause 8(1) requires the chairperson to preside at any meeting at which they are present (and clause 8(2) allows the committee to appoint another member if the chairperson is not present).
Relevant legislation
Schedule 2 of the Strata Schemes Management Act sets out the Meeting Procedures of Strata Committees.
Tim Sara | Strata Choice tsara@stratachoice.com.au
• Clause 7 requires that the notice of a strata committee meeting must include a detailed agenda (with all of the motions to be considered).
• Clause 9(4) excludes a member of the strata committee from being entitled to vote on any motion if: i. they are unfinancial as of the date that the notice of the meeting was given; and ii. they have not paid the amounts owed by the time of the meeting.
The Tribunal may refuse to make an order under this section only if it considers— a. that the failure to comply with the provisions of this Act or the regulations, or of the Strata Schemes Development Act 2015, did not adversely affect any person, and b. that compliance with the provisions would not have resulted in a failure to pass the resolution or affected the result of the election.
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• Clause 14 clarifies that a motion can only be moved by a person entitled to vote on it. It should be noted that moving a motion does not allow for motions to be added to the agenda (an example of moving a motion might be to move to amend a motion).
The correct way
There are many rules to consider before, during and after a Strata Committee Meeting. In this article, let’s focus on the issues raised in the question.
stalematesMaintenancein a multi buildingpurpose
Shane WilliamsonWilliamsonLawyers Pty Ltd shane@williamsonlawyers.com.au
Our multi purpose building consists of 4 strata schemes. The balance between the voting rights and proportion of levies leads to stalemates and no decisions. Is there a solution? We live in a 20-year-old multipurpose building consisting of a tavern, hotel accommodation, short-term tourist apartments and residential apartments. There are 4 strata schemes that make up the Building Management Committee (BMC) governed by a BMC statement. The BMC voting rights are 1 vote for each Strata, however, the residential strata pay the majority of the building costs as per the BMC statement ‘Relative portion of each strata lot’. This is very restrictive when trying to reach an agreement and especially building maintenance where two of the stratas don’t agree, resulting in a stalemate and no decision. We have looked into amending the BMC Statement, but that appears prohibitive and will cost a lot in legal fees. There is a clause for dispute resolution. Is it possible to amend the actual value of a BMC voting right based on the percentage being paid for each item being voted on; similar to unit entitlement apportionment?
READ MORE HERE
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effective means of achieving a satisfactory outcome to the issues you are experiencing.
If legal fees are prohibitive, it may be best for you to spend some time studying the Strata Management Statement in detail and seek to utilise the provisions within the statement to your advantage as opposed to attempting to amend or challenge the statement. You may be able to place the residential stratum scheme in the position where it will have a strong case to prove the other members are in breach of the Strata Management Statement.
If agreement is not able to be reached due to a voting deadlock, you should review the Strata Management Statement for a deeming provision which provides that a deadlock is deemed to be a dispute. Such a provision will usually direct the members to proceed in accordance with the dispute resolution provisions. Even in the absence of a deeming provision, you should assess whether the issues constitute a dispute pursuant to which you may exercise the dispute resolution provisions in the Strata Statement.Management
The amount the residential stratum scheme pays towards the building costs are prescribed as percentages in the shared facilities register. The percentages should have been calculated based upon a particular valuation method (which may differ depending upon the type of facility) and if you are concerned that the percentages are not reasonable or correct, you should start by looking into the method of valuation which has been used. If your concerns relate to the lack of maintenance of the shared facilities, it may be best to start by obtaining a report from a consultant proving the maintenancenecessaryrequirement are not being satisfied, the consequences of this (i.e. ongoing damage, safety issues, etc.), and the costs to implement the maintenance requirements (a quotation is better than an estimate).
The fact that the residential stratum scheme is paying the majority of the “building costs” does not necessarily mean that it should have equivalent voting power.
In any case, from a costs perspective, if agreement cannot be reached between the 4 members in relation to building maintenance, it could be assumed that the other 3 members are unlikely to agree to an increase in your voting power which would result in a decrease in their voting power.
Often if maintenance is not being undertaken there is also insufficient funds in the sinking fund. Keep in mind that if the residential stratum scheme is paying the majority of the “building costs” it is probably required to pay the majority of the contributions into the sinking fund. You will need to review the Strata Management Statement carefully to assess the requirements for placing a motion on the agenda to resolve to undertake the maintenance. If a majority do not vote in favour of the motion, you should then enquire into the reasons and assess whether the failure to resolve to undertake the maintenance work constitutes a breach of the Strata Management Statement.
As the number of votes are prescribed by the Strata Management Statement, the mechanism for amending the number of votes is likely to be the same as amending the statement generally, which you have already looked into and have found the legal costs to be prohibitive.
25 Assess whether the issues constitute a dispute pursuant to which you may exercise the dispute Statement.StrataprovisionsresolutionintheManagement
As I have not reviewed the Strata andbetohowever,residentialofintocannot,IproceedingsatplacingManagementcompliancewantsablestratumrepresentationwithgeneralStatement,ManagementIcanonlyprovidecommentshowevertherightlegaladviceandtheresidentialschememaybetoprocuretheresultitbyestablishingnon-withtheStrataStatementandtheothermembersriskofpayingcostsiflegalareinstigated.donotsuggestthatyouorshouldnot,lookchangingthenumbervotesallocatedtothestratumschemeasIhaveattemptedexplainabove,thismaynotthebestcoursetoadopttheremaybemorecost
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Committee members paying themselves
Requestmonths?an honorarium be paid to any strata committee member that has conducted work beyond what a normal strata committee would do.
The quick answer is no, not without an order of the NSW Civil & Administrative Tribunal to vary your contributions under section 87 of the Strata Schemes Management Act 2015 (see below). Instead of taking this path I would instead encourage you to request an honorarium be paid to any strata committee member that has conducted work beyond what a normal strata committee would do. This is permitted under section 46 of the Strata Schemes Management Act 2015 (see below). It must be passed by way of an ordinary resolution at a general meeting and can only be for past services.
Can a committee member organises to pay themselves an entitlement fee and then request to double their pay after 6
87 ORDERS VARYING CONTRIBUTIONS OR PAYMENT METHODS
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46 PAYMENT OF OFFICERS OF OWNERS AnCORPORATIONownerscorporation may pay to a person who is an officer of the owners corporation or another member of the strata committee of the owners corporation an amount determined by the owners corporation at an annual general meeting in recognition of services performed by the person for the owners corporation in the period since the last annual general meeting.
| Kerin
2. An application for an order may be made by the lessor of a leasehold strata scheme, an owners corporation, an owner or a mortgagee in possession HERE Benson Benson
1. The Tribunal may, on application, make either or both of the following orders if the Tribunal considers that any amount levied or proposed to be levied by way of contributions is inadequate or excessive or that the manner of payment of contributions is unreasonable–a.anorderfor payment of contributions of a different amount, b. an order for payment of contributions in a different manner.
Lawyers allison@kerinbensonlawyers.com.au
Allison
WHO WE ARE The peak industry body for Strata and Community Title Management in NSW. WHAT WE DO We are a professional association and consumer advocate for strata managers, strata owners and suppliers to the sector. WHY IT MATTERS We raise strata industry standards and provide members with professional recognition and a competitive advantage. BECOMING A MEMBER IS EASY.... To access exclusive benefits such as 9 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 JOIN SCA ( NSW ) TODAY Strata Community Association (SCA NSW) is the peak professional industry body and consumer advocate for Strata and Community Title Management in New South Wales. Membership includes strata managers, support sta , and strata service providers to the industry. SCA (NSW) has in excess of 3,000 members who help oversee, advise or manage over 750,000 lots in NSW. SCA (NSW) champions consumer rights and advocates for the highest industry standards and professionalism.
All Owners Corporations have unique needs, so it’s important to have comprehensive knowledge of di erent types of properties. Look for membership with Strata Community Association, or in NSW, compliance with the SCA (NSW) Professional Standards Scheme.
WHAT TO LOOK FOR WHEN CHANGING STRATA MANAGERS nsw.strata.community(02) 9492 8200 membership.nsw@strata.community
Administration and reporting
The ideal strata manager should be approachable and transparent, with e ective communication and people skills. They should also have a genuine interest in contributing positively to the industry.
Communication - transparency and expectation management
Your candidate should possess strong industry knowledge, especially around legislation. It is an advantage to your property that they have detailed understanding of state regulations, as well as a sense of current issues. This makes a significant di erence with e ciency and cost e ectiveness.
Ask the right questions to ascertain skills and establish credentials. A qualified strata manager will be well versed in finance, commerce, residential and commercial, liability, leasing and more. They will have appropriate educational and professional backgrounds and be members of the relevant industry bodies. There are 3 licence levels in NSW, the minimum being a Certificate of Registration (Class 3 agent), then managers progress towards a Class 2 licence, business leaders then require a Class 1 licence. Industry legislation knowledge
Regular reporting is essential in making informed decisions, so it is important to understand your potential manager’s capabilities. Reports establish an e cient system to understand complex information, analyse trends, maintain meeting records, and meet maintenance requirements. A good strata service will utilise comprehensive reports and take the time to support you to understand the information.
Experience and professionalism
Selecting a strata manager is crucial to the e cient running of your property. To help you make this decision we have swept through best industry practice and advice to unpack the top six considerations when engaging a strata management service.
The most common conflict in building management arises from poor communication. The terms and conditions when engaging a strata manager should be clear on both sides to ensure there are no grey areas. Se ing clear expectations helps give both sides certainty and e ciency.
Of all the qualities needed in a manager, broad experience and a professional a itude are paramount.
Qualifications
Service: responsiveness and availability Service is an expected but o en underappreciated quality, and critical in ensuring your property’s integrity and security. From being responsive to emails and phone calls, to providing assistance in a timely manner, it is important to document service levels in your agreement. This may include responding to maintenance requests swi ly, e cient communications, cleanliness and maintenance, insurances and other statutory obligations.
City of Sydney grant round open Owners corporations in the City of Sydney government area are eligible to apply for a Green Buildings grant. Applications open Tuesday 30 August and close Tuesday 27 September. If successful, funding is for projects from 1 January Funding2023. available: • up to $15,000 for 1st year NABERS energy and water ratings and action plans • $5,000 for 2nd year NABERS energy and water ratings Find out more in the City of Sydney grant guidelines. Apply here. For further questions, email the grants team at communitygrants@cityofsydney.nsw.gov.au .
Articles & Q&As The LookUpStrata Directory The Strata Magazine Webinars & Newsletters Your source of reliable Strata news and sinceinformation2013 Providing detailed, practical, and easy to understand strata information to all Australians.
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Mimor Connecting People – Creating Communities P: 0414 228 644 W: https://www.mimor.com.au/ E: info@mimor.com.au Stratabox Customer Service Software for Strata P: 1300 651 506 W: https://stratabox.com.au/ E: contact@stratabox.com.au
LIST BUSINESSMY PRINT YOUR DIRECTORY HERE
Your Strata Property Demystifying the legal complexities of apartment living W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au
LookUpStrata Australia’s Strata Title Information Site W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au
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ResVu PTY LTD Building Confidence P: 08 7477 8991 W: https://resvu.com.au/ E: enquiries@resvu.com.au StrataMax Streamlining strata P: 1800 656 368 W: https://www.stratamax.com/ E: info@stratamax.com MYBOS Building Management - Residential & FM Schemes P: 1300 912 386 W: https://www.mybos.com.au/ E: sam@mybos.com.au Strata Vault Securely share documents with third parties P: 1300 0 VAULT (82858) W: https://www.stratavaults.com/ E: julie@thestratavault.com Urbanise Automate your workload to increase efficiency. P: 1300 832 852 W: https://www.urbanise.com/ E: marketing@urbanise.com 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
EDUCATIONANTENNAS&TRAININGSOFTWARE
INVESTMENT SERVICES
Strata Community Association P: 02 9492 8200 W: https://www.strata.community/ E: admin@stratacommunity Strata Guardian Fight low returns and rising levies with us. P: 1300 482 736 W: https://www.strataguardian.com/ E: contact@strataguardian.com
FACILITY MANAGEMENT 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
CORE Consulting Engineers Delivering 360° engineering solutions for strata
Independent Inspections
Sinking Fund Forecast, Insurance Valuations, OHS P: 1300 857 149 W: http://www.iigi.com.au/ E: admin@iigi.com.au
P: 1300 136 036 W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com
Sedgwick Building Consultancy Division & Repair Solutions W: https://www.sedgwick.com/solutions/global/au E: info@au.sedgwick.com
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
Leary & Partners
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
BUILDING ENGINEERS & INSPECTORS
GQS Quantity Surveyors & Building Consultants
P: 1300290235 W: https://gqs.com.au/ E: info@gqs.com.au
P: 1800 767 266 W: https://www.roscon.com.au/ E: info@roscon.com
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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
Roscon Property services & facilities management
Solutions in Engineering Quality Reports On Time, Every Time!
Mabi Services Valuations, Maintenance Plans, Asbestos P: 1300 762 295 W: https://www.mabi.com.au/ E: info@mabi.com.au
Landlay Consulting Group A Strata Remedial Consultancy P: 02 8095 8556 W: https://www.landlay.com.au/ E: admin@landlay.com.au
Quantity surveying services since 1977
P: 1800 808 991 W: https://www.leary.com.au/ E: enquiries@leary.com.au
Auric Projects Managing clients’ property projects professionally P: 02 9918 2200 W: https://auricprojects.com.au/ E: info@auricprojects.com.au
BIV Reports
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
Madison Marcus Law Firm Be Empowered P: 131 529 W: https://www.madisonmarcus.com.au/ E: marketing@madisonmarcus.com.au
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STRATA LAWYERS
Khoury Lawyers Pty Ltd
Specialising in property development & strata law
Pty Ltd Find the Strata / CT Man ager for your property P: 0411 483 249 W: https://www.strataregister.com/ E: hello@strataregister.com
Williamson Lawyers A construction and strata lawyer ready to listen W: https://www.williamsonlawyers.com.au/ E: shane@williamsonlawyers.com.au
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Bannermans Lawyers High Quality Specialist Legal Services
P: 02 9199 1055 W: http://www.bugdenallenlawyers.com.au/ E: info@bugdenallenlawyers.com.au
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Bugden Allen Graham Lawyers
P: 02 9929 0226 W: https://www.bannermans.com.au/ E: enquiries@bannermans.com.au
STRATA REPORTS
Watson & Watson Lawyers
RC & CO Lawyers Effective, resource, clear. P: 1300 072 626 W: https://www.rccolawyers.com/ E: assistant@rccolawyers.com
Khoury Lawyers Client focused, Results Driven P: 0415 459 486 W: https://khourylawyers.com.au/ E: pierrette@khourylawyers.com.au
Specialist in Strata Compliance Reports P: 1300 107 280 W: https://www.biv.com.au/ E: biv@biv.com.au Covid19 Plans Covid19 Safety Plans for Strata P: 1300 828 344 W: https://covid19plans.com.au/ E: plans@covidplans.com.au Strataregister.com
Kerin Benson Lawyers Pty Ltd Specialised Legal Advice for Strata P: 02 8706 7060 W: https://kerinbensonlawyers.com.au/ E: enquiries@kerinbensonlawyers.com.au
JS Mueller & Co Lawyers
“when experience matters”….. P: 02 9221 6011 W: https://www.watsonandwatson.com.au/ E: richard@watsonandwatson.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
Specialist ‘Plain English’ NSW Strata Lawyers P: 02 9562 1266 W: https://www.muellers.com.au/ E: enquiries@muellers.com.au
EYEON Property Inspections Buy and Sell with More Confidence P: 1300 798 274 W: https://www.eyeon.com.au/ E: info@eyeon.com.au
Strata Central Boutique Strata Management Services W: https://stratacentral.com.au/ E: enquiries@stratacentral.com.au
The bridge between you and your corporation
Civium Communities When you build trust, you build a community P: 1300 724 256 W: https://civium.com.au/ E: clientservices@civium.com.au
P: 02 6109 7700 W: https://bridgestrata.com.au/wp/ E: jan@bridgestrata.com.au Acumen Strata Tailored Strata Management Solutions P: 02 7253 5820 W: https://www.acumenstrata.com.au/ E: info@acumenstrata.com.au
Strata Insurance Solutions Protecting owner assets is who we are P: 1300 554 165 W: https://www.stratainsurancesolutions.com.au/ E: info@stratainsurancesolutions.com.au
Flex Insurance Your Cover Your Choice P: 1300 201 021 W: https://www.flexinsurance.com.au/ E: info@flexinsurance.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
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Sky Living Strata
Driscoll Strata Consulting Knowledge | Experience | Service P: 0402 342 034 W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.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
Bridge Strata P/L
Premium Strata Diamond-Class strata management agency P: 02 9281 6440 W: https://www.premiumstrata.com.au/ E: info@premiumstrata.com.au
Whitbread Insurance Brokers Empower Your Vision P: 1300 424 627 W: https://www.whitbread.com.au/ E: info@whitbread.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 MANAGEMENT
INSURANCE
Bright & Duggan Strata Professionals P: 0299027100 W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au
Vital Strata Strata Made Simple P: 02 9008 1112 W: https://www.vitalstrata.com.au/ E: hello@vitalstrata.com.au
Townhouse Strata PTY Ltd Strata Management with a Difference P: 02 4971 0363 W: https://www.townhousestrata.com.au/ E: alan@townhousestrata.com.au
Strata Community Insurance Protection for your strata property. And you. P: 1300 724 678 W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au
Providing a superior customer experience P: 02 9299 1100 W: https://www.skylivingstrata.com.au/ E: enquiries@skylivingstrata.com.au
Fire Safety Constructions
2020 Fire Protection Experts in Fire Protection for Strata P: 1300 340 210 W: https://www.2020fireprotection.com.au/ E: service@2020fire.com.au
Altogether Group
Energy On Pty Ltd
Compliant Specialist since 1999 P: 02 9945 3499 W: https://www.firesafetyconstructions.com.au/ E: info@firesafetyconstructions.com.au
Dulux Property Services
McIntosh Electrical Pty Ltd Powered by Trust P: 1300 627 727 W: https://www.mcintoshelectrical.com.au/ E: jenny@mcintoshelectrical.com.au
EMERLITE ELECTRICAL 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
SERVICES
PAINTINGSERVICES LIST BUSINESSMY PRINT YOUR DIRECTORY HERE DEFECT RESTORATION
Providing Solutions for Embedded Networks P: 03 9836 6366 W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au
Total Building Maintenance & Remedial Solutions P: 0434 834 799 W: https://www.duluxconstructionsolutions.com.au/ E: propertyservice@dulux.com.au FIRE
ENM Solutions
Higgins Coatings Pty Ltd Specialist painters in the strata industry P: 1300 HIGGINS W: https://www.higgins.com.au/ E: info@higgins.com.au
ELECTRICAL
Providing utility network solutions P: 1300 323 263 W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au
The Strata Building Specialists P: 02 8003 4547 W: https://klaar.com.au/ E: build@klaar.com.au
3 Colours Painting Services 3 Colours Painting Services P: 1300 883 635 W: https://3colours.com.au/ E: 3colours@3colours.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
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MJ Engineering Projects Remedial Consultant Engineers P: 1300 571 991 W: https://mjengineeringprojects.com.au/ E: info@mjengineeringprojects.com.au
E:W:P:Power.Water.Data1300803803https://altogethergroup.com.au/eaustin@altogethergroup.com.au
Klaar
Humenergy
Network Pacific Strata Franchise Join our successful team P: 03 9999 5488 W:
Central Pumps Fixing Pump Problems within for 20+ years P:
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Sydney 1300 558 059 W: https://www.scpumps.com.au/ E: service@scpumps.com.au
Plumber To The Rescue Over 30 years serving Sydney Strata buildings P:
HYDRAULICA https://www.hydraulica.com.au/ E: darren@hydraulica.com.au
The 1300 663 664 W: https://www.thewindowguy.com.au/ E: info@thewindowguy.com.au Window Installations Windows & door replacement specialists P: 02 9938 1500 W: https://www.selectwindows.com.au/ E: sales@selectwindows.com.au
Window Guy Don’t choose any guy, choose The Window Guy! P:
Select
The Green Guys Group 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
Network Consulting Services
Stormwater 1300 741 003 W: https://stormwatersydney.com/ E: admin@stormwatersydney.com
Mr Washer, 02 8583 2360 W: plumbertotherescue.com.au/strata-commercial.html E: jobs@mrwasher.com.au 02 9774 1004 W: https://www.spcau.com/ E: info@spcau.com W: https://www.danraegroup.com.au/ E: enquiries@danrae.com.au www.networkpacificstratafranchise.com.au/ networkpacific@franchisedevelopments.com.au
The 1800 843 372 W: https://www.thedrainman.com.au/ E: enquiries@thedrainman.com.au
Vertical Transportation Consultants
Superseal Protective Coatings (SPC) Waterproofing & Epoxy Specialists P:
E:
Pty Ltd Specialise in Drain & Pipe Cleaning W:
Lift Consulting Pty Ltd
Windowline 02 8304 6400 W: https://windowline.com.au/ E: info@windowline.com.au
Danrae Group Remedial Waterproofing & Building Specialists P: 1800 326 723
Drain Man Blocked Drain? The Drain Man can help P:
Independent
Pty Ltd Australia’s strata replacement window & door specialists P:
Australia’s P: 0417 784 245 W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au
Arena
SUSTAINABILITY & ENERGY LIFTS & ELEVATORS LIST BUSINESSMY PLUMBING WINDOWS & DOORS PRINT YOUR DIRECTORY HERE FRANCHISERS
Innovative
P: 0452 411 247 W: https://www.arenaenergyconsulting.com.au/ E: joseph@arenaenergyconsulting.com.au
P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au Energy Consulting Pty Ltd Embedded
WATERPROOFING
Sydney Inspection, Repair and Maintenance of drainage assets P:
www.lookupstrata.com.au38 ACCOUNTANTSSTRATA LOAN PROFESSIONALS LIST BUSINESSMY MARKETING Groundfloor™ Australian parcel, mail, and refrigerated lockers P: 0399824462 W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com Valen Project Services Client-Side Project Management Specialists P: 02 8542 4293 W: https://valenprojects.com.au/ E: enquiries@valenprojects.com.au Strata Solve Untangling strata problems P: 0419 805 898 W: https://stratasolve.com.au/ E: chris@stratasolve.com.au Insight Resolutions Reconcile and rebuild through mediation P: 0413 334 633 W: https://insightresolutions.com.au/ E: vad.mediation@gmail.com StrataLoans The Experts in Strata Finance P: 1300 785 045 W: https://www.strata-loans.com/ E: info@strata-loans.com Lannock Strata Finance The Leading Strata Finance Specialist P: 1800 843 372 W: https://lannock.com.au/ E: strata@lannock.com.au Spirit Technology Solutions Do IT with Spirit P: 1800 774 748 W: https://www.spirit.com.au/ E: developers@spirit.com.au PROJECTCONSULTINGMANAGEMENT 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 for Strata Building Brand Authority & Thought Leadership P: 61 425 232 394 W: https://www.marketingforbusiness.com.au/ E: janette@marketingforbusiness.com.au Ki Creative Design Purposeful Design Solutions P: 0451 541 006 E: kiara.mcilroy@gmail.com Apt Roofing Pty Ltd Everything Roofing! P: 02 9666 7373 W: https://www.aptroofing.com.au/ E: admin@aptroofing.com.au Tinworth & Co Chartered Accountant & Strata Auditors P: 0499 025 069 W: https://www.tinworthaccountants.com.au/ E: caren.chen@tinworth.com Matthew Faulkner Accountancy Strata Auditing specialists P: 0438 116 374 W: https://www.mattfaulkner.accountants/ E: matt@mattfaulkner.accountants QUATRIX PTY LTD Intercoms, Access Control, CCTV, Data Installation P: 1300 659 939 W: https://www.quatrix.com.au/ E: info@quatrix.com.au Lock, Stock & Barrel Locksmiths Pty Ltd 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 RECRUITMENT SERVICESDELIVERY & COLLECTION SERVICES SAFETYROOFING&SECURITYINTERNET & TELECOMMUNICATIONS PRINT YOUR DIRECTORY HERE
39 CLEANING / CLEAN AIR CLOTHESLINES LIST BUSINESSMY Advertise LookUpStratawith Contact administration@lookupstrata.com.auPRINTYOUR DIRECTORY HERE CLICK HERE CLICK HERE As of April 2022, The Strata Magazines received a national audience engagement of around 20,000 views within one month of their release. For the Strata Magazine Media Kit LookUpStrata’s Newsletters have a national audience of over 15,000 subscribers. For the National Newsletter Media Kit VIEW OUR MEDIA KITS Actualised Industries A breath of fresh air P: 1300 728 760 W: https://www.actualisedindustries.com.au/ E: admin@actualisedindustries.com.au Lifestyle Clotheslines Clothesline and washing line supplier & installer P: 1300 798 779 W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au
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