Planning Major Works –What gets you the best return?
Page 4 | Lannock Strata Finance
Is the owner responsible for the damage if an unauthorised e-bike causes a fire?
Page 10 | Sedgwick
Can we claim partial lost rent from the strata insurance?
Page 30 | Strata Insurance Solutions
LookUpStrata is Australia’s Top Property Blog Dedicated to Strata Living. The site has been providing reliable strata information to lot owners, strata managers and other strata professionals since 2013.
As well as publishing legislative articles to keep their audience up to date with changes to strata, this family owned business is known for their national Q&A service that provides useful responses to lot owners and members of the strata industry. They have created a national network of leading strata specialists across Australia who assist with 100s of the LookUpStrata audiences’ queries every month.
Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.
Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013. With a background in Information Management, LookUpStrata has helped Nikki realise her mission of providing detailed, practical, and easy to understand strata information to all Australians.
Nikki shares her time between three companies, including Tower Body Corporate, a body corporate company in SEQ.
Nikki is also known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.
Liza came on board in early 2020 to bring structure to LookUpStrata. She has a passion for processes, growth and education. This quickly resulted in the creation of The Strata Magazine released monthly in New South Wales and Queensland, and bi-monthly in Western Australia and Victoria. As of 2021, LookUpStrata now produce 33 state based online magazines a year.
Among other daily tasks, Liza is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.
Liza Jovicic Sales and Content Manager
Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au
www.lookupstrata.com.au
the tenant’s name go
Is the owner responsible for the damage if an unauthorised
causes a
our strata manager get approval before engaging their company for a building
lot owners need permission to replace their electricity meter?
Can strata levies be revised partway through the year with retrospective application?
If our chair resigns, are we required to replace them?
Leanne Habib, Premium Strata
Is it a requirement for exit signs to stay on for 90 minutes?
If an owner is unfinancial at a meeting and the interest is cleared, are voting rights restored? Ben Ruddell, Tender
Can we claim partial lost rent from the strata insurance? Tyrone Shandiman, Strata
Paul Morton, subject expert and founder of Australia’s leading strata lender, Lannock Strata Finance, shares some insights into how to approach your decision-making for capital works projects.
How do you decide which capital works project is most appropriate? What are the available sources of funds, and how do you make the best choice? Is the cheapest quote the best quote? How does tax affect your decisions?
These are just some of the questions to ask when considering capital works. But before we consider your capital works, let’s look at a range of reasons you might need to invest in common property works:
• Legal duty to “repair and maintain”
• Risk to maintaining insurance cover if property is not maintained
• Occupational Health and Safety considerations
• Reducing legal liability from accidents And reasons you may want to invest in works:
• Return on Investment (ROI) – Increased asset value or increased occupancy rates
• Personal satisfaction (e.g. is this a place I want to live in)
We all know the idea of the Project Management Triangle, where achieving equilibrium between speed, cost and quality is impossible. But strata is more complex because everyone will have a different idea of what “value” is. What is important to you? Is it functionality? Is it aesthetics? It is important to consider that you may not just wish to replace something that needs replacing, but to also improve it and to improve the return on your overall investment.
All of this sits alongside the core decision-making matrix for price, quality and time. What if some Owners Corporation members value price, others value time and the rest value quality? If not everyone agrees with the decision-making priorities, then you may find the Owners Corporation is not aligned on what they value. Getting agreement is extremely hard, so in our experience, it is important to work out the agreed objectives at the very beginning.
In the Owners Corporation, it’s important to have a shared understanding of how you’re looking at ROI. Are you all considering it in post-tax dollars? Or are some Owners Corporation members looking at ROI in pre-tax dollars? Taxes can make a big difference to net returns. To avoid misunderstandings and to ensure everyone’s on the same page about the project’s value, it’s best to calculate ROI in post-tax dollars. This way, you’re all comparing apples to apples.
Increasingly we see first-hand the problems caused by the pursuit of “any product at the cheapest price”, particularly with the cladding and defects problems across the country. In some cases, different Governments have stepped in to assist, but it all comes back onto the owner.
You get what you pay for in terms of price, quality and time. Almost everyone focuses on price – and why not! But you don’t want cheap and nasty (truth is, you can’t actually afford that in the long run), you need to think about value for money. This is where Lannock’s experience becomes useful. It is not just about cost and expense.
I think we need to replace the words “expense” or “cost” with the word “investment”. Whether you are fixing some pavers, replacing your cladding, or putting a penthouse on top, restoring value lost or creating value, you are investing in your property. This helps you to start seeing the opportunity of a return on your investment.
What else do you need to consider in terms of getting the best value? Should you manage the project yourself/ yourselves? Now, this is a tricky part of the decisionmaking, which has huge potential or unexpected implications – often in cost, time and quality.
Potential project managers are Owners Corporation members, members with special interests, your strata manager or a third-party project manager. The challenges of self-management include accountability, resource allocation, legal liability, skill requirements and role clarity.
We often see a lack of good project management which can mean more problems. Understandably, the Owners Corporation often feel they can save money, depending on the situation and the Owners Corporation, but what if something goes wrong? There is also a legal liability to be considered. And the human impact of stress should not be underestimated, particularly for owners living “on-site” in the property.
Whatever you do, we recommend you don’t delay your decision when it comes to capital works, as delays add significantly to the cost.
Lannock Strata Finance provides flexible funding solutions to alleviate the financial burden on strata communities. These options allow for works to be carried out immediately, avoiding the risk of further damage caused by delay, whilst smoothing the cost impost on owners of having to fund the full costs of repair upfront.
Understanding the challenges of the work you need to be done and the financial solutions offered by Lannock to help you achieve this is essential for individual owners and strata communities.
We can tailor a flexible funding facility to suit your project-specific needs.
With Lannock Strata Finance, you will have a dedicated relationship manager through all stages of this decision-making process and through the project.
Speak with our strata specialists today.
P 1300 851 585
E strata@lannock.com.au
W lannock.com.au
I recommend that a suitable designer is engaged (architect/ engineer).
It’s a complex one and not something with a defined answer.
Ultimately, the owners corporation needs to maintain common property with an expectation that it is done in a compliant and complementary fashion.
A common property deck within our lot needs replacing. The new fibre cement surface is a slip hazard when wet. The owners corporation is not listening. What can I do?
A common property deck within our lot must be replaced because it is in a Flame Zone, and no combustible material is allowed. The owners corporation has gone for the cheapest quote. The new fibre cement decking surface is a slip hazard when wet.
At AGM, I asked what would be done about the safety concern. The strata manager and owners corporation said they would address the issues once the deck was built. As the strata manager and owners corporation are not listening, who do I talk to?
I am unsure of the obligations under planning and DBP for the specific nature query and site (due to lack of available information). I recommend that a suitable designer is engaged (architect/engineer) to review and provide recommendation on the design and material to be used to ensure compliance with BCA (slip rating/combustibility, etc) and with this, the design can provide options based on the cost for various material/aesthetic options for selection by the lot owner(s).
As part of this design process, it is worth reviewing the planning pathway requirements as if, for example, the building is within a heritage conservation area they may require planning consent to progress the works. The designer engaged should be able to provide basic advice on this and refer to town planners as necessary.
Dominic Dodwell | Valen Projects dominic@valenprojects.com.au
READ MORE HERE
Over 35 years of customised solutions
Choice of products from all suppliers
Outstanding safety record
High quality products and workmanship
Personalised client service
If a tenant breaches a by-law, whose name do we place on the notice to comply?
If the lot is leased and the resident breaches a by-law, whose name do we place on the notice to comply? Is the notice sent to the resident or the owner, and should the lot owner be held accountable for the occupant of their lot?
To further complicate the matter, the tenant does not live at the building, and the resident is the one breaching the by-law. The breach relates to a nuisance that affects several lot owners in that it interferes with their peaceful enjoyment of the lot.
If a tenant breaches a bylaw, issue the notice to the tenant.
You always have to issue the notice of breach to the offender, and the offender is the one who is on your roll. They’re either on your roll as a lot owner or as a tenant.
If an owner breaches the by-law, you’d issue the breach to the owner. If a tenant breaches, you’d issue the notice to the tenant. If it’s the tenant’s partner, issue the notice to the tenant because they are the responsible person. Owners or tenants are responsible to ensure that their visitors comply with the by-laws.
In this case, issue the notice to the tenant but bring the matter to the owner’s attention and communicate any proceedings. Putting pressure on the lot owner will force their hand to consider terminating the lease. Otherwise, if they’re banking the rent and they don’t have the headache of dealing with issues, they will likely not get involved. Anytime I’m enforcing tenant breaches, I involve the owner. They need to ensure their tenant is not causing a nuisance to others. The owner needs to be accountable by taking reasonable steps to ensure their tenant complies.
You can’t hold an owner liable for their tenant’s breach of the by-law because they’re not physically controlling those actions, but you can make them accountable to ensure their tenant is compliant. Issue them with a separate letter, have their property manager speak to the tenant, and have the property manager meet with the tenant to discuss the breach. In certain circumstances and depending on the by-laws applicable to the scheme, it may be possible to hold an owner responsible for the actions of the tenant, however, you should seek legal advice on this aspect.
Leanne Habib | Premium Strata info@premiumstrata.com.au
Is the owner responsible for the damage if an unauthorised e-bike causes a fire?
If a battery fire causes damage to common property or other lots from an authorised or unauthorised e-bike, e-scooter or e-skateboard, is the owner liable for the damage?
Whether it’s unauthorised or not or banned within a bylaw, it’s going to be covered under the policy unless there’s a specific exclusion.
I haven’t seen or encountered a specific exclusion in a policy related to e-scooters, e-bikes, or batteries. If there’s a claim, at this stage, it’s covered. It’s an unforeseen and fortuitous loss without any exclusions in the policy.
Whether it’s unauthorised or not or banned within a bylaw, it’s going to be covered under the policy unless there’s a specific exclusion.
Sean Callan | Sedgwick sean.Callan@sedgwick.com
•Defect reports and forensic engineering
•Scope of works
• Dilapidation and risk surveys
• Dispute mediation and expert witness
•Contractor procurement and cost validation
• Construction management
•
•Façade assessments
RE PAIR SOLUTIONS
• Emergency make safe
• Fire water damage restoration
• Leak detection
• Contamination response
• Building repairs
• Cost validation services
• Technology driven solutions (incl. AI)
When I applied and paid for a strata search, the strata manager only supplied my strata roll records, not the roll for the unit block. What information should I receive?
I recently applied and paid for a strata search. Our strata records are kept electronically. The strata manager would only supply the strata roll records related to my unit, not the roll for the unit block. They said I only paid for a standard search and supplying all roll details would cost more. What information should I receive?
I suggest you return to the strata manager to follow up on your request.
Under the NSW Strata legislation, the owners corporation must provide access to all records kept for the strata plan, including the strata roll (section 182 of the Strata Schemes Management Act 2015). It sounds like you have made a valid written request to search the records and paid the prescribed maximum fee ($31.00 plus GST).
Some strata managers insist on charging higher fees for online/remote searches of strata records. In my opinion, this is a breach of the strata law. In any case, if the strata manager has provided part of the strata roll, I can see no reason why the entire strata roll should not be provided to you as part of the records search. I suggest you return to the strata manager and follow up on your request.
Michael Ferrier | EYEON Property Inspections michael.ferrier@eyeon.com.au
How often are owners corporations required to update their building insurance valuation? Without approval, our strata manager engaged their brand company to arrange a valuation and charged it to the OC. Is this ethical?
What are the statutory and other requirements for an owners corporation to obtain updated building insurance valuations for insurance purposes?
Owners at our AGM unanimously voted to retain the existing building insurance coverage for the remaining four months of the policy. A week later, our strata manager engaged their brand company to prepare an updated valuation report without any advance notice or owner’s consent. The manager has now recommended the strata committee increase our coverage immediately.
The strata manager has not disclosed their financial interest in the brand company, and has passed on the charge for preparation of the valuation report to the owners corporation despite the service not being requested. Is this ethical?
Your situation raises several concerns, particularly regarding conflict of interest.
In New South Wales, the legislative requirement to obtain insurance rebuild valuations every five years was abolished in 2015. Currently, there are no statutory mandates to procure an insurance rebuild valuation. However, the legislation does require that buildings are insured for their full replacement value, which can place a higher compliance responsibility on the owners corporation.
When dealing with insurance valuations, it is essential to follow appropriate processes to avoid any perceptions of conflicts of interest, whether actual or perceived. The example in the question highlights this issue: despite owners at an AGM unanimously voting to retain the existing level of building insurance coverage, the strata manager engaged their own associated company to prepare an updated valuation report without advance notice or owners’ consent. This resulted in a recommendation to increase cover, raising concerns about transparency and fairness.
Your situation raises several concerns, particularly regarding conflict of interest. Here are my recommendations:
• Request Evidence: Ask the strata manager to provide evidence that the owners corporation agreed to the updated valuation. This is crucial, especially given the potential conflict of interest.
• Show Cause: If the strata manager cannot provide this information, it is reasonable to request that they show cause as to why the owners corporation should bear the cost of the valuation report, especially when it was conducted by an associated company without prior consent.
• Conflict of Interest: If the strata manager receives a commission on insurance , they could potentially benefit from an increased building sum insured through higher commissions. This should be transparently disclosed.
• Independent Valuation: Given these circumstances, it is advisable to use an independent valuer who has no ties to the strata manager. This helps ensure that valuations are impartial and in the best interest of the owners corporation. It may be advisable to seek an independent valuation.
In conclusion, while there are no longer statutory requirements in NSW for regular insurance rebuild valuations, ensuring your building is insured for its full replacement value remains a critical responsibility. By being aware of potential conflicts of interest and insisting on transparency and independent valuations, owners corporations can navigate these challenges effectively and maintain fair and adequate insurance coverage.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
The owners corporation hasn’t had a meeting for over a year, yet decisions are being made. We have received no meeting notices or minutes. Who is making the decisions?
We have been resident owners in a large apartment complex since the building opened. The owners corporation hasn’t had a meeting for over a year, yet decisions are being made by the “owners corporation” or the “strata committee”. There have been no meeting notices or minutes, and owners don’t know who’s on these committees.
Parking decisions change every month or so, communicated by strongly worded emails from the building management.
The most recent decision was converting the gym into a meeting room, yet again, no one knows when, or how this decision was made and there are no minutes. Can you advise a course of action?
The decision making process in strata schemes can be quite complex.
The decision making process in strata schemes can be quite complex. However, as a lot owner, you should be able to obtain records in relation to most decisions.
Some decisions may only be made by the owners corporation at a general meeting. For example, it is most likely the decision to change the gym to a meeting room must be made at a general meeting. Electing the members of the strata committee and the office holders is a decision made at the annual general meeting.
Section 18 of the Strata Schemes Management Act 2015 provides that “An owners corporation must hold an annual general meeting once in each financial year of the corporation.” Section 22 provides that you must be given notice of the meeting.
Some decisions may be made by the strata committee without the need to convene a general meeting. This may be the case if a resolution has been passed at a general meeting, providing the strata committee with the authority to make certain decisions. There are also decisions the strata committee is permitted to make under the Strata Schemes Management Act 2015. When the strata committee makes a decision (in the form of passing a resolution at a strata committee meeting), minutes of the meeting should be prepared, and you may have access to the minutes (review the following link in relation to your rights to the minutes: Strata Schemes Management Act 2015 No 50)
If there is a strata manager, the agency agreement may authorise, or there may have been a resolution passed at a general meeting authorising, the strata manager to make certain decisions.
If the owners corporation has engaged a building manager, the terms of the agreement may provide the building manager with authority to make certain decisions.
To obtain records in relation to decisions that have been made, a good starting point would be to make a request to inspect the records of the owners corporation pursuant to section 182 of the Strata Schemes Management Act. It may take some digging; however, if the scheme is being managed correctly, you should be able to source the information you require from an inspection of the records.
For example, when you inspect the records, you may focus on the minutes of the general meetings, the minutes of the strata committee meetings, the strata managers agency agreement and the building managers agreement.
If there is a strata manager, you would make the request to the strata manager. Otherwise, the request should be made to the secretary. If you are unable to source the information you require from an inspection of the records, and you consider the owners corporation may not hold meetings, may not be keeping records,
or if the strata manager or secretary will not comply with section 182, you should obtain advice from a legal practitioner who specialises in strata law.
To be involved in the decisions which will be made in the future, you should enquire with the strata manager or secretary when and where the annual general meeting will be held, or request a meeting be called to elect members to the strata committee, double check your address for service is correct, attend the general meeting, and volunteer your nomination to be elected as a member of the strata committee. To be eligible to be elected to the strata committee you must have paid all your strata levies.
Shane
Williamson | Williamson Lawyers Pty Ltd shane@williamsonlawyers.com.au
To create an exclusive use bylaw, is voting always based on one vote per lot, or do the unit entitlements for each owner apply?
My federation style strata block has four similar sized apartments, with two units downstairs and two upstairs. The strata plan was created in the mid 70s, and there are different unit entitlements for each lot. The unit entitlements do not reflect each apartment’s size.
Three owners want to create exclusive use by-laws for outdoor balcony and courtyard areas, however, one owner does not. To create an exclusive use by-law, is voting always based on one vote per lot or do the unit entitlements for each owner apply?
The answer is yes.
The answer is yes. To make a by-law requires a special resolution at a general meeting (see section 141 of the Strata Schemes Management Act 2015).
A special resolution is calculated based on unit entitlements (see section 5 of the Strata Schemes Management Act 2015).
Matthew Jenkins | Bannermans Lawyers enquiries@bannermans.com.au
READ MORE HERE
Do lot owners need permission before replacing their meter? What legal implications or recommended steps should the owners corporation take if this has occurred?
The owners corporation does not own the electricity meters.
The owners corporation does not own the electricity meters. They are owned by accredited meter providers from the Australian Energy Market Operator (AEMO).
Assuming the old meter was replaced with a new meter taking up the same footprint, and there were no modifications to the common property meter board, we do not believe the
lot owner needed permission to change the old meter to a new smart meter.
In many cases, the meter replacement is initiated by the customers’ energy retailer or the local energy distributor (e.g. in NSW, this is Ausgrid, Endeavor Energy or Essential Energy) due to regulated meter replacement programmes such as ageing or meter family type failures.
Assuming the above was applicable, and no modifications to common property occurred, site unseen, we do not believe the owner’s corporation is obliged to take any action.
Joseph Arena | Arena Energy Consulting joseph@arenaenergyconsulting.com.au
Can strata levies be revised partway through the year with retrospective application? Do we call an EGM with a motion to revise the standard levies?
Can strata levies be revised partway through the year, before the next AGM and the next year’s budget? If so, can they be revised with retrospective application?
Obviously, it’s standard to set levies once a year and then raise special levies as required. This is not about special levies. We are interested in revising (increasing) standard levies for the current period, hopefully with retrospective application (that is, for the entire current period, from the beginning).
All lots in the strata scheme are owned by one person, so there would be no issues with votes or objections.
I presume we could call an EGM with a motion to revise the standard levies (or to revise the budget and the standard levies) and for those levies to be retrospectively applied (or for the remaining installments to be larger to top up the total to the newly revised amount). Would this be valid?
Yes, this is possible.
Yes, they can be revised. I suggest you do the following:
• Hold an EGM to vote on this item. Passing levies must be done at a General Meeting. The strata committee is not able to vote on this matter. It must go to all owners
• The agenda should have a motion to rescind the future levies that you want to amend.
• The agenda should then have a motion to vote on the updated levies with the updated amounts.
Rod Smith | The Strata Collective rsmith@thestratacollective.com.au
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
If our chair resigns, are we required to replace them?
Our chairperson resigned six months ago. Do we have an obligation to replace them?
The strata committee must fill the vacancy of an office bearer.
Yes. The strata committee must fill the vacancy of an office bearer. The person filling the vacancy must be a member of the strata committee or someone eligible to be a member of the strata committee.
If the vacancy is not an office bearer position, the decision to fill the vacancy is optional.
However, you may reassign the chair role to another member on the strata committee (which fills the vacant chair position) and keep a vacant position as an acting member of the committee.
We also note that any quorum will still be a majority of the total number determined at the Annual General Meeting. The number does not reduce because there is a vacancy. This will often determine if the strata committee should fill the vacancy of an acting member as well.
Leanne
Habib | Premium Strata info@premiumstrata.com.au
Kerin Benson Lawyers is a boutique law firm providing high quality legal services to owners corporations, community associations, strata managers and individual lot owners. We are a team of highly experienced lawyers who actively work with our clients.
• Strata Disputes
it a requirement
We’ve been told to replace exit signs that do not stay on for 90 minutes. We are only a small block. Is this a requirement?
For our recent fire audit, we’ve been told to replace exit signs that do not stay on for 90 minutes. A few of our signs only stay on for up to 80 minutes.
Is this a requirement? We only have 12 lots. If owners aren’t out of the building within 10 minutes in a block this size, you would be in trouble.
If this relates to an
AS2293.1 requires that new exit and emergency lights remain illuminated for 2 hours. The referenced maintenance code for emergency lights is AS2293.2, requiring them to remain illuminated for 90 minutes. Not lasting for 90 minutes indicates degradation from new performance, and, therefore, complete failure could occur at any time.
If this relates to an annual fire safety statement, the assessor must sign (endorse) that measure as performing in accordance with those standards, so there can be no leeway on 90 minutes.
Further reasoning is that the standard operating procedure for the fire brigade entering a building to rescue those remaining and fight the fire is to turn the power off.
They do this so firefighters are not crawling through live wires and/or spraying water on them. For this reason, lights operating on battery power for 90 minutes are highly relevant to the overall safety of your building.
The owners should replace the lights not lasting 90 minutes. FYI, Benchmarking shows that exit lights up to 5 or so years ago had an expected life expectancy of 3-5 years due to heat build-up from Fluro tubes destroying its electronics. LED lights have substantially improved this to more than 6-10 years.
Rob Broadhead | 2020 Fire Protection rob.broadhead@2020fire.com.au
If an owner is unfinancial at a meeting and the interest is cleared,
date notice of the meeting was given and did not pay the amounts owing before the meeting‘ (Schedule 1, Part 4 (8)).
Similarly, when considering the election of a strata committee, the Act stipulates: ‘An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of a strata committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the strata committee‘ (Section 32 (2)).
If an owner has interest owing on arrears, but during the meeting, a motion is passed to waive those interest fees, at what point are they permitted to vote or be nominated for the strata committee? Are they considered unfinancial until the end of the meeting?
An owner who is unfinancial at the commencement of the meeting would remain so for the duration.
Yes, for the purpose of a meeting where a motion to waive interest and elect the strata committee is considered, an owner who is unfinancial at the commencement of the meeting would remain so for the duration of such.
In NSW, an owner is considered unfinancial if they have failed to pay all contributions levied that are due and payable and any other amounts recoverable from the owner in relation to the lot. This includes interest applied for unpaid contributions.
The Strata Schemes Management Act 2015 specifically addresses the limitations of an unfinancial owner at a general meeting, stating: ‘A vote at a general meeting (other than a vote on a motion requiring a unanimous resolution) by an owner of a lot or a person with a priority vote in respect of the lot does not count if the owner of the lot was an unfinancial owner at the
Therefore, because the legislation explicitly states that an unfinancial owner must pay all due amounts before the meeting, the voting rights would not be partially granted to the owner for the remainder of the meeting and subsequently eligibility for election to the strata committee could not be conferred, even if the owners corporation passed a resolution to waive the interest at the meeting.
After the meeting concludes and the minutes are issued, the strata manager would facilitate the removal of any interest in accordance with the resolutions passed and as permitted under Section 85 (3) of the Act.
In my experience, in these circumstances, it would be advisable for the unfinancial owner to pay the interest owing before the meeting. The payment should be made in advance of the meeting date to ensure that the funds are received in the owners corporation’s trust account. Then, if the resolution to waive interest is agreed upon at the meeting, a credit would be applied to the owner’s ledger account thereafter.
By making payment of the interest before the meeting, the owner ensures they have full voting rights, are eligible for election to the strata committee, and will contribute to the smooth conduct of the meeting.
Ben Ruddell | Tender Advisory ben@tenderadvisory.com.au
If we had a partial loss of rent due to water damage, can we file a claim with the strata insurance to recoup the partially lost rent?
Due to recent water damage in our unit, we’ve experienced a partial loss of rent associated with a common property leak. As the damage only affected one bedroom, we had to reduce the rent because of the loss of amenity. Unfortunately, our insurance doesn’t cover a partial loss of income. Could we file a claim with the owners corporation to recoup the lost rent?
This process determines whether the owners corporation’s actions, or lack thereof, directly contributed to the damage, thereby establishing their liability.
A lot owner has the right to submit a legal demand to the owners corporation if they suspect the owners corporation’s negligence, such as failing to maintain common property, has led to damage, e.g., a leak originating from common areas. In response to such a demand, the owners corporation can pursue a claim under the public liability section of their insurance policy. The decision to accept or deny this claim will then rest with the insurer, who will evaluate the circumstances against legal principles of negligence. This process determines whether the owners corporation’s actions, or lack thereof, directly contributed to the damage, thereby establishing their liability.
To submit a demand, the lot owner must prepare a letter to the owners corporation. This letter should include:
• The date and specifics of the incident causing the loss.
• An explanation of why the lot owner deems the owners corporation liable or negligent.
• A detailed summary of the costs incurred, supported by invoices, rental ledgers, or other relevant documentation.
• Instructions on where the compensation should be paid.
In this particular instance, before proceeding with a demand against the owners corporation, the lot owner should revisit the property damage claim first. Specifically, the owner should query the insurer regarding the partial coverage decision, emphasising the impact of partial occupancy associated
with rental loss. Insurance policies often cover scenarios of partial loss of use, so it’s possible that further discussion or clarification of the policy terms could lead to a more favourable outcome regarding loss of rent coverage.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
Make your building more sustainable and economical
Read the City of Sydney’s new guides for apartment buildings and learn how your building can:
Reduce energy and water use
Save money on bills
Maximise recycling and reduce items going to landfill
These guides are free to download and contain lots of tips, tricks and case studies.
Are rising costs of living impacting you?
It’s challenging to know how to sustaina manage your property’s financial, natu and human capital
OCN can help - register now for our Annu Conference
THURSDAY 12 September 2024
Rydges World Square SYDNEY
8.30 AM TO 1.15 pm, members rates $66 incl sit down lunch
For more details click here
SECURE YOUR TICKETS TODAY
Learn how to: tell between “good” and “bad” strata management get your owners on side to fund small and big ticket expenses navigate the insurance renewal process understand the DBP and its implications for you understand fire safety compliance including EV/E mobility devices and loads more to come
YOUR PLACE TO: LEARN NETWORK &
LookUpStrata
Australia’s Strata Title Information Site
W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au
Strata Community Association
P: 02 9492 8200
W: https://www.strata.community/ E: admin@strata.community
Owners Corporation Network
The Independent Voice of Strata Owners
W: https://ocn.org.au/ E: enquiries@ocn.org.au
Your Strata Property
Demystifying the legal complexities of apartment living
W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au
SOFTWARE
Mimor
Connecting People – Creating Communities
P: 1300 064 667
W: https://www.mimor.com.au/ E: info@mimor.com.au
Stratabox
Building Confidence
P: 1300 651 506
W: https://stratabox.com.au/ E: contact@stratabox.com.au
Urbanise
Automate your workload to increase efficiency.
P: 1300 832 852
W: https://www.urbanise.com/ E: marketing@urbanise.com
Resvu
Customer Service Software for Strata
P: 08 7477 8991
W: https://resvu.io/ E: enquiries@resvu.com.au
StrataMax
Streamlining strata
P: 1800 656 368
W: https://www.stratamax.com/ E: info@stratamax.com
MYBOS
Building Management - Residential & FM Schemes
P: 1300 912 386
W: https://www.mybos.com.au/ E: sam@mybos.com.au
StrataVault
Connecting people, processes, and applications
P: 1300 082 858
W: https://globalvaults.com.au/ E: team@thestratavault.com
Onsite Building Management Software
Modern and user friendly BMS
P: 0490 091 887
W: https://onsite.fm/ E: hello@onsite.fm
Stratafy
Only Complete Cloud Strata Software ecosystem
P: 1300 414 155
W: https://stratafyconnect.com/ E: sales@stratafyconnect.com
eVotters
The online voting solution
P: 61 280 114 797
W: https://www.evotters.com/ E: support@evotters.com
Professional TV Antenna Service For You Today
P: 1300 800 123
W: https://www.installmyantenna.com.au/ E: info@installmyantenna.com.au
Sedgwick
Building Consultancy Division & Repair Solutions
W: https://www.sedgwick.com/solutions/global/au
E: sales@au.sedgwick.com
QIA Group
Comapliance Made Easy
P: 1300 309 201
W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au
GQS
Quantity Surveyors & Building Consultants
P: 1300 290 235
W: https://gqs.com.au/ E: info@gqs.com.au
Seymour Consultants
Body Corporate Report Specialists
W: https://www.seymourconsultants.com.au/ E: info@seymourconsultants.com.au
BCRC
Construction Materials & Durability Consultants
P: 02 9131 8018
W: https://bcrc.com.au/ E: sydney@bcrc.com.au
Roscon
Property services & facilities management
P: 1800 767 266
W: https://www.roscon.com.au/
E: info@roscon.com
Budget Vals
Built For Strata
P: 1300 148 150
W: https://www.budgetvals.com.au/ E: reports@budgetvals.com.au
Leary & Partners
Quantity surveying services since 1977
P: 1800 808 991
W: https://www.leary.com.au/ E: enquiries@leary.com.au
BIV Reports
Specialist in Strata Compliance Reports
P: 1300 107 280
W: https://www.biv.com.au/ E: biv@biv.com.au
Olive Tree Consulting Group
Solutions in Strata Compliance
P: 0400 161 659
W: https://olivetreeconsultinggroup.com.au/ E: admin@olivetreeconsultinggroup.com.au
Mabi Services
Asbestos, Safety & Building Consultants
P: 1300 762 295
W: https://www.mabi.com.au/ E: info@mabi.com.au
Forte Asset Services
FIRE | ELECTRICAL | HVAC
P: 1300 920 752
W: https://www.forteassetservices.com.au/ E: info@forteas.com.au
Quality Building Management
keeping your buildings legally compliant and safe
P: 1300 880 466
W: https://qbm.com.au/ E: sales@qbm.com.au
HFM Asset Management Pty Ltd
Leaders in Building Efficiency
P: 0407 734 260
W: https://www.hfmassets.com.au/ E: david.chokolich@hfmassets.com.au
CORE Consulting Engineers
Delivering 360° engineering solutions for strata P: 02 8961 3250
W: https://coreconsultingengineers.com.au/ E: admin@core.engineering
Auric Projects
Managing clients
P: 02 9918 2200
W: https://auricprojects.com.au/ E: info@auricprojects.com.au
Independent Inspections
Sinking Fund Forecast, Insurance Valuations, OHS
P: 1300 857 149
W: http://www.iigi.com.au/ E: admin@iigi.com.au
Solutions in Engineering
Quality Reports On Time, Every Time!
P: 1300 136 036
W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com
Landlay Consulting Group
A Strata Remedial Consultancy
P: 02 8095 8556
W: https://www.landlay.com.au/ E: admin@landlay.com.au
Leo & Associates Consulting Engineers
Enhancing Structures, Empowering Futures
P: 0452 205 727
W: https://laconsulting.com.au/ E: Leo@laconsulting.com.au
Rawlinsons
Calculated Confidence
P: 08 9424 5800
W: https://www.rawlinsonswa.com.au/ E: info@rawlinsonswa.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
Strataregister.com Pty Ltd
Find the Strata / CT Manager for your property
P: 0411 483 249
W: https://www.strataregister.com/ E: hello@strataregister.com
Kerin Benson Lawyers Pty Ltd
Specialised Legal Advice for Strata
P: 02 8706 7060
W: https://kerinbensonlawyers.com.au/ E: enquiries@kerinbensonlawyers.com.au
Khoury Lawyers Pty Ltd
Client focused, Results Driven
P: (02) 8005 3086
W: https://khourylawyers.com.au/ E: pierrette@khourylawyers.com.au
Madison Marcus Law Firm
Be Empowered
P: 131 529
W: https://www.madisonmarcus.com.au/ E: strata@madisonmarcus.com.au
Holman Webb Lawyers
Body Corporate Disputes & Litigation Specialists
JS Mueller & Co Lawyers
Specialist ‘Plain English’ NSW Strata Lawyers
W: https://www.muellers.com.au/ E: enquiries@muellers.com.au
Williamson Lawyers
A construction and strata lawyer ready to listen
W: https://www.williamsonlawyers.com.au/ E: shane@williamsonlawyers.com.au
Bannermans Lawyers
High Quality Specialist Legal Services
P: 02 9929 0226
W: https://www.bannermans.com.au/ E: enquiries@bannermans.com.au
Moray & Agnew Lawyers
Legal strategies and solutions for our clients
P: 03 9600 0877
W: https://www.moray.com.au/ E: melbourne@moray.com.au
Grace Lawyers
Know. Act. Resolve.
W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au
Speirs Ryan
P: 02 9248 3400
W: https://www.speirsryan.com.au/ E: enquiries@speirsryan.com.au
Watson & Watson Lawyers
“when experience matters”…..
P: 02 9221 6011
W: https://www.watsonandwatson.com.au/ E: richard@watsonandwatson.com.au
P: 07 3235 0100
W: https://www.holmanwebb.com.au/ E: shane.roberts@holmanwebb.com.au
Bugden Allen Graham Lawyers
Australia’s leading strata law experts
P: 02 9199 1055
W: https://bagl.com.au/ E: info@bagl.com.au
Premium Strata
Diamond-Class strata management agency
P: 02 9281 6440
W: https://www.premiumstrata.com.au/ E: info@premiumstrata.com.au
The Strata Collective
A next generation strata manager. People matter.
P: 02 9879 3547
W: https://www.thestratacollective.com.au/ E: rsmith@thestratacollective.com.au
Bridge Strata P/L
The bridge between you and your corporation
P: 02 6109 7700
W: https://bridgestrata.com.au/wp/ E: jan@bridgestrata.com.au
Bright & Duggan
Strata Professionals
P: 02 9902 7100
W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au
Vital Strata
Strata Made Simple
P: 02 9008 1112
W: https://www.vitalstrata.com.au/ E: hello@vitalstrata.com.au
ASM – Australian Strata Management
Helping Strata Communities Thrive
P: 1300 777 276
W: https://asmstrata.com.au/ E: administration@mbcm.com.au
Sky Living Strata
Providing a superior customer experience
P: 02 9299 1100
W: https://www.skylivingstrata.com.au/ E: enquiries@skylivingstrata.com.au
SSKB Strata Managers
A Positive Difference in Strata
P: 07 5504 2000
W: https://sskb.com.au/ E: sskb@sskb.com.au
Responsive Strata Management
Responsive. Transparent. Consistent. P: 8551 2713
W: https://responsivestrata.com.au/ E: info@responsivestrata.com.au
Townhouse Strata PTY Ltd
Strata Management with a Difference
P: 02 4971 0363
W: https://www.townhousestrata.com.au/ E: alan@townhousestrata.com.au
Strata Central
Boutique Strata Management Services
P: 02 8036 5518
W: https://stratacentral.com.au/ E: enquiries@stratacentral.com.au
Acumen Strata
Tailored Strata Management Solutions
P: 02 7253 5820
W: https://www.acumenstrata.com.au/ E: info@acumenstrata.com.au
Quantum United Management
Creating vibrant and connected communities
P: 61 383 608 800
W: https://www.quantumunited.com.au/ E: info@quantumunited.com.au
Elevate Strata Management Pty Ltd
Elevating your Strata Community
P: 0430 160 249
W: https://www.elevatestrata.au/ E: dcopping@elevatestrata.au
STRATA EVOLUTION
Strata Management Done Right P: 1300 819 677
W: https://strataevolution.com.au/ E: info@strataevolution.com.au
Valen Project Services
Client-Side Project Management Specialists
P: 02 8542 4293
W: https://valenprojects.com.au/ E: enquiries@valenprojects.com.au
PM Services Australia
Client-side Project Management Services
P:02 9221 1490
W: https://www.pmservice.com.au/ E: info@pmservice.com.au
MJ Engineering Projects
Remedial Consultant Engineers
P: 1300 571 991
W: https://mjengineeringprojects.com.au/ E: info@mjengineeringprojects.com.au
Klaar
The Strata Building Specialists
P: 02 8003 4547
W: https://klaar.com.au/ E: build@klaar.com.au
Ouroboros design
Architect assistance with upgrades and renovations
P: 0400 152 833
E: garymo12@gmail.com
TRADECOM GROUP
Innovative Commercial Building Projects
P: 1300 301 888
W: https://tradecomgroup.com/ E: services@tradecomgroup.com
Altec Building
Remedial Building & Waterproofing
P: 02 9744 2039
W: https://www.altecbuilding.com.au/ E: info@altecbuilding.com.au
Linkfire Pty Ltd
Your Essential Safety Partner
P: 1300 669 439
W: http://www.linkfire.com.au/ E: sales@linkfire.com.au
2020 Fire Protection
Experts in Fire Protection for Strata
P: 1300 340 210
W: https://www.2020fireprotection.com.au/ E: service@2020fire.com.au
Fire Safety Constructions
Compliant Specialist since 1999
P: 02 9945 3499
W: http://www.firesafetyconstruction.com.au/ E: info@firesafetyconstructions.com.au
Altogether Group
Power.Water.Data
P: 1300 803 803
W: https://altogethergroup.com.au/home-business/ E: eaustin@altogethergroup.com.au
ENM Solutions
Providing Solutions for Embedded Networks
P: 1300 000 366
W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au
Energy On Pty Ltd
P: 1300 323 263
W: https://www.energyon.com.au/
E: EnergyServices@EnergyOn.com.au
McIntosh Electrical Pty Ltd
Powered by Trust
P: 1300 627 727
W: https://www.mcintoshelectrical.com.au/ E: jenny@mcintoshelectrical.com.au
EMERLITE ELECTRICAL SERVICES
We Answer The Phone - No Job Too Big Or Small
P: 07 5591 9191
W: https://www.emerlite.com.au/ E: office@emerlite.com.au
Humenergy
People, innovation and value sharing
P: 1300 322 622
W: https://www.humenergy.com.au/ E: Info@humenergy.com.au
The Green Guys Group
Austalia’s Leading Energy Saving Partner
W: https://greenguys.com.au/ E: sean@greenguys.com.au
Fair Water Meters
Retrofit sub-metering specialists
P: 1300 324 701
W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au
PowerUp Engineering
Car Stackers, Car Hoists and Turntables
P: 02 9170 0698
W: https://powerupengineering.com.au/ E: info@powerupeng.com.au
Stormwater Sydney
Inspection, Repair and Maintenance of drainage assets
P: 1300 741 003
W: https://stormwatersydney.com/ E: admin@stormwatersydney.com
HYDRAULICA Pty Ltd
Specialise in Drain & Pipe Cleaning
W: https://www.hydraulica.com.au/ E: darren@hydraulica.com.au
Mr Washer, Plumber To The Rescue
Over 30 years serving Sydney Strata buildings
P: 02 8583 2360
W: plumbertotherescue.com.au/strata-commercial.html
E: jobs@mrwasher.com.au
Danrae Group
Remedial Waterproofing & Building Specialists
P: 1800 326 723
W: https://www.danraegroup.com.au/ E: enquiries@danrae.com.au
Asset Strata Valuers
Leaders in Strata Property Valuations
P: 1800 679 787
W: https://assetstratavaluers.com.au/ E: workorders@assetstratavaluers.com.au
Adelaide StrataVal
Strata & Community Insurance Valuations
P: 08 7111 2956
W: https://www.strataval.com.au/
E: valuations@strataval.com.au
Arena Energy Consulting Pty Ltd
Independent Embedded Network Consulting Services
P: 1300 987 147
W: https://www.arenaenergyconsulting.com.au/
E: info@arenaenergyconsulting.com.au
Embedded Network Arena
Independent Embedded Network Consulting Services
P: 1300 987 147
W: https://embeddednetworkarena.com.au/
E: info@embeddednetworkarena.com.au
Windowline Pty Ltd
Replacement window and door specialists
P: 02 8304 6400
W: https://windowline.com.au/ E: info@windowline.com.au
ASQB Pty Ltd
Window & Door Repairs + Window Safety Compliance
P: 02 9785 7893
W: https://www.asqb.com.au/ E: service@asqb.com.au
The Window Guy
Don’t choose any guy, choose The Window Guy!
P: 1300 663 664
W: https://www.thewindowguy.com.au/ E: info@thewindowguy.com.au
Clear Edge Frameless Glass
Energy Efficient Balconies for Elevated Living
W: https://www.clearedgeglass.com.au/ E: sales@clearedgeglass.com.au
Higgins Coatings Pty Ltd
Specialist painters in the strata industry
W: https://www.higgins.com.au/ E: info@higgins.com.au
CPR Facade Upgrade Specialists
We clean, repair & repaint multi-storey buildings
P: 0493 651 643
W: https://cprfacadeupgrades.com.au/ E: info@facadeupgrades.com.au
3 Colours Painting Services
3 Colours Painting Services
P: 1300 883 635
W: https://3colours.com.au/ E: 3colours@3colours.com.au
Terra Australis Painting Services
Terra Australis Painting Services
P: 0497 545 289
W: https://www.terraaustralispainting.com.au/ E: info@terraaustralispainting.com.au
Strata Solve
Untangling strata problems
P: 0419 805 898
W: https://stratasolve.com.au/ E: chris@stratasolve.com.au
Tender Advisory
Tender Solutions: Consult. Procure. Support.
P: 0435 893 670
W: https://tenderadvisory.com.au/ E: info@tenderadvisory.com.au
Lannock Strata Finance
Simplifying strata funding
P: 1300 851 585
W: https://lannock.com.au/ E: strata@lannock.com.au
StrataLoans
The Experts in Strata Finance
P: 1300 785 045
W: https://www.strata-loans.com/ E: info@strata-loans.com
Austrata Finance
Use Your Money or Borrowed Money: It’s Your Choice
P: 1300 936 560
W: https://austratafinance.com.au/ E: info@austratafinance.com.au
Innovative Lift Consulting Pty Ltd
Australia’s Vertical Transportation Consultants
P: 0417 784 245
W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au
The Lift Consultancy
Trusted Specialised Advice
P: 07 5509 0100
W: https://theliftc.com/ E: sidb@theliftc.com
ABN Lift Consultants
A team of friendly, open minded professionals
P: 0468 659 100
W: https://www.abnlift.com/ E: andrew@abnlift.com
sharonbennie – Property Recruitment
Matching top talent with incredible businesses
P: 0413 381 381
W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au
Property Recruitment Partners
Recruitment Solutions Tailored for You
P: 02 8313 5591
E: aaron@propertyrecruitmentpartners.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
Incite Accountants & Advisors
Provides a service that delivers the outcomes P: 02 8067 9015
W: https://www.inciteaccountants.com.au/ E: admin@inciteaccountants.com.au
QUATRIX PTY LTD
Intercoms, Access Control, CCTV, Data, etc.
P: 02 9554 3487
W: https://www.quatrix.com.au/ E: info@quatrix.com.au
Lock, Stock & Barrel Locksmiths Pty Ltd
P: 0411 700 072
W: https://www.lsblocksmiths.com.au/ E: info@lsblocksmiths.com.au
Strata Guardian
Fight low returns and rising levies with us. P: 1300 482 736
W: https://www.strataguardian.com/ E: contact@strataguardian.com
Apt Roofing Pty Ltd
Everything Roofing!
P: 02 9666 7373
W: https://www.aptroofing.com.au/ E: admin@aptroofing.com.au
Leaf Shield
Leafshield Gutter Protection Specialists
P: 1300 362 246
W: https://leafshield.net.au/why-leafshield/ E: info@leafsheild.net.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
Whitbread Insurance Brokers
Empower Your Vision
P: 1300 424 627
W: https://www.whitbread.com.au/ E: info@whitbread.com.au
CHU Underwriting Agencies Pty Ltd
Specialist Strata Insurance Underwriting Agency
W: https://www.chu.com.au/ E: info@chu.com.au
Strata Community Insurance
Protection for your strata property. And you.
P: 1300 724 678
W: https://www.stratacommunityinsure.com.au
E: myenquiry@scinsure.com.au
Flex Insurance
Your Cover Your Choice
P: 1300 201 021
W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au
Driscoll Strata Consulting
Knowledge | Experience | Service
P: 0402 342 034
W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au
CRM Brokers
The smart insurance choice
P: 1300 880 494
W: https://www.crmbrokers.com.au/ E: crmstrata@crmbrokers.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
Arrow Abseiling Pty Ltd
Window cleaning, repair and maintenance
P: 02 8957 3693
W: https://www.arrowabseiling.com.au/ E: contact@arrowabseiling.com.au
Waste Clear Pty Ltd
Towards a better tomorrow
P: 1300 525 352
W: https://wasteclear.com.au/ E: admin@wasteclear.com.au
Australian parcel, mail, and refrigerated lockers
P: 03 9982 4462
W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com
Building and Facilities Manager
P: 1800 00 LUNA (5862)
W: https://www.luna.management/ E: info@luna.management
First Facility Management Pty Ltd
Putting You First
P: 0402 083 404
W: https://firstfm.net.au/ E: admin@firstfm.net.au
RFM Facility Management Pty Ltd
Strata and Specialist Cleaners
P: 1300 402 524
W: https://www.rfmfacilitymanagement.com.au/
E: nathan@rfmfacilitymanagement.com.au
MG Facility Maintenance
Strata Cleaning and Building Management
P: 0407324503
W: https://mgfm.com.au/ E: marcel@mgfm.co
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 just under 20,000 subscribers.
For the National Newsletter Media Kit