The NSW Strata Magazine | June 2024

The NSW

STRATA MAGAZINE JUNE 2024

Options to meet the DBPA requirements for remedial building work Page 6 | Sedgwick

What if we can’t pay the special levy on time?

Page 10 | Premium Strata

Don’t feed the cats! Who can put signs on common property?

Page 12 | Bannermans Lawyers

About Us LookUpStrata is Australia’s Top Property Blog Dedicated to Strata Living. The site has been providing reliable strata information to lot owners, strata managers and other strata professionals since 2013.

As well as publishing legislative articles to keep their audience up to date with changes to strata, this family owned business is known for their national Q&A service that provides useful responses to lot owners and members of the strata industry. They have created a national network of leading strata specialists across Australia who assist with 100s of the LookUpStrata audiences’ queries every month.

Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.

Meet the team

Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013.

With a background in Information Management, LookUpStrata has helped Nikki realise her mission of providing detailed, practical, and easy to understand strata information to all Australians.

Nikki shares her time between three companies, including Tower Body Corporate, a body corporate company in SEQ. 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.

Nikki Jovicic Owner / Director

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 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.

2 www.lookupstrata.com.au Strata legislation is updated regularly. The information in this magazine is based on the legislation at the time of publishing.

2 www.lookupstrata.com.au

2 www.lookupstrata.com.au

Contents 4 Approving expenditure on repair and/or or maintenance works

18 Should owners have easy access to the electrical panel?

Leanne Habib, Premium Strata

Nathan Clarke, Hunter Strata Management

6 Options to meet the DBPA requirements for remedial building work Anthony Rahme, Sedgwick

8 Who is responsible for cleaning the interior of my skylights?

Edward Baker, Responsive Strata

10 What if we can’t pay the special levy on time?

Leanne Habib, Premium Strata

12 Don’t feed the cats! Who can put signs on common property?

Matthew Jenkins, Bannermans Lawyers

14 Can the owners corporation prevent owners from making a claim?

20 If common property issues caused damage, should the owners corporation pay the excess?

Scott Driscoll, Driscoll Strata Consulting

22 By-law Approved, Minutes Wrong: Can I still register my renovation?

Allison Benson, Kerin Benson Lawyers

24 Ongoing charges after changing to a new strata manager Edward Baker, Responsive Strata

26 External paint colours and “like for like” Tim Sara, Strata Choice

30

The NSW LookUpStrata Directory

Tyrone Shandiman, Strata Insurance Solutions

16 A Pioneering Approach to Treating Magnesite-Related Defects BCRC

Thanks to our sponsors

Approving expenditure on repair and/or maintenance works

Is the committee legislated to hold a “paper meeting” to vote and approve expenditure on repair and/or maintenance works over $5,000?

The restriction you refer to may be an internal limit on spending.

There is a limit on spending by an owners corporation where the proposed expenditure exceeds the prescribed amount (currently $30,000 - where at least two independent quotations must be obtained) and for legal fees.

4 www.lookupstrata.com.au

In terms of any restriction on a strata committee, a strata committee cannot make a decision on any matter that the owners corporation has determined in a general meeting is to be decided only by an owners corporation in general meeting.

The restriction you refer to may be an internal limit on spending to ensure that the strata managing agent (if that person is delegated that function) cannot commit the funds of the owners corporation unless the strata committee has first approved incurring that expense.

Leanne Habib | Premium Strata info@premiumstrata.com.au READ MORE HERE

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Options to meet the DBPA requirements for remedial building work

We engaged a registered DBPA Design Practitioner for our remedial building work. However, the qualified building contractors are not DBPA-registered building practitioners. How do we meet DBPA requirements?

Our remedial building work requires NSW DBPA compliance, and we engaged a registered DBPA Design Practitioner. However, the qualified building contractors available are not DBPA-registered building practitioners.

What are our options to meet DBPA requirements to submit a building compliance declaration? Can the registered Design Practitioner submit the Building Compliance declaration? Can another builder registered as a Building Practitioner supervise the building contractor doing the work?

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Engage a registered building practitioner who can act as the head contractor or the principal contractor for the building work and oversee the work done by the qualified building contractors.

According to the Building practitioner obligations page on the NSW Fair Trading website, a registered building practitioner must provide a building compliance declaration for the building work, contractor documentation and other required documents within seven days of completing building work. This documentation must be lodged on the NSW Planning Portal and include a statement of variations that did not require a new regulated design. A building compliance declaration cannot be delegated to another person.

Therefore, if the qualified building contractors are not DBPA-registered building practitioners, they cannot submit a building compliance declaration.

The registered design practitioner who prepared the regulated designs and design compliance declarations also cannot submit a building compliance declaration, as this is a different role and responsibility under the scheme.

One possible option to meet the DBPA requirements is to engage a registered building practitioner who can act as the head contractor or the principal contractor for the building work and oversee the work done by the qualified building contractors. The registered building practitioner can then submit a building compliance declaration after verifying that the work complies with the declared designs and the Building Code of Australia.

work necessary to prevent or reduce the risk of significant harm or damage to persons or property or to rectify a serious defect in a building element or performance solution.

However, this option is subject to the approval of the Secretary of the Department of Customer Service, and may not be granted in all cases.

We hope this helps you understand the options to meet the DBPA requirements for remedial building work. However, please note that this is not legal advice, and you should consult a qualified professional before making any decisions. Also, the information I provided may not be up to date or accurate, as the DBPA scheme is subject to change and interpretation.

Anthony Rahme | Sedgwick Anthony.Rahme@Sedgwick.com READ MORE HERE

Another possible option is to apply for an exemption from the requirement to provide a building compliance declaration if the building work is considered to be emergency remedial building work. This is defined as building

Helping the strata community navigate their building concerns B U I L D I N G C O N S U LTA N C Y

RE PAIR S O LU TIO N S

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Defect reports and forensic engineering

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Scope of works

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Dilapidation and risk surveys

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Dispute mediation and expert witness

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Contractor procurement and cost validation

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Construction management

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Capital works funds/maintenance plans

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Technology driven solutions (incl. AI)

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T O L E A R N M O R E , C O N TAC T: 1300 735 720 sales.au@sedgwick.com

1300 654 599 sales.au@sedgwick.com

Who is responsible for cleaning the interior of my skylights?

This is an excellent question that pops up quite commonly, and, as with most issues in strata, you’ll need to check your by-laws and registered strata plan before you can be certain of the answer.

If your building has a custom by-law regarding window cleaning, you’ll need to proceed in accordance with the requirements in the bylaw. Likewise, a notation on the strata plan concerning windows or skylights will prevail over any by-laws or committee decisions.

However, if the by-laws for your building are the model by-laws (the standard by-laws that the owners corporation often adopts at the time of registration), there will be a by-law that says something similar to: 1. E xcept in the circumstances referred to in clause (2), an owner or occupier of a lot is responsible for cleaning all interior and exterior surfaces of glass in windows and doors on the boundary of the lot, including so much as is common property.

2. T he owners corporation is responsible for cleaning regularly all exterior surfaces of glass in windows and doors that cannot be accessed by the owner or occupier of the lot safely or at all

My unit has skylights. Who is responsible for their maintenance (cleaning)? The owners corporation has stated they are responsible for the external but not the interior cleaning. For safety and access reasons, I’m unable to do the interior cleaning myself. Could you provide any clarification?

Check your by-laws and registered strata plan before you can be certain of the answer.

8 www.lookupstrata.com.au

In this case, a skylight can be considered “exterior surfaces of glass….on the boundary of the lot”, meaning that the lot owner would be responsible for cleaning the interior surface. The owners corporation would be responsible for cleaning surfaces that are both “exterior” and that cannot be accessed by the lot owner safely.

There are some products available at hardware stores or online that are designed to allow a person to clean a skylight (effectively a squeegee or cloth on a long stick!) that you can use for the job, otherwise, I’ve had a quick look through the Lookupstrata directory and can see some cleaners and handy-people who can help.

Edward Baker | Responsive Strata edward.baker@responsivestrata.com.au READ MORE HERE

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What if we can’t pay the special levy on time?

Our owners corporation held an AGM to impose a one-off payment of $100,000 divided between 33 units. The special levy is due in six weeks. Can we arrange to pay in instalments?

We are seniors and don’t have the funds available. Why have they done this?

Contact your strata manager as soon as possible.

It is possible that your scheme has to undertake some substantial remedial works (as the owners corporation must due to its statutory obligations) and requires additional funds to do so.

10 www.lookupstrata.com.au

Since you state that you are short of funds, you should contact your strata manager as soon as possible to seek the owners corporation’s consideration of a payment plan for your specific needs (which must be done at a general meeting) over a 12 month period (unless the owners corporation has already determined it does not wish to enter into payment plans).

Each application for a payment plan should be assessed on merit, and an owners corporation may seek proof of any financial hardship Leanne Habib | Premium Strata info@premiumstrata.com.au READ MORE HERE

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Don’t feed the cats!

Who can put signs on common property?

Our aggressive building manager installed a sign forbidding people to feed cats in our complex’s garden. The owners corporation has not approved the sign. Can I remove the sign?

The building manager has installed a sign forbidding people to feed stray cats on our complex’s garden bench. The building manager has threatened fines and forbids people from taking the sign down, stating the sign is common property. The owners corporation has not voted on the sign, and I feel it is restricting owners access to the bench. As the building manager takes a very aggressive approach to communication, what should I do? Can I remove the sign? Am I best to escalate this situation?

I would not suggest removing the sign yourself, especially if the building manager is aggressive in their approach.

12 www.lookupstrata.com.au

Any addition, alteration or erection of a new structure on the common property requires a special resolution at a general meeting in accordance with section 108 of the Strata Schemes Management Act 2015.

If there has been no vote on the installation of the sign, it has not been properly authorised and should be removed by the owners corporation. I suggest that you put a motion to a properly convened meeting for its removal and escalate the situation to the strata committee and/or the strata manager.

I would not suggest removing the sign yourself, especially if the building manager is aggressive in their approach.

I would not be concerned in regards to the building manager issuing fines. Only the Court or Tribunal can issue fines through notices to comply and then penalty proceedings.

Matthew Jenkins | Bannermans Lawyers enquiries@bannermans.com.au READ MORE HERE

Can the owners corporation prevent owners from making a claim?

Q

A

Can the owners corporation structure the strata insurance so a lot owner cannot claim under the policy? Is this a viable way for owners corporations to manage the claims history and the adverse impacts of claims unrelated to common property?

Someone who pays for insurance and is an insured party has a right to make a claim on that policy.

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A lot owner is an insured party to the policy.

They contribute to their building’s insurance and have an insurable interest in the property.

When you buy a strata property, you purchase the claims history of the building. This is simply one of the things that you can’t avoid. The only way to prevent this is to not own in strata.

It’s crucial to understand that someone who pays for insurance and is an insured party has a right to make a claim on that policy. However, the owners corporation also has a role to play.

They can negotiate specific excesses, such as in the case of water damage issues, where they can request voluntary higher excesses.

Alternatively, they can recommend owners take action to maintain their property to reduce those claims.

Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au READ MORE HERE

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A PIONEERING APPROACH TO TREATING MAGNESITERELATED DEFECTS As governments and the building industry focus on the many problems caused by poor quality construction, another crisis looms over the use of a lesser known material called magnesite. Commonly used as a floor topping or levelling product up until the mid-70s, magnesite-related defects pose a risk to tens of thousands of apartments in Sydney, which are incredibly expensive and invasive to fix.

Magnesite contains chlorides (salts), and when it absorbs moisture, these chloride salts leach into concrete floor slabs and corrode steel reinforcement bars, causing them to expand and the concrete to crack. Left untended, this can eventually lead to failure and collapse.

Multiple sources of moisture exist that can dampen magnesite flooring over the life of a 50-60 year old building. These include: • Leaks in bathroom waterproofing • Steam cleaning of carpets • Rain entering open windows and doors over the life of the property • Leaks through the original windows and doors

Historically, the damaging corrosion was stopped by patch repair, corroding steel cleaned of rust, primed with a zinc rich primer, and patched with a non-shrink repair mortar.

However, patching the first areas with visible rust ignores the real risk.

The fact is, in many nearby areas where concrete has not yet cracked, the chlorides already exist in the vicinity of the steel, and either have already, or will in the near future initiate corrosion. In other words, a band-aid has been applied to the current problem, but the presence of chlorides in the concrete remains a major risk factor in the corrosion of the steel moving forward.

Traditional methods of repair involved removing the concrete that surrounded the rusting steel rebar via jackhammering. The process was not only noisy and dusty, but very slow and expensive. In some instances, it also results in damage to the ceiling below, and requires the slab to be propped within the dwelling below.

• Burst water mains including water heaters

However, a new approach pioneered by durability consultancy BCRC is revolutionising the way strata corporations and building contractors manage the treatment of magnesite-related defects.

• Humidity, particularly in Sydney’s coastal or harbour-front areas, is sufficient for moisture in the air to be absorbed into the floor topping, liquefy the salt, and allow it to migrate toward the steel reinforcement

BCRC Director Professor Marton Marosszeky said structural issues linked to magnesite can’t be ignored, and appropriate remedial measures must be taken early to maintain a building’s

• Occupants bringing moisture in on their shoes during rainy weather

structural integrity and prevent further deterioration.

“As specialist design practitioners, we understand that fixing cracked concrete and corroded reinforcing steel requires more than just a band-aid solution.

“Our new approach involves removing loose concrete, applying a simple patch in any spalled areas, and installing a zinc anode in the form of zinc sheet strips on top of the floor slab. This not only stops corrosion in the damaged areas, but draws the chlorides away from the steel reinforcement, removing the risk of corrosion in nearby areas.”

Although this approach has been proven internationally, it is relatively new in Australia.

There are also many structural engineers that believe simply hammer tapping a floor slab is enough to determine whether there is a risk of corrosion or not.

“All this approach tells you is whether corrosion of the reinforcing bars has already created sufficient expansion to cause delamination,” said Professor Marosszeky. “It tells you nothing about the risk of corrosion in the short-term and leaves property owners with a ticking time bomb.”

BCRC argues that all magnesite should be removed as soon as an apartment undergoes a refurbishment. The risk of corrosion should then be assessed based on chemical testing and residual service life modelling, with decisions made on the basis of science to determine whether cathodic protection is required or not.

LEARN MORE

SPECIALIST DESIGN PRACTITIONERS If your strata complex experiences issues like water leaks, efflorescence, corrosion, concrete deterioration, cracks, magnesite, or non-compliant cladding, then it’s critical to engage technical professionals. From coastal suburbs to city centres, building and durability consultants BCRC have been identifying and resolving such problems for over 30 years.

We collaborate with strata managers, insurers, and legal representatives to thoroughly investigate, report and propose cost-effective solutions for addressing building defects, property damage, and serviceability issues. Our aim is to offer the most practical and economically efficient remedy possible.

We offer a suite of services Remedial management services

Inspection and structural material analysis

Durability planning and modelling

Defects analysis and liability management

Repair specification and design

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Flammability testing

Building dilapidation and forensic reports

Insurance claim reports

Tender and contract services

Contact BCRC today to learn more about our remedial management and consulting services.

02 9131 8018 sydney@bcrc.com.au www.bcrc.com.au

Should owners have easy access to the electrical panel?

We needed to check if a fuse had tripped. The strata manager confirmed the only key was unavailable. We needed to pay an electrician to gain access.

Should easy access be provided for owners?

We had no hot water and needed to check if a fuse had tripped. Our strata manager advised the only person who had the key to the locked area was their father. He was away, and we needed to call an electrician with a master key.

Should owners pay an electrician’s call-out fee because the key wasn’t available?

We understand owners shouldn’t have a key to this area for safety reasons, but shouldn’t the strata manager have access?

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Owners corporation are unable to restrict access to common property unless approved by a special resolution at a General Meeting.

While it is common practice to lock up your common property electricity cupboards, the owners corporation is unable to restrict access to common property unless approved by a special resolution at a General Meeting.

Under their management agreement, the strata manager may be asked to keep the common property keys on behalf of the owners corporation to access these locked areas. The first question that comes to mind is why the key is not easily accessible in the strata manager’s office within their key register and why a third party has the key offsite, which could be a security issue in itself.

If the owners corporation is unable to provide immediate access to the common property meters and switches, the responsibility to ensure this access lies with the owners corporation. As a lot owner, you should not be burdened with the cost of a locksmith to provide this access.

Many schemes provide a key to the building manager or one or more members of the strata committee who reside on site to facilitate access. This may be worth discussing with your committee.

Nathan Clarke | Hunter Strata Management nathanclarke@hunterstrata.net.au READ MORE HERE

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If common property issues caused damage, should the owners corporation pay the excess?

Common property water ingress in my ground-floor apartment resulted in damage.

If common property issues caused the damage, shouldn’t the owners corporation pay the excess?

Common property water ingress in my ground-floor apartment resulted in damage.

Two issues caused the ingress and the owners corporation has agreed to repairs. I paid two insurance excesses for two issues, which cost $1500 and will probably increase

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my insurance premium. Shouldn’t the owners corporation pay the excess because common property issues caused the water ingress?

Most insurance policies carry a subrogation clause which transfers the right of recovery from the insured to the insurer.

There are several issues noted here: In most states, the acts enforce the provision that the common property be maintained.

Where the maintenance is lacking, the owners

corporation may be held responsible for the resultant damages and required to repair the issues found. Where the resultant damage is also covered by an insurance policy, the lot owner can lodge a claim.

If you continue with the claim and there is a subrogation clause, the recovery of your excess is a matter for the insurer. If they are not planning to seek recovery, then you could seek recovery of your excess.

As to the normal policy provisions, the insurer would normally be entitled to request an excess for each proximate cause or event, not each issue.

If you decide not to continue with the claim, we suggest you seek the advice of a properly qualified Strata lawyer: LookUpStrata Directory.

For example: if a storm occurred and the subsequent water damage is found to be from two issues with the building, this is still one event (the storm), and as such, one excess would apply.

Scott Driscoll | Driscoll Strata Consulting scott@driscollstrataconsulting.com.au READ MORE HERE

Most insurance policies also carry a subrogation clause, which transfers the right of recovery from the insured to the insurer.

This means that by contractual agreement (the policy terms and conditions), you are not permitted to recover the excess. Any such recovery is the responsibility of the insurer.

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By-law Approved, Minutes Wrong: Can I still register my renovation?

Q

My renovation by-law was approved at the AGM but not registered in the minutes. I have to wait until the next AGM for the minutes to be amended.

I’ll be outside of the time limit to register the by-law. Can I resubmit or register late due to this error?

22 www.lookupstrata.com.au

I submitted a renovation by-law for approval.

Although the by-law was placed on the agenda and approved, this was not recorded in the minutes. When I notified the strata manager, they refused to amend the draft minutes and said changes would only be made at the next AGM when the draft minutes were approved or amended.

My solicitor could not register the by-law because I had no proof it was passed. I have to register the by-law within six months of it being passed, so even if the minutes are amended at the next AGM, I can not register the by-law.

Do I put the by-law up for approval again? Can I do this if it has already been approved? If the draft minutes are amended at the next AGM, can I still register my by-law if it is out of the 6 months registration period?

A

If you are still within the 6 month period to register your by-law, I would start by lobbying the strata committee to correct the meeting minutes.

to register the by-law. This may be, for instance, forfeiting a deposit under a contract for works.

The secretary will be able to override the strata manager’s refusal and re-issue the meeting minutes as the power to issue meeting minutes is, in fact, the secretary’s. It is only delegated to the strata manager.

If you are outside of the 6 month time frame, you will have to have your by-law motion re-passed and then registered.

Allison Benson | Kerin Benson Lawyers allison@kerinbensonlawyers.com.au

This is very unfortunate. If you are still within the 6 month period to register your by-law, I would start by lobbying the strata committee to correct the meeting minutes. If it was a clear mistake I cannot see the issue with re-issuing the corrected meeting minutes.

READ MORE HERE

You should let the strata committee and your strata manager know of any loss you may suffer due to the strata manager’s refusal to correct the meeting minutes and your inability

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We offer a full range of strata law services in the following areas: • By-laws & Rules

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23

Ongoing charges after changing to a new strata manager

We changed our strata management company and received the books and funds in December 2023. Since then, we received some charges. Can they invoice extra charges after the transfer of books has taken place?

We changed our strata management company in December 2023. This was the date the books and the owners corporation funds were transferred. After receiving the last statement two months later, we noticed unusually high charges collected by the previous strata manager before the transfer of the books.

We sent an e-mail to the previous strata manager disputing the charges. Weeks later, they responded, saying the charges were discounted and they were preparing a tax invoice for other uncharged services.

As their Agency Agreement ended in December 2023, can they invoice extra charges after transferring the books? Does this mean that the financial statements in the AGM agenda for the February 2023 meeting would not be a true reflection of the owners corporation’s financial position?

The management agreement should state what agreed service and additional service charges the agent is entitled to charge and the period they are entitled to charge them.

Read the management agreement between the owners corporation and the previous managing agent thoroughly. This should state what agreed service and additional service charges the agent is entitled to charge and the period they are entitled to charge them.

It’s important to note that the managing agent is only permitted to carry out the functions of the owners corporation and charge fees whilst a valid agreement is in place. You should check that you haven’t been charged for any work performed after the agreement’s expiry date.

24 www.lookupstrata.com.au

You’ve mentioned the charges before the handover were unusually high. A significant amount of work is required to “offboard” an owners corporation (closing bank accounts, updating StrataHub, finalising accounting, collating electronic records, preparing physical documents, etc.). I expect some additional charges relating to that. The amount would depend on whether a specific charge is specified in your management agreement or how much time was required for the offboarding.

Assuming the charges you are referring to were for work carried out when the agency agreement was in place, I don’t see any issue with an outgoing managing agent issuing an invoice after the agreement has expired. As with any invoice, your owners corporation can dispute it if you feel it is unjustified.

normal that the financial statements received at the AGM did not include some future expenses that are likely payable but which have not been entered into the accounting system as a liability because an invoice has not been received.

Please note, this is only general advice.

Depending on the particulars of this matter, your strata committee might want to seek advice from a lawyer experienced with strata matters.

Edward Baker | Responsive Strata edward.baker@responsivestrata.com.au READ MORE HERE

Regarding the financial statements, most owners corporations use a hybrid of cash accounting and accrual accounting. It’s quite

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External paint colours and “like for like” Can you clarify the “like for like” concerning external paint colour choices?

Can you clarify “like for like” concerning external paint colour choices? We want to repaint the outside of our building. We only have three of the five lot owners who agree with the project. We have already unsuccessfully conducted a GM. Considering “like for like”, could we paint the dark brown doors white to match other aspects of the building, such as the balustrades and screen doors? Part of the downstairs footpath is yellow and the other section is red. Could we paint the whole path red?

26 www.lookupstrata.com.au

It is widely accepted that changes to the existing colour scheme would be deemed as an alteration to the common property, for the purpose of improving or enhancing it.

When dealing with changes to common property, we rely upon section 108 of the Strata Schemes Management Act (NSW) 2015 (‘the Act’): 1. P rocedure for authorising changes to common property An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.

2. Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.

To dissect this, we must first consider if we are going to: 1. add to common property 2. alter the common property; or 3. erect a new structure on common property.

Then we must consider if we are doing so for “the purpose of improving or enhancing common property”.

It is widely accepted that changes to the existing colour scheme would be deemed as an alteration to the common property, for the purpose of improving or enhancing it.

Therefore, in accordance with section 108, a special resolution in a general meeting (wherein no more than 25% of votes cast are against the resolution) is necessary to approve those works.

Some may argue that repainting the common property is considered maintenance, which an owners corporation is obligated to do under section 106 of the Act. If we were to repaint in the same colour scheme, it would be unlikely to be considered an “improvement or enhancement”.

However, section 108 allows us to clarify “maintenance” versus an “improvement or enhancement” and how to approach it.

Furthermore, approaching this with a special resolution avoids any potential argument of an invalid decision being made (as the threshold for votes in favour is higher than an ordinary resolution).

Tim Sara | Strata Choice tsara@stratachoice.com.au READ MORE HERE

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City of Sydney grant round opens 23 July Owners corporations in the City of Sydney government area are eligible to apply for a green building grant.

Applications open Tuesday 23 July and close Tuesday 20 August.

If successful, funding is for projects from 1 January 2025.

Funding available: • up to $15,000 for 1st year NABERS energy and water ratings, action plans and solar feasibility studies • $5,000 for 2nd year NABERS energy and water ratings Find out more about the City of Sydney’s green building grants.

For further questions, email the grants team at communitygrants@cityofsydney.nsw.gov.au.

JOIN US AT OUR ANNUAL CONFERENCE STRATA MATTERS 2024: BUILDING SUSTAINABLE COMMUNITIES THURSDAY 12 SEPTEMBER 2024 8.30 AM TO 1.00 PM RYDGES WORLD SQUARE SYDNEY FACE TO FACE IN SYDNEY AND LIVE STREAMED

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EDUCATION & TRAINING 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

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

ANTENNAS Install My Antenna

Professional TV Antenna Service For You Today P: 1300 800 123 W: https://www.installmyantenna.com.au/ E: info@installmyantenna.com.au

Resvu

Customer Service Software for Strata P: 08 7477 8991 W: https://resvu.io/ E: enquiries@resvu.com.au

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BUILDING ENGINEERS & INSPECTORS 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 SC Seymour Consultants

STRATA COMPLIANCE REPORT SPECIALISTS

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

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

Property services & facilities management P: 1800 767 266 W: https://www.roscon.com.au/ E: info@roscon.com

Managing clients P: 02 9918 2200 W: https://auricprojects.com.au/ E: info@auricprojects.com.au

Budget Vals

Independent Inspections

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

Sinking Fund Forecast, Insurance Valuations, OHS P: 1300 857 149 W: http://www.iigi.com.au/ E: admin@iigi.com.au

Leary & Partners

Solutions in Engineering

BIV Reports

Landlay Consulting Group

Olive Tree Consulting Group

Leo & Associates Consulting Engineers

Quantity surveying services since 1977 P: 1800 808 991 W: https://www.leary.com.au/ E: enquiries@leary.com.au Specialist in Strata Compliance Reports P: 1300 107 280 W: https://www.biv.com.au/ E: biv@biv.com.au Solutions in Strata Compliance P: 0400 161 659 W: https://olivetreeconsultinggroup.com.au/ E: admin@olivetreeconsultinggroup.com.au

Quality Reports On Time, Every Time!

P: 1300 136 036 W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com A Strata Remedial Consultancy P: 02 8095 8556 W: https://www.landlay.com.au/ E: admin@landlay.com.au Enhancing Structures, Empowering Futures P: 0452 205 727 W: https://laconsulting.com.au/ E: Leo@laconsulting.com.au

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STRATA REPORTS EYEON Property Inspections

Buy and Sell with More Confidence P: 1300 798 274 W: https://www.eyeon.com.au/ E: info@eyeon.com.au

Rawlinsons

Calculated Confidence P: 08 9424 5800 W: https://www.rawlinsonswa.com.au/ E: info@rawlinsonswa.com.au

Strataregister.com Pty Ltd

Find the Strata / CT Manager for your property P: 0411 483 249 W: https://www.strataregister.com/ E: hello@strataregister.com

STRATA LAWYERS Kerin Benson Lawyers Pty Ltd

Specialised Legal Advice for Strata P: 02 8706 7060 W: https://kerinbensonlawyers.com.au/ E: enquiries@kerinbensonlawyers.com.au

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

Khoury Lawyers Pty Ltd

Know. Act. Resolve.

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

Madison Marcus Law Firm

P: 02 9248 3400 W: https://www.speirsryan.com.au/ E: enquiries@speirsryan.com.au

Client focused, Results Driven P: (02) 8005 3086 W: https://khourylawyers.com.au/ E: pierrette@khourylawyers.com.au Be Empowered P: 131 529 W: https://www.madisonmarcus.com.au/ E: strata@madisonmarcus.com.au

Holman Webb Lawyers

Body Corporate Disputes & Litigation Specialists P: 07 3235 0100 W: https://www.holmanwebb.com.au/ E: shane.roberts@holmanwebb.com.au

Speirs Ryan

Watson & Watson Lawyers

“when experience matters”…..

P: 02 9221 6011 W: https://www.watsonandwatson.com.au/ E: richard@watsonandwatson.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

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STRATA MANAGEMENT Premium Strata

Diamond-Class strata management agency P: 02 9281 6440 W: https://www.premiumstrata.com.au/ E: info@premiumstrata.com.au

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

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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

PROJECT MANAGEMENT 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

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DEFECT RESTORATION

ELECTRICAL

MJ Engineering Projects

Altogether Group

Klaar

ENM Solutions

Ouroboros design

Energy On Pty Ltd

TRADECOM GROUP

McIntosh Electrical Pty Ltd

Altec Building

EMERLITE ELECTRICAL SERVICES

Remedial Consultant Engineers P: 1300 571 991 W: https://mjengineeringprojects.com.au/ E: info@mjengineeringprojects.com.au The Strata Building Specialists P: 02 8003 4547 W: https://klaar.com.au/ E: build@klaar.com.au Architect assistance with upgrades and renovations P: 0400 152 833 E: garymo12@gmail.com Innovative Commercial Building Projects P: 1300 301 888 W: https://tradecomgroup.com/ E: services@tradecomgroup.com Remedial Building & Waterproofing P: 02 9744 2039 W: https://www.altecbuilding.com.au/ E: info@altecbuilding.com.au

FIRE SERVICES 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

Power.Water.Data P: 1300 803 803 W: https://altogethergroup.com.au/home-business/ E: eaustin@altogethergroup.com.au Providing Solutions for Embedded Networks P: 1300 000 366 W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au P: 1300 323 263 W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au

Powered by Trust P: 1300 627 727 W: https://www.mcintoshelectrical.com.au/ E: jenny@mcintoshelectrical.com.au We Answer The Phone - No Job Too Big Or Small P: 07 5591 9191 W: https://www.emerlite.com.au/ E: office@emerlite.com.au

SUSTAINABILITY 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

PARKING PowerUp Engineering

PRINT YOUR DIRECTORY HERE

Car Stackers, Car Hoists and Turntables P: 02 9170 0698 W: https://powerupengineering.com.au/ E: info@powerupeng.com.au

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PLUMBING

WINDOWS & DOORS

Stormwater Sydney

Windowline Pty Ltd

P: 1300 741 003 W: https://stormwatersydney.com/ E: admin@stormwatersydney.com

P: 02 8304 6400 W: https://windowline.com.au/ E: info@windowline.com.au

HYDRAULICA Pty Ltd

ASQB Pty Ltd

Specialise in Drain & Pipe Cleaning W: https://www.hydraulica.com.au/ E: darren@hydraulica.com.au

Window & Door Repairs + Window Safety Compliance P: 02 9785 7893 W: https://www.asqb.com.au/ E: service@asqb.com.au

Mr Washer, Plumber To The Rescue

The Window Guy

Inspection, Repair and Maintenance of drainage assets

Over 30 years serving Sydney Strata buildings P: 02 8583 2360 W: plumbertotherescue.com.au/strata-commercial.html E: jobs@mrwasher.com.au

WATERPROOFING Danrae Group

Remedial Waterproofing & Building Specialists P: 1800 326 723 W: https://www.danraegroup.com.au/ E: enquiries@danrae.com.au

VALUERS 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

ENERGY 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

Replacement window and door specialists

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

PAINTING 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

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CONSULTING

RECRUITMENT SERVICES

Strata Solve

sharonbennie – Property Recruitment

Tender Advisory

Property Recruitment Partners

Untangling strata problems P: 0419 805 898 W: https://stratasolve.com.au/ E: chris@stratasolve.com.au Tender Solutions: Consult. Procure. Support.

P: 0435 893 670 W: https://tenderadvisory.com.au/ E: info@tenderadvisory.com.au

STRATA LOAN PROFESSIONALS

Matching top talent with incredible businesses P: 0413 381 381 W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au Recruitment Solutions Tailored for You P: 02 8313 5591 E: aaron@propertyrecruitmentpartners.com.au

ACCOUNTANTS

Lannock Strata Finance

Tinworth & Co

StrataLoans

Matthew Faulkner Accountancy

Austrata Finance

Incite Accountants & Advisors

LIFTS & ELEVATORS

SAFETY & SECURITY

Innovative Lift Consulting Pty Ltd

QUATRIX PTY LTD

The Lift Consultancy

Lock, Stock & Barrel Locksmiths Pty Ltd

The Leading Strata Finance Specialist P: 1300 851 585 W: https://lannock.com.au/ E: strata@lannock.com.au The Experts in Strata Finance P: 1300 785 045 W: https://www.strata-loans.com/ E: info@strata-loans.com Use Your Money or Borrowed Money: It’s Your Choice P: 1300 936 560 W: https://austratafinance.com.au/ E: info@austratafinance.com.au

Australia’s Vertical Transportation Consultants P: 0417 784 245 W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au 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

Chartered Accountant & Strata Auditors P: 0499 025 069 W: https://www.tinworthaccountants.com.au/ E: caren.chen@tinworth.com Strata Auditing specialists P: 0438 116 374 W: https://www.mattfaulkner.accountants/ E: matt@mattfaulkner.accountants Provides a service that delivers the outcomes P: 02 8067 9015 W: https://www.inciteaccountants.com.au/ E: admin@inciteaccountants.com.au

Intercoms, Access Control, CCTV, Data, etc.

P: 02 9554 3487 W: https://www.quatrix.com.au/ E: info@quatrix.com.au P: 0411 700 072 W: https://www.lsblocksmiths.com.au/ E: info@lsblocksmiths.com.au

INVESTMENT SERVICES Strata Guardian

Fight low returns and rising levies with us.

P: 1300 482 736 W: https://www.strataguardian.com/ E: contact@strataguardian.com

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LIST MY BUSINESS ROOFING Apt Roofing Pty Ltd

Everything Roofing!

P: 02 9666 7373 W: https://www.aptroofing.com.au/ E: admin@aptroofing.com.au

CLOTHESLINES Lifestyle Clotheslines

Clothesline and washing line supplier & installer P: 1300 798 779 W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au

CLEANERS

Leaf Shield

Leafshield Gutter Protection Specialists P: 1300 362 246 W: https://leafshield.net.au/why-leafshield/ E: info@leafsheild.net.au

INSURANCE Strata Insurance Solutions

Protecting owner assets is who we are P: 1300 554 165 W: https://www.stratainsurancesolutions.com.au/ E: info@stratainsurancesolutions.com.au

Whitbread Insurance Brokers Empower Your Vision P: 1300 424 627 W: https://www.whitbread.com.au/ E: info@whitbread.com.au

CHU Underwriting Agencies Pty Ltd

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

Strata Community Insurance

Protection for your strata property. And you.

P: 1300 724 678 W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au

Flex Insurance

Your Cover Your Choice P: 1300 201 021 W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au

Driscoll Strata Consulting

Knowledge | Experience | Service P: 0402 342 034 W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au

CRM Brokers

The smart insurance choice P: 1300 880 494 W: https://www.crmbrokers.com.au/ E: crmstrata@crmbrokers.com.au

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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

DELIVERY & COLLECTION SERVICES Groundfloor™

Australian parcel, mail, and refrigerated lockers P: 03 9982 4462 W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com

FACILITY MANAGEMENT LUNA

Building and Facilities Manager P: 1800 00 LUNA (5862) W: https://www.luna.management/ E: info@luna.management

First Facility Management Pty Ltd Putting You First P: 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

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Advertise with VIEW OUR MEDIA KITS: As of April 2022, The Strata Magazines received a national audience engagement of around 20,000 views within one month of their release.

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LookUpStrata’s Newsletters have a national audience of just under 20,000 subscribers.

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