The NSW STRATA MAGAZINE
MAY 2024
Our project manager has never inspected the site Page 6 | Sedgwick
Dysfunctional committees, legal cost claims and the impact on insurance premiums Page 8
Can the number of positions on a committee be amended at a GM? Page 24
| Strata Insurance Solutions
| Kerin Benson 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,
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. Learn
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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. Strata legislation is updated regularly. The information in this magazine
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4 Navigating Water Ingress in Strata Properties Lannock Strata Finance 6 Our project manager has never inspected the site Edwina Feilen & Bruce McKenzie, Sedgwick 8 Dysfunctional committees, legal cost claims and the impact on insurance premiums Tyrone Shandiman, Strata Insurance Solutions 10 WHS obligations to comply - at the AGM and beyond Scott Bellerby, B Strata 12 Meeting quorum at the community association AGM Leanne Habib, Premium Strata 14 Who pays for repairs if the Owners Corporation does not want an owner to make an insurance claim? Tyrone Shandiman, Strata Insurance Solutions 16 Strata compliance reports that are easy to understand QIA Contents
18 Does an owner need to attend the AGM to nominate to the committee? Rod Smith, The Strata Collective 20 Waterproof membrane selection and expected period of maintenance BCRC 22 Have inflation fluctuations caused more cases of over or underinsurance? Zac Gleeson, GQS 24 Can the number of positions on a committee be amended at a GM? Allison Benson, Kerin Benson Lawyers 26 I’d like to paint my front fire safety door, including the metal auto-closer Rob Broadhead, 2020 Fire Protection 28 Can I install an umbrella in my courtyard? Leanne Habib, Premium Strata 32 Proxies in Strata – Six Things You Need to Know Strata Community Association NSW 34 The NSW LookUpStrata Directory
Navigating Water Ingress in Strata Properties
Water ingress, or penetrating damp is an insidious problem that can infiltrate buildings through various pathways, including faulty waterproofing, plumbing leaks, and external breaches.
Known as the ‘silent intruder’ it is a pervasive issue, often going unnoticed until damage has occurred. The immediate and long-term damages of water ingress are diverse, ranging from structural compromise to health issues arising from mould and fungal decay. In our experience, the silent nature of water ingress exacerbates these issues, as prolonged exposure often leads to more severe damage.
Strata communities face unique financial and logistical challenges in addressing water ingress. Legislation varies across Australia.
For example, the Design and Building Practitioners Act (DBPA) which was introduced into NSW in 2021 mandates that waterproofing consultants be DBPA approved, adding a layer of complexity and protection to the management and rectification of water ingress issues. In other states water proofers must be certified by the relevant building authority and sign-off by a licenced plumber may be required.
Further adding to the complications you already face, the recent La Niña events have caused a backlog and delays in addressing water ingress. With weather experts such as Australia’s Bureau of Meteorology predicting that Australia is heading for another La Niña weather event, we can expect these existing water ingress issues to be exacerbated as well as increasing the rectification backlog.
The tendency for Owner Corporations to procrastinate over carrying out remediation works can play out particularly badly in cases of water ingress, where delay often leads to increased damages and higher eventual costs. This emphasises the importance of informed financial planning in managing an Owner Corporation’s obligation to repair and maintain the property.
Identifying and Addressing Water Ingress
Identifying signs of water ingress early is crucial. As is acting quickly to address the issues. Delays inevitably result in increased costs. Look for damp patches, staining or damage to exterior façades and concrete, mould growth, peeling paintwork and musty smells. Preventive measures and treatments are available, but expert advice should be sought.
Sydney Water’s WaterFix program, a free service, aids Sydney residents in water conservation and leak detection. Our NSW Business Development team are well-versed and experienced in this program.
Waterproofing Issues – Quick Fixes vs a Whole Building Permanent Fix Approach
Waterproofing issues are not uncommon and can cost hundreds of thousands of dollars, even in smaller strata schemes. Quick fixes versus permanent repairs are a critical consideration. Taking a whole-building view is essential for long-term solutions, as discussed in Lannock Strata Finance’s recent webinar with LookUp Strata on ‘Bang for your buck in capital works’.
ACCESS THE WEBINAR HERE How to get bang for your buck when planning capital works.
WHAT DO OWNER CORPORATIONS NEED TO CONSIDER?
Lannock Strata Finance has also prepared a list below that will help you. It is not definitive, but we hope it will help shape your approach to this insidious issue and assist your ultimate decision-making.
Leak Detection Tests
Waterproofing consultants perform leak detection tests to replicate water travelling from external sources to the interior of the building. This allows them to identify the source and extent of the issue and determine the necessary repairs. Understandably, owners often do not grasp the scope and impact of water ingress until they see the results of these tests or photo and video reports.
The Unseen Damage
The ‘silent intruder’ often leaves behind damaged, aging, or insufficiently tarped areas that are typically revealed through photo reports. Owners may be unaware of these issues until they are visually presented with the evidence.
Selecting Contractors and Consultants
The importance of moving quickly, conducting inspections and understanding how they support you throughout the project are key to selecting the right contractor or consultant for water ingress rectification.
We have found it beneficial to select a contractor or expert who can provide support at your general meetings. Having an ‘expert in the room’ can help owners better understand what the risks are, and what options are available to them. At a practical level it will also relieve pressure on any individual owner, by enabling a fuller discussion at an OC’s general meeting - rather than having messages and questions being passed between consultants, contractors, and committee members to be fed through to owners.
Your state-based strata body or Owners Corporations organisation is always a good starting point if you need advice as to whom to turn.
Financial Solutions for Rectification Works
Lannock Strata Finance provides flexible funding solutions to alleviate the financial burden on strata communities facing water ingress issues. These options allow for rectification 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.
Certification and legislation
The introduction of the DBPA has significantly impacted the management and rectification of water ingress issues in strata in NSW.
Waterproofing consultants now need to be licenced for works over $5,000, ensuring a higher standard of accountability and quality in waterproofing services.
La Niña’s Impact
The recurring La Niña weather events have led to a backlog in addressing water ingress issues. The potential recurrence of La Niña, as predicted by weather experts, could lead to persistent wet conditions, further exacerbating existing water ingress issues.
Understanding water ingress and the financial solutions offered by Lannock is essential for strata communities. Readers are encouraged to reach out to Lannock for consultation on funding options for their water ingress issues.
Speak with our strata finance specialists today to see how Lannock’s funding facilities can provide peace of mind.
P 1300 851 585
E strata@lannock.com.au
W lannock.com.au
Our project manager has never inspected the site
The project manager employed by our committee to oversee the repairs of lot bathrooms has never been on site. Is it usual for a project manager to rely on information provided by the committee?
Our committee employed a project manager to oversee the repairs of lot bathrooms. The project manager has never been on site, and there’s just so much misinformation from different committee members that it’s becoming unworkable. Is it usual for a project manager to never inspect the site and simply rely on information provided by the committee?
In simple terms, no.
Bruce McKenzie
In simple terms, no. It’s not usual. It would come back to the terms of the project manager’s engagement and understanding of the agreement. Were they expected to come to the site, or perhaps it was what we call a light touch arrangement, where they were only assisting at a high level?
Ordinarily, any project manager should go to the site. It’s the definition: the project manager is managing the project hands-on, on the ground, and making sure things are right.
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You could contact the project manager to clarify whether this is driven by their understanding of the original agreement.
Edwina Feilen:
If you’re not getting the service, you shouldn’t pay those fees until you actually get that service.
One key aspect of a tendering or project management process is that every time a fee is submitted for payment from a contractor, we need to ensure that the fee for service is for works that have been completed or provided. In this instance, maybe get a second opinion.
Edwina Feilen & Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com
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Technology driven solutions (incl. AI) •Façade assessments T O LE A R N M O R E , C O N TAC T : 1300 735 720 sales.au@sedgwick.com RE PAIR SOLUTIONS • Emergency make safe • Fire water damage restoration • Leak detection • Contamination response • Building repairs • Cost validation services • Technology driven solutions (incl. AI)
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Dysfunctional committees, legal cost claims and the impact on insurance premiums
We’re engaging a solicitor to deal with our dysfunctional committee. Can we claim the legal costs from our strata insurance? How will that impact our insurance premium?
The owners corporation or committee might be eligible to claim under the strata insurance policy for legal costs incurred in defending against legal actions.
When engaging a solicitor to address issues with a dysfunctional committee, it’s important to understand how this action interacts with strata insurance policies, particularly regarding the coverage of legal costs and the potential impact on insurance premiums
• Legal costs for lot owners: Generally, the legal expenses incurred by a lot owner in pursuing action against the owners corporation or its committee are not covered under a standard strata insurance policy. As a lot owner, you would typically be responsible for bearing the cost of legal representation and any related expenses.
• Coverage for the owners corporation or committee: Conversely, the body corporate or committee might be eligible to claim under the strata insurance policy for legal costs incurred in defending against legal actions. Such coverage is contingent upon the specifics of the insurance policy, which may include legal defence costs as part of its protection for the owners corporation’s officers and the committee.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
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WHS obligations to comply - at the AGM and beyond
At the AGM each year, you need to help educate everyone. Have a motion acknowledging that all parties have a duty of care to the owners, the occupiers, the contractors and visitors attending the scheme. Make people aware that they have that obligation.
I suggest you have a motion where you progress a safety report on a fairly regular basis. If nothing’s really changed around the scheme, do you have to get one done every year? Probably not. But if anything changes on-site, it might be worth getting another safety report.
Owners should discuss items of concern for minuting that should be actioned immediately following the AGM. I’m not saying they shouldn’t immediately raise a safety issue
if they do identify it. It’s also very important that there’s a motion where the scheme adopts or tables every report they’ve had commissioned throughout the year because the obligations extend to the owner when they bring a contractor into their unit. Owners need those reports, eg an asbestos report or a risk with the safety fuses in the electrical box. As a minimum, I think every scheme should be doing that.
Scott Bellerby | B Strata scott.bellerby@bstratawa.com.au
10 www.lookupstrata.com.au READ MORE HERE
Meeting quorum at the community association AGM
At our recent AGM for a community association, an owner of several lots attended, but the other owner, who only owns one lot, did not. Does a quorum exist in this scenario?
If the Act’s requirements are met, quorum is constituted.
The requirements for quorum at general meetings/AGMs of an Association are set out in Schedule 1, Clause 16 of the Community Land Management Act 2021 (NSW), as extracted below, so, if those requirements are met, quorum is constituted:
16 QUORUM
1. Quorum required for motion or election A motion submitted at a meeting must not be considered, and an election must not be held at a meeting, unless there is a quorum present to consider and vote on the motion or on the election.
2. When quorum exists A quorum is present at a meeting only in the following circumstances--
a. if not less than one-quarter of the members of the association entitled to vote on the motion or election are present either personally or by duly appointed proxy,
b. if not less than one-quarter of the total unit entitlement of the scheme is represented by the persons who are present either personally or by duly appointed proxy and who are entitled to vote on the motion or election,
c. if there are 2 persons who are present either personally or by duly appointed proxy and who are entitled to vote on the motion or election, in a case where there is more than 1 member of the association and the quorum otherwise calculated under this subclause would be fewer than 2 persons.
Leanne Habib | Premium Strata info@premiumstrata.com.au
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Who pays for repairs if the owners corporation does not want an owner to make an insurance claim?
Q
A
If the committee prefers owners not to make insurance claims to prevent future premium increases, is the owners corporation liable for repair costs?
Owners have an insurable interest in the strata insurance policy and are entitled to make a claim for valid insurable damage.
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When dealing with situations where the committee might prefer that an owner does not file an insurance claim to avoid potential increases in future premiums, it’s essential to understand the following considerations:
• Right to Claim: A owners corporation cannot prevent an owner from making an insurance claim. Owners have an insurable interest in the strata insurance policy and are entitled to make a claim for valid insurable damage. If an owner decides to proceed with a claim, they have the right to contact the insurer directly to assert their claim, independent of the committee’s preferences.
• Owners Corporation’s Financial Responsibility:
The question of whether the owners corporation is able to cover the costs of damage instead of making a claim is complex. Generally, the owners corporation’s responsibility to pay for repairs within individual lots is determined by the governing legislation and the
specific by-laws of the owners corporation. There are legal and regulatory boundaries that dictate what a owners corporation can spend funds on and this is usually associated with maintenance of common property. If the legislation or the owners corporation’s by-laws do not explicitly require the owners corporation to cover these costs, or if the owners corporation is not otherwise legally liable for the repairs, then it may not be appropriate or even legal for the owners corporation to pay for damages that a lot owner is responsible for.
In this instance, it is recommended the owners corporation seek advice from their strata manager based on the specific circumstances of the claim before deciding the most appropriate action to proceed with.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
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Does an owner need to attend the AGM to nominate to the committee?
Does an owner need to attend the AGM in person to be nominated to the strata committee or elected to the office of treasurer, secretary or chairperson?
Does an owner need to attend the AGM in person to be nominate to the strata committee or elected to the office of treasurer, secretary or chairperson?
Last year at our AGM, our strata manager advised that an owner was nominated to be on the committee and elected as chairperson. However, as they were not in attendance in person, they were not eligible to be chair. This has happened in the past treasurer, secretary and chair. The same owners continue to nominate each other for the offices yet are not always in attendance at the AGM.
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A person may nominate to the strata committee and nominate for an office bearer’s positions in writing before the meeting.
A person may nominate to the strata committee and nominate for an office bearer’s positions in writing before the meeting.
Most strata firms will have nomination forms, however, a simple email to the strata manager is suitable.
Section 41 of the SSMA 2015 states:
Our emphasis
1. The members of a strata committee must, at the first meeting of the strata committee after they assume office as members, appoint a chairperson, secretary and treasurer of the strata committee in accordance with this Act.
4. Nomination for election as an officer of the owners corporation may be made before or at the meeting at which the election is held.
Rod Smith | The Strata Collective
rsmith@thestratacollective.com.au
The Strata Collective. Where People Matter.
The Strata Collective was formed with a simple goal –to provide a professional strata management service to clients who want a close, personal relationship with their Strata Manager.
We are a next generation Strata Management business that you can count on.
Find out more about our award-winning services at thestratacollective.com.au
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WATERPROOF MEMBRANE SELECTION AND EXPECTED PERIOD OF MAINTENANCE
Among the strata community, the significance of waterproofing is well recognised. Achieving effective waterproofing relies on engaging a specialist contractor (building practitioner), and the utilisation of high-quality products.
However, it’s imperative to underscore the importance of regulated designs for waterproof membrane systems. A design should align the selected system with the specific requirements and expected maintenance cycles of the client strata corporation.
Waterproofing membranes play a critical role in the performance of rooftops, facades, balconies, bathrooms, and planter boxes. Yet, while there are numerous waterproof membrane systems, none are universally applicable. In fact, they can be broadly categorised into three main classes:
Class I membranes: resin (fiberglass) systems, water-based epoxies
Class II membranes: acrylic membranes, bitumen-based emulsions or mastics, torch-on bitumen-based systems
Class III membranes: water or solvent-based polyurethane, PVC sheet, rubber sheet, EPDM rubber
Each membrane system exhibits its own unique technological characteristics – from liquid to sheet membranes, each composed of materials like acrylic, polyurethane, PVC, HDPE, rubber, and bitumen.
When selecting a waterproof membrane system, careful consideration must be given to factors such as design intent, performance
requirements, the building environment, and the anticipated maintenance schedule, including warranties.
Australian standards like AS 3740, AS/NZS 4858, AS 4654.1, and AS 4654.2 serve as essential benchmarks for regulated design and building practitioners rely on them during the selection and installation process.
“At BCRC, we are deeply involved in all aspects of waterproof membrane systems,” said building and waterproofing lead consultant, Chris Zervos.
“From numerous expert witness engagements and inspection and testing of defective systems, we understand that waterproofing failures often stem from more than just workmanship. Incompatibility of materials, inadequate design detailing, and a lack of understanding by strata corporations regarding product specifications and maintenance requirements are among common pitfalls.”
Zervos added that as Registered Design Practitioners, BCRC is frequently tasked with assessing and reporting on failed systems and the design and oversight of new waterproof membrane system installations.
“By leveraging our extensive knowledge of materials and technologies, we consistently match the right system to our clients’ design needs, ensuring long-lasting effectiveness.”
Strata plans will also benefit from BCRC’s SMART Inspect approach, as well as its extensive use of Non-Destructive Test methods that evaluate all aspects of a building. This is particularly relevant where the durability of materials and thickness of coatings and waterproof membranes are integral to maintaining structural integrity and preventing damage caused by water penetration.
Today, BCRC’s reputation as a leading provider of waterproofing solutions makes the company well positioned to address the waterproofing challenges faced by strata plans, helping to safeguard their properties against water damage.
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DESIGN
SPECIALIST BUILDING 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 three decades.
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
Durability planning and modelling
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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
Have inflation fluctuations caused more cases of over or underinsurance?
Because of recent inflation fluctuations, should committees arrange insurance valuations more regularly instead of waiting the typical five years? How have market fluctuations affected the insured amount? Could we see more than usual cases of over or underinsurance?
Yes they should be arranging more regularly than the 5 years due to the recent construction market fluctuations.
We’re recommending annual updates at the moment due to construction market fluctuations which have been significant since the pandemic. It’s really important to have a valuation done more regularly and at the moment, five years is way too long. It’s an added expense, but it’s better than being underinsured by a significant percentage.
Inflation within the construction market directly affects the building sum insured / insurance valuation for a strata property. Media has drawn
attention to 20% annual increases which have been relevant in some areas, this however is not applicable to all areas. On the other side of the coin some properties have been inflating their building sum insured / insurance valuation amount by the 20% per annum seen in the media which may not be relevant to their area, or property, resulting in significant overinsurance as well.
We can bring your sum insured back in line with what’s actually happening in the market for your property, not just based on the insurer’s automatic indexation. Prior to the pandemic the insurer’s automatic indexation was typically too high, but generally since the pandemic it has been too low and it cannot be relied upon. Also, what is the basis of the number that the insurer is automatically indexing? Is it correct, current and relevant to your property?
An independent valuation for your property rather than being based on what has been read or seen in the media is key, especially at the moment in a rapidly moving market.
Zac Gleeson | GQS zac@gqs.com.au
Q A
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Can the number of positions on a committee be amended at a GM? www.lookupstrata.com.au
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If the committee is elected at the AGM, but vacancies can be filled at other general meetings, can a GM amend the number of positions on a committee?
There are no restrictions to setting the number only at the AGM under the Act.
Generally, yes. This would be to fill vacancies as the number of strata committee members is a compulsory agenda item for an AGM where the number of members is voted on. Section 30(1) of the Strata Schemes Management Act 2015 says:
This section just says the owners corporation determines the number of strata committee members. There are no restrictions to setting the number only at the AGM under the Act. This means an owners corporation could resolve to change the member number at a later general meeting provided that if it meant there were more strata committee members than places, another election was held.
Allison Benson | Kerin Benson Lawyers allison@kerinbensonlawyers.com.au
1. The strata committee of an owners corporation is to consist of the number of persons determined by the owners corporation (not being more than 9). READ
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Q A Contact Us Today P 02 8706 7060 W kerinbensonlawyers.com.au E enquiries@kerinbensonlawyers.com.au
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I’d like to paint my front fire safety door, including the metal auto-closer
I live in a 9-level unit block. Can I paint my front fire safety door? I’d also like to paint the hardware, such as the top metal auto-closer. Is this possible?
www.lookupstrata.com.au 26
Care must be taken to ensure the clearances are not impacted to the degree that the door cannot close and latch automatically or any seals or hardware fitted are affected.
When considering painting fire doors, owners need to consider the following:
1. The fire door is part of common property, and painting may change the asset and appearance of that lot, so approval of the owners corporation should be sought first.
2. Paint on the door is not generally an issue for compliance, but care must be taken to ensure the clearances are not impacted to the degree that the door cannot close and latch automatically or any seals or hardware fitted are affected.
3. For painting the hardware, there’s no direct legislative reason why you cannot, but remember that they still have to work exactly as designed without paint getting in the way of the door closing and latching as required.
a. Also, the hardware is (in the majority) common property, and painting hardware may render it less or non-serviceable, so this type of modification would likely trigger an exclusive use under the property’s bylaws, meaning any future maintenance is the lot owners’ sole responsibility instead of strata responsibility.
READ MORE HERE ABN Lift Consultants ABN Lift Consultants Suite 43, 48 – 50 George Street, Parramatta NSW, 2150 PO Box 254 Wentworth Falls NSW 2782 Elevation by Design ABN Lift Consultants 02 8004 6832 info@abnlift.com www.abnlift.com
Rob Broadhead | 2020 Fire Protection rob.broadhead@2020fire.com.au
Can I install an umbrella in my courtyard?
28 www.lookupstrata.com.au
Do I need strata permission to install a cantilever umbrella in my courtyard garden? It is not on or near common property and not attached to any walls.
We recommend you seek approval.
Even though your umbrella is freestanding (and you are not carrying out any works per se), it may not be in keeping with the appearance of the building and the standard by-law which applies to many schemes states:
17 Appearance of lot
1. The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
2. This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 10.
We therefore recommend you seek approval from your strata managing agent/owners corporation to avoid any issues.
Leanne Habib | Premium Strata info@premiumstrata.com.au
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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.
cityofsydney.nsw.gov.au/guides/sustainability-resourcesfor-apartment-buildings
Owners Corporation Network is a not-for-profit organisation established by strata owners to help navigate strata living, from social and organisational challenges to financial and legal issues.
As a proud member of the Consumers’ Federation of Australia, we invite individual owners and schemes to enjoy the benefits of membership. These include strata guideslike working with your strata manager, a member forum, special offers, and a voice to government on issues that matter to you.
Read more about us, including our achievements since 2002
https://ocn.org.au/about-ocn/
Join Now from just $66pa (individuals) or $247.50pa (small schemes) -
https://ocn.org.au/membership/
Your place to: learn network & thrive
Head to the SCA NSW Education Centre to find out more!
nsw.strata.community/edu/
Proxies in Strata – Six Things You Need to Know
Proxies can be a confusing concept, but they are important for everyone living in a strata scheme A proxy is a written authority permitting a person to vote at a general meeting of an owners corporation on an owner’s behalf This ensures that all persons have the opportunity to participate in decision-making processes even if they cannot attend the meeting In a recent SCA NSW webinar, Matthew Jenkins, Bannermans Lawyers, delved into proxies Here are six key things we took away from his session:
1 Proxy Appointments
According to Clause 26 (1) of the Strata Schemes Management Act 2015, a person becomes a duly appointed proxy if they are appointed through an instrument in a form approved by the Secretary. This form must be signed by the person appointing the proxy or executed in a manner permitted by the regulations.
2. Proxy dates
Proxies must contain the date on which they were made. This requirement is not only legislated but also serves the purpose of defining the period of the proxy Proxies are not indefinite; they are only effective from one specified date to another
3 Proxy Expiration
Proxies come with a defined expiration In particular, proxies will:
Expire on the day specified in the proxy
If revoked in writing by the appointing person
If a subsequent proxy is provided to the secretary
After 12 months or two consecutive annual general meetings whichever occurs later unless the proxy specifies a shorter period
4 Proxy Notices
The process of appointing a proxy involves providing the proxy to the secretary of the owners corporation. In larger schemes exceeding 100 lots (excluding utility or parking lots), proxies must be submitted 24 hours before the first meeting. In smaller schemes with 100 lots or less, proxies should be provided at or before the meeting.
5. What can proxies do?
Proxies hold significant powers in the decisionmaking processes of owners corporations. They can attend general meetings (including via electronic means), speak at general meetings, call for polls and vote on various motions (including procedural ones such as motions to adjourn or amend)
6 What about Proxy Farming?
It's important to note that there are restrictions in place to prevent proxy abuse Proxy farming, the practice of accumulating numerous proxies to influence decisions, is curtailed by limits on the total number of proxies an individual can hold
For strata schemes with 20 lots or less, one proxy is allowed For those with more than 20 lots, the number is restricted to not more than 5% of the number of total lots (e g , schemes with 40 to 59 lots are allowed only two proxies).
nsw.strata.community
Articles & Q&As The LookUpStrata Directory The Strata Magazine Webinars & Newsletters
Your source of reliable Strata news and information since 2013 Providing detailed, practical, and easy to understand strata information to all Australians.
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
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
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
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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
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
Seymour Consultants STRATA COMPLIANCE REPORT SPECIALISTS SC LIST MY BUSINESS PRINT YOUR DIRECTORY HERE
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
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
P: 07 3235 0100
W: https://www.holmanwebb.com.au/ E: shane.roberts@holmanwebb.com.au
Royer Mace Lawyers
Your Property is our Priority
P: 0434 388 898
W: https://royermace.com.au/ E: solon@royermace.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
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
Douglas Cheveralls Lawyers
The Go-To Strata Lawyers
P: 08 9380 9288
W: https://www.dclawyers.com.au/
E: office@dclawyers.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
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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
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
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
PROJECT MANAGEMENT
Valen Project Services
Client-Side Project Management Specialists
P: 02 8542 4293
W: https://valenprojects.com.au/ E: enquiries@valenprojects.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
38 www.lookupstrata.com.au
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DEFECT RESTORATION
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
ELECTRICAL
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
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
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
Car Stackers, Car Hoists and Turntables
P: 02 9170 0698
W: https://powerupengineering.com.au/
E: info@powerupeng.com.au
39
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PLUMBING WINDOWS & DOORS
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
WATERPROOFING
Superseal Protective Coatings (SPC)
Waterproofing & Epoxy Specialists
P: 02 9774 1004
W: https://www.spcau.com/ E: info@spcau.com
Danrae Group
Remedial Waterproofing & Building Specialists
P: 1800 326 723
W: https://www.danraegroup.com.au/ E: enquiries@danrae.com.au
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
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
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
Strata Solve
Untangling strata problems
P: 0419 805 898
W: https://stratasolve.com.au/ E: chris@stratasolve.com.au
Insight Resolutions
Reconcile and rebuild through mediation
P: 0413 334 633
W: https://insightresolutions.com.au/ E: vad.mediation@gmail.com
RECRUITMENT SERVICES
sharonbennie – Property Recruitment
Matching top talent with incredible businesses
P: 0413 381 381
W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au
Property Recruitment Partners
Recruitment Solutions Tailored for You
P: 02 8313 5591
E: aaron@propertyrecruitmentpartners.com.au
STRATA LOAN PROFESSIONALS ACCOUNTANTS
Lannock Strata Finance
The Leading Strata Finance Specialist
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
LIFTS & ELEVATORS
Innovative Lift Consulting Pty Ltd
Australia’s Vertical Transportation Consultants
P: 0417 784 245
W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au
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
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
SAFETY & SECURITY
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
Macquarie Locksmiths & Security
Trusted Master Locksmiths since 1981
P: 02 9887 3433
W: https://www.macquarielocksmiths.com.au/ E: sales@macquarielocksmiths.com.au
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ROOFING CLOTHESLINES
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
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
www.lookupstrata.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
CLEANERS
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
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