The NSW Strata Magazine | October 2021

The NSW

STRATA MAGAZINE SEPTEMBER 2021

Dealing With a Burst Flexi-hose Page: 16-17 | Strata Insurance Solutions

How Many Votes Do I Have?

Page: 8-9 | Strata Choice

How Many Hand Sanitiser Stations are Enough?

Page: 22 - 23 | COVID19 Plans

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 thier 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 WA Strata Directory, flip to pages 39 – 43 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 and is currently in her second term on the SCA (WA) Education and Proffessional Development Committee.

More recently Nikki has become known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.

Nikki Jovicic Owner / Director

Liza came on board in early 2020 to bring some structure to LookUpStrata. She has a passion for processes, growth and education. This quickly resulted in the creation of The Strata Magazine released monthly in New South Wales and Queensland, and bi-monthly in Western Australia and Victoria. As of 2021, LookUpStrata now produce 33 state based online magazines a year.

Among other daily tasks, Liza’s 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

2 www.lookupstrata.com.au

Contents 04 Remedial repairs and restoration

20 Roof leaks

Benefits of cost control and project management

Who pays for repairs?

06 Can tradies use the fire stairs 22 Hand sanitiser stations

Access for renovations

How many are enough?

08 How many votes do I have? 24 Informal AGMs

Does my car space affect number of votes?

How Important is the Meeting Process?

10 Construction or remedial works

26 Strata loans

Design Coordination

What if we don’t pay it back?

12 Access to records

28 Voting decisions

Previous Owner’s Approval to Renovate

Can a committee member suggest how to vote?

14 Maintaining common property

in a duplex

30 Lot owner access to strata

information

When the other owner doesn’t want to repaint

Bills, Expenses and Bank Statements

16 Burst flexi-hose

32 Is a ‘no pets’ by-law valid?

Responsibly of the resident?

If not, what do we do?

18 Who’s responsible?

35 WA Directory

Servicing the Grease Trap

Printable strata services directory

Thanks to our sponsors

Remedial repairs, restoration and cost management There are several key areas that have the potential to impact an Owners

Scenario 1 – Cost verification audit

Corporation when it comes to responding to either emergency situations,

A Client experienced damage to their property as a result of water

or it’s need to address building repairs whether it be as a result of an insurance claim or the need to maintain building/s within your Strata Plan.

entering the property following recent floods. Carpet within 5 rooms were impacted requiring water extraction and restoration back to pre-damaged

It can often be challenging when confronting these matters large or small,

condition. The Client engaged the expertise of a restoration expert in this

and knowing what steps are necessary to ensure the most efficient and

area.

economic solution. Strata repairs can be complex, there are many factors

As is all too often the case in these situations a reactive approach and the

to consider ensuring both the symptoms and underlying cause/s are addressed to minimise the chance of reoccurrence or ongoing issues, or in the case of an emergency response mitigate further risk or damage to property or person.

The associated costs of responding to such matters often causes financial

drive to respond to the situation resulted in the Client being charged well above industry standard rates and additional charges including but not limited to the following: • Inflated drying equipment charges

concern to Owners as they try to navigate value vs competitiveness

• Unwarranted project management fees

and achieve desired outcomes. Neither can be measured if you don’t

• Unnecessary storm loading costs

have clarity in what you want to achieve. It is critical to define both your

• Double dipping of holiday loading (it was included within their original

objective and the extent of work required. Be clear in what you expect from your service provider and outline your objective:

hourly rates) An after services audit identified that this was a simple restoration job

• You require repairs to be all inclusive

where when process and best practice were applied to determine the

• You need it to conform to statutory requirements

actual costs associated with repairs. Using industry knowledge of costs

• You need a warranty of Guarantee • Extent & cost are balanced with the benefits.

based on cubic metre rates, appropriate allocation and distribution of equipment, quantification and application of necessary chemicals and materials, and associated labour costs significant savings were achieved.

Sedgwick often come across scenarios where large financial savings can be realised if proper process and due diligence are applied. A small

Original invoice provided =

$21,364.74

investment by an Owners Corporation in taking the extra time to

Fair & reasonable costs incurred =

$5,284.51

understand or obtain guidance about how to deal with these situations

Saving =

$16,080.23

can pay huge dividends and ensure the desired outcome the first time round. Below we share 2 real scenarios of what can result when you understand what’s needed and controls and measures are put in place.

First time complete and defined scope of works • • •

Only 1 quote required Minimise scope creep and variations Empowering owners with information to obtain like for like quotes

Value for money • • •

Pay the right price for works required Professionals to negotiate cost on your behalf $500 excl. GST brings you piece of mind

Peace of mind • •

4 www.lookupstrata.com.au

Application of standards to repair methodology Additional support in obtaining alternative quotes & other specialty service

Scenario 2 – Cost control and project management throughout works

Sedgwick’s strategic and measured response with consideration to

Larger and more complex jobs require a different approach. For these

remove and replace vs restore approach in conjunction with a drying plan

types of situations the engagement of expertise at the front end can ensure a proactive approach is taken to manage and respond to repairs and/or restoration requirements right from the get go. Cost and Scope control measures are put in place and maintained for the duration of the

accompanied by strip out of a component of wall linings saw a controlled, quantified and streamlined approach that resolved the repair and restoration aspects of the job, minimising risk, further damage, delay in hand over and cost savings across the board.

works.

A strata building under construction is going through the fit out stage

Original quote =

$158,025.00

when vandals break into the complex, destroying property and turning

Comparison quote =

$57,084.00

on the fire hydrants in common areas causing water damage to both

Saving =

$100,941.00

building and contents (including floor coverings). Sedgwick were engaged to review an initial quote and proposed scope of works for the remedial repairs and restoration. It was identified that the Scope of Works was lacking in detail and there was minimal forensic information provided to substantiate the proposed works.

Following Sedgwick’s attendance to site, the engagement of a preferred panel supplier was provided with a defined scope covering all elements of restoration from labour costs, to equipment requirements and placement.

The initial restoration only allowed for the installation of 181 x air movers, 62 dehumidifiers and 4 x Axial fans over an undefined period of time. The review was able to identify that the available power load at the site would not support this approach and raised concerns around secondary damage

When it comes to remedial repairs all too often Owners lack the technical knowledge to understand what is value for money and often will accept the quote put in front of them, this does not always translate the best value for money. As the old adage goes ‘you get what you pay for’. It is important to remember PRICE is what you pay, VALUE is what you get.

Engaging an expert to help guide you through this process is highly recommended. They will assist in understanding the issue/s, what needs to be done in each individual situation and facilitate/manage on your behalf the many stakeholders involved to ensure you achieve the desired outcomes the first-time round, saving both time and cost.

Having a designated plan of attack is paramount when it comes to

(possibility of mould growth).

implementing a program of remedial or restoration works.

Sedgwick Building Consultancy & Repair Solution Services

Building consultancy

Repair solutions

• Defect reports & forensic engineering

• Emergency make safe

• Scope of works

• Fire water damage restoration

• Dilapidation & risk surveys

• Leak detection

• Dispute mediation and expert witness

• Contamination response

• Contractor procurement and cost validation

• Building repairs

• Construction management

• Cost validation services

1300 735 720 sales@au.sedgwick.com

1300 654 599 sales@au.sedgwick.com 5

Can Reno Tradespersons Use the Fire Stairs Can a lot owner use the fire stairs and fire isolation area for access to their terrace when carrying out renovation works? This includes access by tradespeople and the removal of building rubble.

As long as the fire stair is not obstructed and the fire doors are not chocked open.

6 www.lookupstrata.com.au

As long as the fire stair is not obstructed and the fire doors remain closed (not chocked open) when not transiting through them, I don’t see any issue from a fire safety perspective.

I think the person who should be asked is the strata manager and conditions placed on the fire stair’s use and terms put in place if there is any damage & clean-up required.

This advice is on the assumption that construction work is permitted under legislation and the public health orders in-place at the time.

7

How Many Votes Do I Have?

I have a car space and a home unit and I pay separate levies for each. Does this give me two votes at meetings when voting on motions?

I have a car space and a home unit for which I pay two sets of levies. They are classified as separate lots. I am under the impression these two lots allow me two votes at meetings when voting on motions.

it is correct that you will have one vote per lot that you own (even if that lot is a utility lot such as a car space or storage space), as Schedule 1, clause 14(1) of the Strata Schemes Management Act 2015 (NSW) (‘the Act’) confirms that “A motion put to a meeting … is to be decided according to a majority in number of the votes cast for and against the motion with each person having one vote for each lot in respect of which the person is entitled to vote”.

Our strata committee consists of six lot owners.

Three lot owners have car spaces and three do not. The car space owners want to paint the car spaces after 10 years of neglect. The other three members of the owners corporation committee refuse. We do not have an over 50% majority. If the three of us with car spaces were allowed two votes each, we would have over 50% vote. Is this the case?

However, when it comes to a strata committee meeting (one where only strata committee members are allowed to vote), each member only has one vote regardless of how many lots they own, as Schedule 2, clause 9(1) of the Act confirms “A motion put to a meeting is to be decided according to a majority of the number of the votes cast for and against the motion by the members present”.

In a general meeting you will have one vote per lot that you own, even if that lot is a utility lot such as a car space or storage space.

If the motion cannot be passed by a majority of the strata committee members, you may have better luck putting the motion to a general meeting where you may get a different outcome due to the extra votes.

In the setting of a general meeting (one where all owners are invited to attend and vote), READ MORE ON THIS TOPIC HERE

8 www.lookupstrata.com.au

Tim Sara | Strata Choice tsara@stratachoice.com.au

9

CLIENT-SIDE CONSULTANCY & PROJECT MANAGEMENT

MICHAEL HOPWOOD m.hopwood@valenprojects.com.au

DOMINIC DODWELL d.dodwell@valenprojects.com.au

0402 940 356

0488 666 682

www.valenprojects.com.au

10 www.lookupstrata.com.au

Design Coordination of Construction or Remedial works on your Strata Property D E S I G N A N D B U I L D I N G P R AC T I T I O N E R S AC T 20 20 E F F E C T I V E D AT E : 1 ST J U LY 20 21

How could these changes affect your upcoming project?

For any future project within a Class 2 Residential Apartment Building, you must undertake a comprehensive review of the expected scope of works to determine if the design and certification will come under the Design & Building Practitioner's Act 2020 (DBP Act).

Valen Project Services are specialists in the assessment of project design requirements and are adept in maximising time and cost savings throughout the process of the newly introduced legislation and can provide assurance to Owners Corporations navigating the new scheme.

In accordance with the recently introduced DBP Act, your project may require fully detailed and coordinated design documentation (notwithstanding architectural, interior, structural, mechanical, hydraulic, electrical, vertical transport) to be prepared by Registered Design Practitioners for Class 2 Residential Apartment Buildings.

NSW GOVERNMENT INFORMATION

Under these changes Registered Designs and Compliance Declarations will be a mandatory requirement of NSW Fair Trading and will need to be lodged prior to works commencing.

What do you need to do next?

Should you require a consultant to undertake the assessment and any ongoing Design Coordination in accordance with the DBP Act requirements, Valen Project Services have a track record for providing successful project outcomes for our clients while ensuring any future works are undertaken in compliance with NSW Legislation and Guidelines.

LEARN MORE ON OUR WEBSITE

Tracking Down Previous Owner's Approval to Renovate Before approving our bathroom renovations, our current strata manager is demanding to see the records from 2009 renovations done by a previous lot owner. I’m not even sure who the strata manager was at that time.

What can I do?

We are wanting to do some bathroom renovations to our unit. A previous owner renovated in 2009. The current Strata Manager and Owners Corporation are aware that approval was given by the previous Strata Manager but are demanding the records showing approval to renovate.

I can’t find out who the Strata Managing agent was for that time period, and I’m not sure how else I could find these records.

There is a risk that records from 2009 may have been archived or destroyed.

The main problem you may face is that strata records must be kept for 7 years, so there is a risk that records from 2009 may have been archived or destroyed by now. I assume that the owners corporation are asking for proof that the previous bathroom renovations were approved in 2009.

If they are aware that a previous strata manager advised approval was given, they must know who that Strata Manager was. You are entitled, as an owner, to get access to the owners corporation records for your building. Those records may include the advice from the previous manager, or may include the records from that manager, going back to the time of the 2009 renovations.

You should arrange a search of these records. If you are not confident about searching the records yourself, you can request a property inspection business, like ours, to carry out the search on your behalf.

Please don’t hesitate to contact us to discuss this issue further before taking any action. We are happy to assist, even if you don’t engage us to carry out a records inspection for you.

READ MORE ON THIS TOPIC HERE 12 www.lookupstrata.com.au

Michael Ferrier | Eyeon Property Inspections michael.ferrier@eyeon.com.au

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13

The OC MUST Maintain

Common Property

We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other lot do not want to pay for the property to be repainted.

We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other lot do not want to pay to have the property repainted. We have offered to bear the cost of repainting both lots ourselves, but they declined.

I am told by our strata manager that we can paint our lot but cannot change the colour. If we obtained agreement from the other lot owner (if needed) can we change the colour providing it is sympathetic eg from pale pink to pale grey?

You are within your rights to make an application to NCAT that the Owners Corporation complies with its statutory duties ie repaint the exterior of the building An Owners Corporation is responsible for the repair & maintenance of the common property including external painting. You are within your rights to make an application to NCAT that the Owners Corporation complies with its statutory duties ie re-paint the exterior of the building (though you would have to go through the mediation process first).

Leanne Habib | Premium Strata info@premiumstrata.com.au

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READ MORE ON THIS TOPIC HERE

As you are carrying out “works” to the common property, you would need a by-law (to be passed by special resolution) additionally, because, arguably you would be changing the external appearance of the lot (and the proposed colour would not “be in keeping with the appearance of the building”). So, if the other lot owner agreed by way of approving a by-law, the colour change would be acceptable (subject to any Council approvals/restrictions which may apply to the colour).

15

Dealing With a Burst Flexi-hose Our strata manager has notified residents that any damage caused by flexi-hoses bursting is the responsibility of the resident.

What insurance do residents need to ensure they are covered?

Our strata manager has notified residents that any case of flexi-hoses bursting is the responsibility of the resident and not strata in terms of damage caused to their and/or other apartments.

What insurance do residents need to ensure damage inadvertently caused by them is covered? Does water damage to carpets / flooring / gyprock fall under buildings or contents insurance?

In the case of flexi-hoses, the insurer will not cover costs associated with finding and fixing the burst hose, but water damage to the building can be considered.

Generally, strata insurance will cover damage to property insured by the policy, including water damage.

The basic principle is that if you pick the unit up and shake it anything that falls out is lot owners contents + temporary floorings such as carpet, blinds & curtains, appliances that are not permanently attached and paint & wallpaper (NSW) – these items are not covered by strata insurance and should be referred to the contents insurer to make a claim.

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Strata insurers will cover the cost to repair water damage to insured property but generally exclude repairs cost related to finding and fixing the leak, as it is generally considered the owners responsibility to maintain their property and such repairs relate to general maintenance or wear and tear. The insurer has exclusions such as lack of maintenance, rust, oxidation, wear & tear, corrosion, gradual deterioration, developing flaws, building defects etc.

In the case of flexi-hoses the insurer will not cover costs associated with finding and fixing the burst hose (this will be the lot owners responsibility), but water damage to the building (insured property) can be considered.

excesses associated with claims that originate from their unit.

It is not possible to insure property insured by strata insurance on any other policy – the strata policy should respond to damage to building/ insured property. The only other insurance that can be considered is liability cover under a contents or landlords policy which covers legal claims against lot owners for damage to property they do not own (for example the apartment below you).

READ MORE ON THIS TOPIC HERE

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

Notwithstanding, insurers may apply an exclusion to flexi-hose claims if there has been a series of such claims. If there is an exclusion applicable to burst flexi-hoses in the policy, lot owners may be responsible for damage associated with the burst flexi-hose.

The owner may also be responsible for any

17

Who Services the Grease Trap?

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Is it the responsibility of the owners corporation to service and maintain the grease trap?

I work at an apartment complex and the grease trap is located on common property on P2 carpark level. The grease trap is located in a room behind the carwash bay. Is it the responsibility of the owners corporation to service and maintain the grease trap?

Refer back to the SMS and check the schedules In short, in our experience of similar circumstances – yes.

It sounds like you have entered into a mixeduse strata complex. If so, it’s highly likely that this forms part of the “Shared Facilities” within the Strata Management Statement (“SMS”) and will have a small contribution from all Building Management Committee (“BMC”) members which the Strata Plan and Retail make up.

The SMS will have a schedule of all the items/ assets the BMC contributes to, including the various “onsite grease traps and tanks”. I would refer back to the SMS and check the schedules. In our experience, with a BMC type of set-up, the contribution from the Strata Plan for that particular asset is minimal. It can range anywhere between (3-10%) with the main contribution coming from the retails lots.

Even without a BMC, the “trade waste plumbing system” forms part of the overall hydraulic design that all lot owners contribute.

However, you can still seek advice from a hydraulic consultant if there has been an overuse or abuse of the grease trap. In some instances, it would be worth checking if the grease trap services the car wash bay.

Depending on when the complex was built, all carwash bays must have a separate grease arrestor to the grease trap. However, this development could have a particular case that warrants further investigation.

READ MORE

ON THIS TOPIC HERE

Dino Biordi | LUNA dino@luna.management

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www.luna.management 1800 005 862

19

Roof Leaks

Who pays for repair of the damage?

A roof leak and has caused water damage to some ceiling and walls. What repairs are the owners corporation responsible for?

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My roof has a leak and now there is water damage to the ceiling and walls of the toilet.

There is extensive mould on the ceiling and watermarks and mould on the walls. What repairs are the owners corporation responsible for? Apart from the roof leaks do they have to repaint the ceiling and walls or am I responsible for the cosmetic repairs?

Some items are the responsibility of the Owners Corporation and some, the individual owners’ responsibility.

There are some matters raised by this question that are the responsibility of the Owners Corporation and some matters that relate to the individual owners’ responsibility. The roof is likely to be the responsibility of the Owners Corporation pursuant to section 106 of the Strata Schemes Management Act 2015.

You mention that there is water damage to the ceiling and walls of the toilet. This is also likely to be the responsibility of the Owners Corporation. Internal painting of walls are not common property are the responsibility of the lot owner.

READ MORE ON THIS TOPIC HERE

Pierrette Khoury | Khoury Lawyers pierrette@khourylawyers.com.au

21

Should the OC install hand sanitiser stations in common property areas?

Is the Owners Corporation regulated to install hand sanitiser stations in common property areas?

Our strata manager just asked the Owners Corporation whether we want to install hand sanitisers.

I’m curious if future regulations will require this or whether it’s just a precaution.

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The question is, is it the right thing to do? Will that keep your family safe? Will that keep you safe?

The question is, is it the right thing to do?

Will that keep your family safe? Will that keep you safe? Don’t think “Is it a regulation? You show me what section and what act and then I might think about it.” When you’re ill, you might think, ‘Well, maybe we should have made the decision back then to put a hand sanitiser station in place.’

Other things we should be looking at in decision making: Ask yourself in three to five years time when we’re having this chat, “what would have been the right decision to make back then?” In this circumstance, you may be putting yourself weeks in front or a few months in front. If we’re looking at this decision in December, and we look back, would you have been better back in August or September to put these measures in place? That’s the important question.

READ MORE ON THIS TOPIC HERE

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23

How Important is the Meeting Process?

For our AGM, we are changing to an Informal Meeting with no agenda provided, no minute taking and no call for submissions. Are these processes in line with the legislation?

Since the last AGM in September, our Secretary has not called General Meeting although a good deal of subjects have arisen.

Re our next AGM, our Secretary/Treasurer has followed a procedure of what he calls An Informal Meeting. They will bring forward spreadsheets regarding Finances etc. whilst

Robert Fothergill | Strata Life Robert@thestratalife.com.au

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READ MORE ON THIS TOPIC HERE

we make decisions at the meeting. The Strata Manager’s view is that we don’t need to take Minutes / Record Decisions.

I have been on other Owners Corporations as both an Owner of an Investment Apartment & a Company Board who hold an asset via an Apartment Block. I don’t agree with this stance, of note: 1. Providing an Agenda in Advance of the 2. Calling for Input / Recommendations 3. Not recording Decisions made 4. N ot finding it appropriate to provide Minutes.

The Act and Regulations have some specific requirements in regards to meetings of the Owners Corporation.

If the required processes under Strata Legislation for the holding of meetings are not followed there is the potential for all decisions being open to challenge and an Order invalidating these decisions if the provisions in the Act or regulations are not complied with.

The Strata Schemes Management Act 2015 and Strata Schemes Management Regulations 2016 have some specific requirements in regards to meetings of the Owners Corporation.

The Strata Schemes Management Act 2015 Section 18 specifies that the Annual General Meeting must be held once in each financial year, there is no requirement to hold additional meetings but the Secretary can convene a general meeting at any time and must call for

a meeting if a ‘qualified request’ is received from at least one-quarter of the owners (via the aggregate of unit entitlement) as per Section 19 of the Strata Schemes Management Act 2015. So there are mechanisms under the Act for a meeting to be called if individuals feel that the correct processes are not taking place.

Sections 24 & 25 of the Strata Schemes Management Act 2015 specifically allow for Tribunal to invalidate resolutions and nullify these decisions.

Schedule 1 of the Strata Schemes Management Act 2015 has numerous sections that specify how a meeting must be called, what motions must be included on the agenda and that minutes must be prepared. Anyone who is holding Annual General Meetings and other meetings of the Owners Corporation and Strata Committee needs to be across their requirements and obligations by familiarising themselves with these section of the Act.

25

Strata Loans

What if we don't pay it back?

Can we be forced into a strata loan by our strata managing agent when we have no way of paying it back? What happens if we don’t pay anything back?

Strata Managers don’t have the legislative power to force the owners into a strata loan.

I’m not sure why the strata manager is voting on such a matter. I presume that they may have proxies, but in which case, they’re only entitled to have one. I’m not really sure why the strata manager would be forcing anyone into a strata loan. Maybe you feel forced?

So first of all, Strata Managers don’t have the legislative power to force the owners to 26 www.lookupstrata.com.au

vote in a strata to put in a strata loan for you.

Section 106 states that the owners cooperation must maintain common property. Maybe the Strata Manager is referring to the need to maintain common property.

In terms of what would happen if you had a strata loan and it wasn’t being paid, as I understand it, strata loans are effectively loans secured against the cash flow, so they’re unsecured, however, they probably have rights to recover from the strata scheme. I’m not sure if all owners are bound personally, however, I think that the next step if a strata loan wasn’t repaid, would be a compulsory order from

the NCAT. The first thing that the new strata manager under compulsory appointment would do would be to raise a special levy on the owners. I think you would have to pay it back in any case, if that makes sense.

READ MORE ON THIS TOPIC HERE

Rod Smith | The Strata Collective rsmith@thestratacollective.com.au

27

Can a Committee Member Suggest How to Vote?

Our caretaker who runs an accommodation business sits on the committee. They send a ‘how to vote’ sheet with suggestions for resolutions on AGM or ordinary meeting agendas. an we stop this?

I am a lot owner of a complex for tourist accommodation. We have a caretaker contract with the same company that runs an onsite accommodation business. This person, who is correctly entitled to be on the Owners Corporation Committee, habitually sends a ‘how to vote’ sheet for resolutions on AGM or ordinary meeting agendas. There are short comments on each motion that may be

28 www.lookupstrata.com.au

construed as advice from the OC committee but often seem personal opinion. Occasionally, the correspondence has the name of the treasurer added. Owners can simply tick the recommended boxes and return them.

Is this undue influence/bias on the voting outcome? Results certainly seem to indicate that it is.

How can it be stopped?

There is nothing in the Act that prevents a person distributing a how to vote card on motions at a general meeting.

Notions of undue influence or bias do not apply to voting at a general meeting of an owners corporation. This is because owners of lots do not owe any duties when they cast their vote at a general meeting and can vote in their own self-interest.

There is nothing in the Strata Schemes Management Act 2015 that prevents a person distributing a how to vote card on motions at a general meeting. However, the general law applies so that any how to vote card should not be defamatory, contain misrepresentation or be misleading and deceptive.

If the caretaker’s how to vote sheet purports to be given on behalf of the strata committee or the treasurer when this is not correct, then the caretaker may be engaging in defamation, misrepresentation or misleading and deceptive conduct, and legal advice should be sought especially if that results in the motions passing that benefit the caretaker or the election of the caretaker to the strata committee.

It is not clear how an owner can vote at a general meeting simply by ticking boxes on the caretaker’s how to vote sheet and returning it.

An owner can either appoint a proxy or vote by pre-meeting voting methods. If the owner gives a proxy, then they can indicate on the proxy form how the proxy is to vote. If the owner fills in the pre-meeting voting form, then that is how the owner is voting. If the how to vote sheet is a proxy form or a pre-meeting voting form filled in with votes, it is still up to the owner to decide whether to accept that, sign it and return the form.

Ultimately, if a majority of owners voting agree with the caretaker and no legal wrong is committed in the process, then the only option for owners who do not agree with the result is to campaign to convince enough owners to form a majority with them that is not aligned with the caretaker.

READ MORE ON THIS TOPIC HERE

Carlo fini | Lewis & Charles Lawyers carlofini@lewischarles.com.au

29

Accessing Bills, Expenses and Bank Statements I am an apartment owner in a large strata scheme of more than 100 lots. As a committee member and individual owner, can I access all bills and expense statements plus incoming money (Trust Account) statements anytime?

Strata managers generally maintain a portal via their strata software which allows access to this information at any time.

There’s no different provisions for large strata schemes (more than 100 lots) than there is for other strata schemes when it come to records and financial statements.

As an owner within a strata scheme, the requested documents relating to income and expenditure for your strata scheme are available via a search of the owners corporation records arranged with the owners corporation (generally via the strata manager).

Andrew Terrell | Bright & Duggan andrew.terrell@bright-duggan.com.au

30 www.lookupstrata.com.au

READ MORE ON THIS TOPIC HERE

It is generally the case that strata managers will issue committee member’s financial statements monthly or on request. There may or may not be a charge for this under the agreement.

Strata managers also generally maintain a portal via their strata software which allows access to this information at any time.

See below sections of the Act which are relevant.

STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 182 – search of books and records STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 93 – financial statement requirements

31

Is A 'No Pets' By-Law Valid?

If not, what do we do?

We have a bylaw that does not permit pets, with the exception of assistance animals. Is this bylaw acceptable? If not, what do we do?

You should replace that bylaw with an appropriately worded bylaw.

The answer to that question is crystal clear, No. A bylaw, which bans pets except assistance animals is not acceptable. It’s not enforceable.

It’s not worth the paper it’s printed on.

You should replace that bylaw with an appropriately worded bylaw that places restrictions on the right of owners and tenants to keep pets in your building and contains reasonable conditions that regulate the keeping of pets in the building.

32 www.lookupstrata.com.au

READ MORE ON THIS TOPIC HERE

Adrian Mueller | JS Mueller & Co Lawyers adrianmueller@muellers.com.au

33

Your source of reliable Strata news and information since 2013 Providing detailed, practical, and easy to understand strata information to all Australians.

Articles & Q&As The Strata Magazine Webinars & Newsletters The LookUpStrata Directory

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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

EDUCATION & TRAINING LookUpStrata

Australia’s Strata Title Information Site W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au

Your Strata Property

Demystifying the legal complexities of apartment living

W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au

Strata Community Association P: 02 9492 8200 W: https://www.strata.community/ E: admin@stratacommunity.org.au

SOFTWARE Taskflo

Workflow and Compliance Management Software P: 1300 850 837 W: https://www.taskflo.com.au/ E: Info@taskflo.com.au

Mimor

Connecting People – Creating Communities P: 0414 228 644 W: https://www.mimor.com.au/ E: info@mimor.com.au

Stratabox

Customer Service Software for Strata P: 1300 651 506 W: https://stratabox.com.au/ E: contact@stratabox.com.au

ResVu PTY LTD

Building Confidence P: 08 7477 8991 W: https://resvu.com.au/ E: enquiries@resvu.com.au

StrataMax

Streamlining strata P: 1800 656 368 W: https://www.stratamax.com/ E: info@stratamax.com

MYBOS

Building Management - Residential & FM Schemes P: 1300 912 386 W: https://www.mybos.com.au/ E: sam@mybos.com.au

Strata Vault

Securely share documents with third parties P: 1300 0 VAULT (82858) W: https://www.stratavaults.com/ E: julie@thestratavault.com

ACCOUNTANTS Tinworth & Co

Chartered Accountant & Strata Auditors P: 0499 025 069 W: https://www.tinworthaccountants.com.au/ E: caren.chen@tinworth.com

BUILDING ENGINEERS & INSPECTORS QIA Group

Comapliance Made Easy P: 1300 309 201 W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au

Budget Vals

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

Solutions in Engineering

Quality Reports On Time, Every Time!

P: 1300 136 036 W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com

Gallagher Jeffs

Move Forward with Confidence P: 03 8610 3888 W: https://www.gallagherjeffs.com.au/ E: communication@gj.com.au

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Auric Projects

Core Project Consulting

Sedgwick

Seymour Consultants

Leary & Partners

Forte Asset Services

Mabi Services

Independent Inspections

Managing clients’ property projects professionally P: 02 9918 2200 W: https://auricprojects.com.au/ E: info@auricprojects.com.au Building Consultancy Division & Repair Solutions W: https://www.sedgwick.com/solutions/global/au E: info@au.sedgwick.com

Quantity surveying services since 1977 P: 1800 808 991 W: https://www.leary.com.au/ E: enquiries@leary.com.au Valuations, Maintenance Plans, Asbestos P: 1300 762 295 W: https://www.mabi.com.au/ E: info@mabi.com.au

HFM Asset Management Pty Ltd Building Efficiency P: 1300 021 420 W: https://www.hfmassets.com.au/ E: info@hfmassets.com.au

Quality Building Management

keeping your buildings legally compliant and safe P: 1300 880 466 W: https://qbm.com.au/ E: qbm@qbm.com.au

Voltin

10,000 safer cities P: 1800865846 W: https://www.voltin.com.au/ E: accounts@voltin.com.au

Roscon

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

36 www.lookupstrata.com.au

Independent Expertise. We’ve got you covered!

P: 02 8961 3250 W: https://core.engineering/ E: admin@core.engineering

Body Corporate Report Specialists W: https://www.seymourconsultants.com.au/ E: info@seymourconsultants.com.au

Operational Excellence in Every Building P: 1300 920 752 W: https://www.forteassetservices.com.au/ E: info@forteas.com.au Sinking Fund Forecast, Insurance Valuations, OHS P: 1300 857 149 W: http://www.iigi.com.au/ E: admin@iigi.com.au

FACILITY MANAGEMENT LUNA

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

Malyon Facilities Management Pty Ltd

Commercial growth & sustainability in facilities P: 0414 786 982 W: https://www.malyon.com.au/ E: rob@malyon.com.au

Noble Management Group

We offer premium services in Facilities Management

P: 1300 242 083 W: https://www.noblemg.com.au/ E: grepice@noblemg.com.au

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INSURANCE Strata Insurance Solutions

Online strata insurance quotes 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

QUS Pty Ltd

Strata Insurance Underwriting Agency P: 1300 814 011 W: https://www.qus.com.au/ E: qus@qus.com.au

CHU Underwriting Agencies Pty Ltd

Specialist Strata Insurance Underwriting Agency P: 1800 022 444 W: https://www.chu.com.au/ E: info_nsw@chu.com.au

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

STRATA LAWYERS Bugden Allen Graham Lawyers

Specialising in property development & strata law P: 02 9199 1055 W: http://www.bagl.com.au/ E: info@bagl.com.au

JS Mueller & Co Lawyers

Specialist ‘Plain English’ NSW Strata Lawyers P: 02 9562 1266 W: https://www.muellers.com.au/ E: enquiries@muellers.com.au

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Kerin Benson Lawyers Pty Ltd

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

Bannermans Lawyers

High Quality Specialist Legal Services P: 02 9929 0226 W: https://www.bannermans.com.au/ E: enquiries@bannermans.com.au

Lewis & Charles Lawyers

Law shouldn’t be hard, so we’ve made law easy P: 02 9159 9053 W: https://www.lewischarles.com.au/ E: carlofini@lewischarles.com.au

Grace Lawyers

Know. Act. Resolve.

P: 02 9284 2700 W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au

Speirs Ryan

Client focused, boutique property law firm P: 02 9248 3400 W: https://www.speirsryan.com.au/ E: ssaw@speirsryan.com.au

Watson & Watson Lawyers

“when experience matters”…..

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

RC & CO Lawyers

Effective, resource, clear.

P: 1300 072 626 W: https://www.rccolawyers.com/ E: assistant@rccolawyers.com

STRATA LOAN PROFESSIONALS StrataLoans

The Experts in Strata Finance P: 1300 785 045 W: https://www.strata-loans.com/ E: info@strata-loans.com

Lannock Strata Finance

The Leading Strata Finance Specialist P: 1300 851 585 W: https://lannock.com.au/ E: strata@lannock.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

Strata Central

Boutique Strata Management Services W: https://stratacentral.com.au/ E: enquiries@stratacentral.com.au

STRATA REPORTS

Vital Strata

EYEON Property Inspections

Strata Made Simple P: 02 9008 1112 W: https://www.vitalstrata.com.au/ E: hello@vitalstrata.com.au

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

Bright & Duggan

BIV Reports

Strata Professionals P: 02 9902 7100 W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au

Specialist in Strata Compliance Reports P: 1300 107 280 W: https://www.biv.com.au/ E: biv@biv.com.au

Sky Living Strata

Covid19 Plans

Providing a superior customer experience P: 02 9299 1100 W: https://www.skylivingstrata.com.au/ E: enquiries@skylivingstrata.com.au

Stone Real Estate

We provide a unique level of service P: 02 4345 0490 W: https://helenhughesproperty.com.au/ E: helen@helenhughesproperty.com.au

Civium Communities

When you build trust, you build a community P: 1300 724 256 W: https://civium.com.au/ E: clientservices@civium.com.au

Norwest Strata Management

Efficient & Effective Strata Management Solutions P: 02 9086 9123 W: https://www.norweststrata.com.au/ E: mail@norweststrata.com.au

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

38 www.lookupstrata.com.au

Covid19 Safety Plans for Strata P: 1300 828 344 W: https://covid19plans.com.au/ E: plans@covidplans.com.au

CLEANING Strata Shop Online

Cleaning supplies, software and signs P: 0468 455 390 W: https://www.stratashoponline.com.au/ E: tony.s@acebodycorp.com.au

Pacific Facility Services

Strata Property Cleaning & Ground Maintenance Services

P: 1300 378 388 W: http://www.pacificfs.com.au/ E: a.smith@pacificfs.com.au

Ai Odour Control Systems

Actualise your facilities’ potential P: 1300 728 760 W: https://www.aiodourcontrolsystems.com.au/ E: info@aiodourcontrolsystems.com.au

OZ Bin Cleaning

The Bin Cleaning & Hygiene Professionals P: 1300 651 165 W: https://www.ozbincleaning.com.au/ E: penny@ozbincleaning.com.au

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CLOTHESLINES Lifestyle Clotheslines

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

DEFECT RESTORATION TD Equipment and Trade Hire

Maintenance Roofing and Cleaning Services P: 0403 032 229 E: tamika@tdequipmenthire.com

Klaar

The Strata Building Specialists P: 02 8003 4547 W: https://klaar.com.au/ E: build@klaar.com.au

Johns Lyng Group

24/7 Response P: 1300 736 000 W: https://www.johnslyng.com.au/ E: strata@johnslyng.com.au

ELECTRICAL Altogether Group

Power.Water.Data P: 1300 803 803 W: https://altogethergroup.com.au/ E: eaustin@altogethergroup.com.au

Energy On Pty Ltd

Providing utility network solutions P: 1300 323 263 W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au

ENM Solutions

Providing Solutions for Embedded Networks P: 03 9836 6366 W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au

FIRE SERVICES 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: https://www.firesafetyconstructions.com.au/ E: info@firesafetyconstructions.com.au

Linkfire Pty Ltd

Your Essential Safety Partner P: 1300 669 439 W: http://www.linkfire.com.au/ E: sales@linkfire.com.au

Betta Fire Protection

Compliance you can trust P: 02 8669 9108 W: https://bettafireprotection.com.au/ E: info@bettafireprotection.com.au

PAINTING 3 Colours Painting Services P: 1300 883 635 W: https://3colours.com.au/ E: 3colours@3colours.com.au

Higgins Coatings Pty Ltd

Specialist painters in the strata industry P: 1300 HIGGINS W: https://www.higgins.com.au/ E: info@higgins.com.au

Dulux Property Services

Total Building Maintenance & Remedial Solutions P: 0434 834 799 W: https://www.duluxconstructionsolutions.com.au/ E: propertyservice@dulux.com.au

McIntosh Electrical Pty Ltd

Powered by Trust P: 1300 627 727 W: https://www.mcintoshelectrical.com.au/ E: jenny@mcintoshelectrical.com.au

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PLUMBING Sydney Central Pumps

Fixing Pump Problems within for 20+ years P: 1300 558 059 W: https://www.scpumps.com.au/ E: service@scpumps.com.au

Windowline Pty Ltd

Australia’s strata replacement window & door specialists

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

The Window Guy

Stormwater Sydney

Inspection, Repair and Maintenance of drainage assets

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

SAFETY & SECURITY QUATRIX PTY LTD

Intercoms, Access Control, CCTV, Data Installation P: 1300 659 939 W: https://www.quatrix.com.au/ E: info@quatrix.com.au

Lock, Stock & Barrel Locksmiths Pty Ltd No matter what time of the day, we’re here P: 0411 700 072 W: https://www.lsblocksmiths.com.au/ E: info@lsblocksmiths.com.au

WATERPROOFING Superseal Protective Coatings (SPC) Waterproofing & Epoxy Specialists P: 02 9774 1004 W: https://www.spcau.com/ E: info@spcau.com

Window Hardware Maintenance P: 1300 663 664 W: https://www.thewindowguy.com.au/ E: info@thewindowguy.com.au

Select Window Installations

Windows & door replacement specialists P: 02 9938 1500 W: https://www.selectwindows.com.au/ E: sales@selectwindows.com.au

SUSTAINABILITY & ENERGY Humenergy

People, innovation and value sharing P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au

LIFTS & ELEVATORS Equity Elevator Consultants

Saving our clients time and money P: 1300 080 816 W: https://www.liftsconsultant.com/ E: enquiry@equityelevator.com.au

Innovative Lift Consulting Pty Ltd

Danrae Group

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

The Superseal Group

Trusted Experts in all aspects of Waterproofing P: 07 5519 4916 W: https://supersealgroup.com/ E: admin@supersealgroup.com

40 www.lookupstrata.com.au

WINDOWS & DOORS

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

FRANCHISERS Network Pacific Strata Franchise

Join our successful team P: 03 9999 5488 W: www.networkpacificstratafranchise.com.au/ E: networkpacific@franchisedevelopments.com.au

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DELIVERY & COLLECTION SERVICES Groundfloor™

Australian parcel, mail, and refrigerated lockers P: 0399824462 W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com

PROJECT MANAGEMENT Valen Project Services

Client-Side Project Management Specialists P: 02 8542 4293 W: https://valenprojects.com.au/ E: enquiries@valenprojects.com.au

FINANCE Strata Guardian

Fight low returns and rising levies with us.

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

PROPERTY 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

Would you like your Strata Story featured in the next edition of The NSW Strata Magazine?

We want to share your strata stories with the LookUpStrata community.

Some examples of what you may wish to share: • A project you have implemented in your complex that has made a positive impact (e.g a process, community building activities, parking procedure, ect) • Do you have a funny story to share about strata living?

• Have you received a response back from one of the LookUpStrata professionals that has positively impacted you or your complex?

• Have you made a change to improve sustainability?

If you would like to share your strata scheme story with the LookUpStrata community, Please send your story and photos to: administration@lookupstrata.com.au Disclaimer: If you send your strata story to

administration@lookupstrata.com.au,

you are agreeing to have your story published on the LookUpStrata platform or via social media.

We must have written permission from each individual shown in the photo. Submissions may be refused for any reason.

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