The QLD
STRATA MAGAZINE FEBRUARY 2024
Clear communication is the best option when explaining levy calculation errors Page 4 | Tower Body Corporate
Can an owner trickle feed their EV in their garage Page 12 | Altogether Group
Accommodation costs when the owner vacates for warranty repairs Page 22 | Mahoneys
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.
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Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013. With a background in Information Management, LookUpStrata has helped Nikki realise her mission of providing detailed, practical, and easy to understand strata information to all Australians. Nikki shares her time between three companies, including Tower Body Corporate, a body corporate company in SEQ. Nikki is also known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.
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Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au Disclaimer: The information contained in this magazine, including the response to submitted questions, is not legal advice and should not be relied upon as legal advice. You should seek independent advice before acting on the information contained in this magazine. 2 www.lookupstrata.com.au
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Contents 4 Clear communication is the best option when explaining levy calculation errors William Marquand, Tower Body Corporate
6 Common area lighting causing nuisance to lot owners Chris Irons, Strata Solve
8 Common property trees and lot plumbing - who pays? William Marquand, Tower Body Corporate
10 Who instructs subsidiary scheme representatives on how to vote on motions at PBC meetings? Todd Garsden, Mahoneys
12 Can an owner trickle feed their EV in their garage Altogether Group
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20 Can owners defend their position when they receive a Form 11 notice? Chris Irons, Strata Solve
22 Accommodation costs when the owner vacates for warranty repairs Todd Garsden, Mahoneys
24 How long can a visitor park in visitor parking? Chris Irons, Strata Solve
26 How can owners be sure the committee provides a true report for the insurance renewal? Zac Gleeson, GQS
28 Safety considerations when approving owner renovation applications William Marquand, Tower Body Corporate
Alarm raised over battery fires Frank Higginson, Hynes Legal
16 Managing risk on common property Tyrone Shandiman, Strata Insurance Solutions
18 Developer’s actions and caretaker appointment during the inaugural AGM
30 If I am on a payment plan for a special levy, can I still vote? Frank Higginson, Hynes Legal
32 The QLD LookUpStrata Directory
Todd Garsden, Mahoneys
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Clear communication is the best option when explaining levy calculation errors
Our third quarter levy notice revealed a discrepancy between the AGM approved levy amounts and the calculations in the lot budget summary. The committee voted to issue updated AGM minutes to show the change. Is this reasonable? When the body corporate levies notice for the third quarter of the financial year was issued, it became apparent there was an error involving the GST component of the calculations for quarterly payments displayed in the AGM agenda. The quarterly levy amounts approved by the body corporate at the AGM did not agree with the calculations in the lot budget summary. The committee voted to issue updated AGM minutes with amendments to the approved quarterly amounts. Is this a compliant solution, or should approval of the amendments to the quarterly levy amounts be decided by the body corporate at an EGM?
It sounds like you have thought through the options and arrived at a fair and manageable solution for owners. With the caveat that we don’t have all the details, this approach sounds reasonable. Sometimes, there are problems with a meeting notice or the minutes, and issuing amended minutes to rectify that is standard practice. 4 www.lookupstrata.com.au
Here, it sounds like you have thought through the options and arrived at a fair and manageable solution for owners. The key thing is to provide a clear explanation to all owners as to why the amendment is being made and its impact. Mostly, people understand if they know how and why something has happened. Accompanying the amended minutes with a letter from the committee/body corporate manager may be the best way to do it. It may also be worth holding a VOC or recording a committee minute before the amendment to confirm that the change to the minutes is a majority decision of the committee. If there is a major financial impact, you may also need to consider providing owners with some leeway if they struggle to make any additional payments. After that, owners have the right to complain if they are unhappy, and you may have to do a bit of work talking to disgruntled owners to smooth things over. Owners have the right to make formal complaints and even seek adjudication if unsatisfied. Maybe a court would have a different opinion to the above, but alternatives may involve jumping through some legislative hoops to arrive at the same outcome. If a clean and simple solution is available, it is usually worth taking it. William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE
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Common area lighting causing nuisance to lot owners
There are no specific provisions about lighting in strata legislation. I can’t speak for whether there are requirements under other legislation. In relation to non-specific provisions, the body corporate is required to maintain common property and also may need to ensure a hazard is not created. It may be that the lighting is required to mitigate against a hazard (e.g., someone tripping over in the dark or as a crime-prevention measure). I also don’t know if there are safety concerns in the scheme that the lighting might be addressing. On the other hand, there are provisions for ‘nuisance’ under body corporate legislation, and a nuisance can be a visual nuisance. Is this situation a ‘nuisance’? I couldn’t say – it is very much a case by case situation. Obviously, it is causing you some challenges, although that does not automatically mean it is a ‘nuisance’ for the purposes of legislation. The body corporate is also required to enforce its bylaws and there may be a by-law relevant to your situation. You would need to check your by-laws about that.
Are there any lighting restrictions for common area lighting in a small strata complex? Are common area lights required to be on all night? We live in the ground floor unit, and the lights from the path and garden shine into our bedroom. Although this is causing you some challenges, that does not automatically mean it is a ‘nuisance’ for the purposes of legislation.
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My suggestion is that you raise your concerns with the committee and clarify if there is a specific reason why the lights are the way they are. Remember, it may be entirely reasonable that the lights are on as much as they are. If not, it may be a case of trying to negotiate some changes to how long the lights are on or some mitigation measures for you and your lot. If an agreement can’t be reached, you would then need to consider seeking conciliation through the Commissioner’s Office. This is general information and not legal advice. Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE
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Common property trees and lot plumbing - who pays?
Common property trees cause damage to our pipes. We need to reline the pipes. Should the body corporate pay? We live on a corner block in a lifestyle estate on the Gold Coast. The trees on the common grounds affect the plumbing pipes under our house. We get plumbers to clear the roots yearly, but they keep growing. The ongoing maintenance of the pipes is costly. The plumber has reported that the pipes now need to be relined. Should the body corporate pay for the rectification?
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This may depend on the amount of evidence you have. You can certainly request that the body corporate pay for rectification. Whether they agree to that or are obligated to pay may be a different question. Getting to the stage where payment is agreed upon may depend on the evidence you have available. As a starting point, you should have the invoices from your plumber stating that the roots have been cleared and a quote saying the pipes need to be relined. Perhaps these also identify the tree or trees causing a problem. If not, you could go back to the plumber for clarification. Perhaps you could submit photo evidence or arrange for an onsite meeting with the committee to review.
As an owner, you have a right to submit motions to the committee or a general meeting so you can arrange a quote for removing the tree or trees and the relining of the pipes and submit these for approval. If owners vote in your favour, the matter can be resolved. If not, you can also seek legal assistance via the Commissioner’s office or QCAT. Legally, a tree is regarded as affecting you if, in the next 12 months, it is likely to:
Think too that if there is an agreement to make payment from the body corporate, it may well be a compromise. Be prepared to meet the body corporate in the middle and see what happens. See the Queensland Government website for more on tree disputes: What to do if a neighbour’s tree is affecting you. William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
• seriously injure anyone on your land
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• seriously damage your land or any of your property • unreasonably get in the way of your use and enjoyment of your land (for example, if the tree drops branches into your yard and you can’t use that area for fear of being hurt). If the tree is likely to damage your pipes, it would seem you at least have the start point of a claim. Maybe point this out to the body corporate and say you would rather reach an amicable conclusion on that basis.
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Who instructs subsidiary scheme representatives on how to vote on motions at PBC meetings?
Do subsidiary scheme representatives need to be instructed on how to vote on motions at principal body corporate meetings? Do subsidiary scheme representatives need to be specifically directed by a subsidiary scheme body corporate meeting to vote on a motion at a principal body corporate (PBC) general meeting? Are they authorised to vote on PBC general meeting motions in the best interests of the subsidiary scheme lot owners if they have been appointed as the subsidiary scheme representative to the PBC by an ordinary resolution of the subsidiary scheme body corporate committee?
A subsidiary representative does not have discretion to make decisions or vote on their own accord. A subsidiary representative needs a direction from its body corporate and does not have discretion to make decisions or vote on their own accord. In some cases, the direction needs to come from the subsidiary general meeting, and the subsidiary committee does not even have the power to give a direction. Relevantly, see Acacia [2017] QBCCMCmr 394: “Referees have determined that directions can be given by the subsidiary committee on motions that are not ‘restricted matters’ for the committee, but if a PBC motions relates to a ‘restricted matter’, a general meeting resolution will be required to give direction to the nominee on how to vote on the motion. There should be a specific body corporate decision on the directions to be given to the nominee. As such, they must be subject of a formal and minuted committee or general meeting resolution.” Todd Garsden | Mahoneys tgarsden@mahoneys.com.au READ MORE HERE
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Can an owner trickle feed their EV in their garage
If a lot owner’s enclosed garage has an individually metered GPO point, can they trickle feed their electric vehicle with a Level One 3-pin plug supplied with the car? This requires no improvement to common property. Essentially, it is no different to plugging in a vacuum cleaner to clean the car. What situations aren’t covered by ‘most of the time’?
The situation is typically considered as falling within the rights of the lot owner. In the scenario you described, where a lot owner possesses a private enclosed garage with an individual General Power Outlet (GPO) point that is metered independently, the situation is typically considered as falling within the rights of the lot owner. In such cases, where the installation does not involve any modification or improvement to the common property, it is akin to plugging in any other electrical device, such as a vacuum cleaner. The mention of ‘most of the time’ in the initial statement refers to the general practice where owners seek consent from the body corporate for installing an EV charger on common property. However, individual enclosed garages with their own metered GPO points often fall outside common property regulations.
If a lot owner’s enclosed garage has an individually metered GPO point, can they trickle feed their electric vehicle with the Level One 3-pin plug supplied with the car? A recent article QLD: Electric vehicles states: “Most of the time, owners will require the consent of the body corporate to install an EV charger on common property. There may be a by-law regulating the installation or it may be considered as an ‘improvement’ to common property.”
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It’s important to note that circumstances may vary, and specific cases could involve unique considerations. If there are any specific by-laws or regulations applicable to your property, it’s advisable to review them to ensure compliance. Additionally, situations that might fall outside of ‘most of the time’ could include instances where there are restrictive by-laws, unique property arrangements, or specific considerations outlined by the body corporate. Altogether Group eaustin@altogethergroup.com.au READ MORE HERE
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Alarm raised over battery fires
THE FIREWORKS HAD BARELY FADED AFTER THE NEW YEAR’S CELEBRATIONS BEFORE A NEW TYPE OF PYROTECHNIC EXPLODED ONTO THE SCENE FOR THOSE LIVING AND INVESTING IN STRATA.
We predicted at the end of 2023 that the charging of lithium-ion batteries for devices such as e-bikes and e-scooters would be a major challenge for bodies corporate in 2024.
Insurers are already adjusting their strata policies in response to major weather events. It is only a matter of time before they start doing the same to account for the potential risk posed by lithium-ion batteries.
Just days after we made that bold prediction four renters were forced to flee through a window as their apartment went up in flames when a recharging e-bike battery overheated and exploded in Bondi.
Add into the mix the issue of combustible cladding on highrise buildings and you have a situation bound to attract the careful scrutiny of the actuary’s eye.
When lithium-ion batteries go up, they go up fast and they go up strong, with a plume of noxious fumes at their core. They’re difficult to extinguish with water or a fire extinguisher and can reignite easily. Luckily no one was seriously hurt in the Bondi incident and the damage was contained to the one apartment – though it was destroyed. The fire raises the question about how a body corporate should deal with the sudden boom in the popularity of e-bikes and e-scooters and the consequent potential impact a battery fire may have on common property and insurance premiums.
By Frank Higginson | Hynes Legal
So, when every e-bike battery is a potential firebomb just waiting to go off, what is a body corporate to do to prevent a possibly tragic event? The Queensland Fire and Emergency Service (QFES) recommends charging e-bikes and e-scooters in well-ventilated areas, such as a garage or carport, and never in living areas or anywhere that may be exposed to direct sunlight or other sources of heat. One option would be to provide a safe place for devices to be charged outside of individual lots. But that would pose its own challenges where basements might not have sprinklers installed, and water might not be the solution to putting these types of fires out in any case.
It would also question the wisdom of having multiple devices being charged in close proximity. There is also the ever-present risk of moral panic and people over-reacting. It’s doubtful that a body corporate could pass a valid by-law that would ban the devices from a scheme altogether – and even more doubtful that such a by-law could be enforced. As with many issues in community living, the solution may come down to calm discussion and education of lot owners and residents about the potential dangers posed by charging e-bikes and e-scooters overnight inside individual lots. The QFES recommends checking that chargers carry the necessary Regulatory Compliance Mark to show they meet Australian Standards and to only use chargers recommended by the device manufacturer with the correct voltage and current for the device. Spreading the word at the committee level and among owners and residents is a sensible first step before a more concrete solution can be found.
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Managing risk on common property Our committee has approved the security gate to be propped open by owners in some circumstances. Do we need to disclose this arrangement with the insurer? What happens if someone gets injured? In our Queensland body corporate building, we have a by-law stating that our security access gates cannot be propped open unless the body corporate provides written approval. However, the committee has approved a few owners to prop open the gates for visiting tennis players while they are playing tennis. Is the committee in violation of the code of conduct by providing this approval? Shouldn’t committee decisions be in the best interest of the body corporate?
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What are, if any, the insurance implications for both the body corporate and individual owners should a claim for loss and personal injury be able to be linked to the gate being propped open with approval? Does the body corporate have a duty of disclosure to the insurer that such approval has been given?
Every action on common property has some element of risk. A body corporate cannot risk manage every conceivable risk. Every action on common property has some element of risk such as someone driving a vehicle on common property. There are two considerations to this question:
• Duty of Disclosure: The insured (body corporate) has a legal duty to disclose all relevant information that might influence the insurer’s decision to accept or decline the risk or to set the premium and terms of coverage. The duty of disclosure applies both before the policy is issued and upon renewal. Insurers do not need to be informed of every action a body corporate takes on common property. It is our view that this example is not something that would warrant disclosure to the insurer. • Legal Liability: Legal liability claims are considered on a case-by-case scenario by insurers, solicitors, and judges (if the claim ends up in court). Claims are never black and white, and legal liability will vary based on the circumstances. If there is an injury on common property, there is always a risk of the body corporate being named in a claim. Where there is reasonable concern of a foreseeable event that may lead to injury,
the body corporate should take action to prevent claims. We question whether this example passes this threshold. Strata Insurance includes public liability cover designed to provide cover for the body corporate being drawn into a claim for personal injury or property damage. Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au READ MORE HERE
Developer’s actions and caretaker appointment during the inaugural AGM
During the first AGM, the developer’s director, serving as the original owner’s representative, unilaterally assumed all statutory roles and initiated a 25-year contract with a caretaker linked to their company. Are these actions legal? During the first AGM, a director of the developer was appointed as the original owner’s representative. This person nominated and accepted themselves for all statutory positions (chair, secretary and treasurer). They determined they had a quorum and declared that the meeting decisions were not restricted items under the BCCM and, therefore, did not require a secret ballot. They executed agreements with a caretaker who is 18 www.lookupstrata.com.au 18 www.lookupstrata.com.au
a subsidiary of the company for which they are a director. The agreement is a 25-year contract that no owners reviewed or considered. Under the accommodation module, what are the requirements for declaring a ‘conflict of interest’ and voting by committee members who are direct or indirect agents for a proposed service provider? Are these actions legal?
If the activities are unlawful, there are avenues to unwind the approved agreements. There are a number of elements to unpack, most of which will depend on certain information and circumstances being investigated. However, to provide initial comments:
1. Committee composition – if the developer was the only owner of the lots, then section 14(4) of the Accommodation Module contemplates this taking place, which provides: the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. 2. Quorum – if the developer was the only voter at the meeting, a quorum was reached pursuant to section 89(5)(b) of the Accommodation Module. 3. Restricted items – restricted issues can be considered at a general meeting rather than by the committee. 4. Secret ballot – some motions may require a secret ballot, but this depends on the topic of the motion.
6. Conflict of interest – there is no conflict of interest in voting at a general meeting. 7. Committee eligibility – there are committee eligibility issues for caretaking associations. 8. Caretaking agreement – usually these are disclosed to buyers as part of any off-theplan sales arrangements. 9. Are the arrangements lawful – it is not possible to confirm without a detailed review of all the relevant information. In the past, we have been engaged to review and advise bodies corporate and have found some circumstances to be lawful and others to be unlawful. If it is unlawful, there are avenues to unwind the agreements that were approved. Todd Garsden | Mahoneys tgarsden@mahoneys.com.au READ MORE HERE
5. Execution of agreements – if new agreements were approved at the meeting, it would be appropriate for them to be entered into.
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Can owners defend their position when they receive a Form 11 notice?
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We’ve been issued a Form 11 notice for erecting a nonpermanent shed. We’ve tried to contact the body corporate manager to discuss the situation but can’t get a response. What can we do now? We are owner occupiers in a strata scheme. We’ve been issued a Form 11 notice for constructing a non-permanent shed. We feel we have been accused unfairly. We’ve tried to contact the strata manager and asked for clarification, but he will not return our calls or emails. How do we proceed? We welcome the opportunity to learn more and respond to the accusation.
The fact you have been issued the Form 11 does not automatically mean you have contravened the by-law. It is good that you are trying to clarify (resolve) the situation informally in the first instance. While I cannot comment on the specifics of your situation, I will note that the by-law enforcement process is highly prescriptive. Significantly, it is also about an alleged contravention. In other words, the fact you have been issued the Form 11 does not automatically mean you have contravened the by-law. I also cannot say whether the Form 11 has been correctly completed and issued or whether there is sufficient supporting evidence. If either of those things have not been properly compiled, this could render the contravention notice ineffective. Then, there is the matter of whether the by-law is valid in the first place.
You say you have tried contacting the body corporate manager. It is the committee that decides to issue the Form 11, not the manager, so I suggest writing to the committee (if necessary, via the manager and clearly marked for the attention of the committee) to acknowledge receipt of the Form 11 and outline why you believe there is no contravention. After that, it is up to the committee to enforce the contravention notice. That usually occurs in the Commissioner’s Office, with the first step being conciliation. You can have your say at conciliation, as will the committee. This is general information only and not legal advice. Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE
Strata Solve helps people untangle and resolve their strata issues. Sounds simple when you put it like that, doesn’t it? Director Chris Irons (pictured, with his strata-approved greyhound Ernest) has an unrivalled strata perspective. As Queensland’s former Body Corporate Commissioner, Chris has seen and heard virtually every strata situation and nuance. He knows that while legislation provides a framework, there are many ambiguities to navigate through and in which pragmatism, commonsense and effective communication are vital. As an independent strata consultant, Chris provides services which are all about empowering owners, committees, managers, caretakers, and others, to protect their strata interests. With a high-profile media and online presence, and as an accredited mediator, Chris is also able to carefully ‘read the room’ and craft the right narratives in even the most complex strata situation. Strata Solve is not a law firm. Chris instead thinks of steps you can take before you embark on lengthy, costly, and stressful legal proceedings. Regardless of the client, all people in strata have one thing in common: their substantial investment in the strata scheme. Strata Solve prioritises that investment in each tailored solution we provide. Get in touch to find out more.
email: chris@stratasolve.com.au web: stratasolve.com.au
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Accommodation costs when the owner vacates for warranty repairs
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Who is responsible for accommodation costs when a lot owner vacates for a builder to carry out repairs under warranty? The builder is replacing the laminate flooring installed during construction. The same flooring was installed in all units. Some 70 of 325 owners have reported delamination or movement due to an uneven slab. In most cases, repair is not an option given the extent of delamination. The developer is an international company that operates globally and the builder is a large Australian company that operates nationally. Who is responsible for accommodation costs when a lot owner vacates for a builder to carry out repairs under warranty?
Lot owners may have rights against the builder for the displacement costs Lot owners are responsible for the maintenance of their lot – which would extend to the flooring within the lot. Each lot owner may then have rights as against the builder for the defects in any flooring to be remedied depending on the terms of the construction contract between the builder and the developer and any rights that can be pursued through the QBCC. Assuming the builder is responsible for remedying those defects, the lot owners may also have rights to consequential damage against the builder (such as displacement costs). However, this will depend on the specific terms of the construction contract and what can be negotiated with the builder. Todd Garsden | Mahoneys tgarsden@mahoneys.com.au READ MORE HERE
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How long can a visitor park in visitor parking?
An owner’s daughter is visiting and has parked in a visitor car park for five days and nights. Can we advise the daughter that she has parked in the space too long and must move? What is an unacceptable amount of time to park in visitor parking? Queensland’s strata legislation does not define what a ‘visitor’ is, including the length of time they would need to stay to qualify as a visitor. Queensland’s strata legislation does not define what a ‘visitor’ is, including the length of time they would need to stay to qualify as a visitor. It varies from case to case, and in the past, adjudicators have been asked to consider different circumstances to determine who might be a visitor and who may be an ‘occupier’. That distinction is important because while a by-law can be enforced against an occupier, that might not be the same for a visitor. In your case, while someone might be parking for five nights, is that five nights per week, per month or per year? Is it happening all the time, or was it a one-off? Is she staying overnight or a couple of hours at a time? These are the factors that need to be considered. You’d also need to consider what your bylaws provide for and what development approval might be in place from Council in relation to visitor parking. Chris Irons | Strata Solve chris@stratasolve.com.au
READ MORE HERE
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How can owners be sure the committee provides a true report for the insurance renewal?
Can the committee be held accountable for providing an untrue report for insurance renewal? What can owners do to prevent this from happening?
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Make sure the committee is not coming up with that figure themselves.
The most important thing here is to ensure the committee is not coming up with that figure themselves. The committee could be liable if they’ve come up with that figure themselves. It’s important to engage an independent professional to come up with that figure. Also, ensuring the professional has suitable professional indemnity insurance is important. That way, even if their assessment comes up and you are underinsured, at least you are covered by that professional indemnity insurance in the worst case scenario. Zac Gleeson | GQS zac@gqs.com.au READ MORE HERE
Safety considerations when approving owner renovation applications
28 www.lookupstrata.com.au
An owner wishes to replace a roller door with a tilt door in their garage. Safety concerns exist as the door opens onto common parking, turning, and pedestrian areas. What should we consider? Are there regulations governing tilt garage doors opening onto common parking, turning, and pedestrian areas? An owner wishes to replace a roller door with a tilt door for more headroom. We are concerned that the opening arc of a tilt door might present a safety issue to another vehicle or resident if the garage door is operated remotely.
If an owner applies to change either their property or the common property, it is reasonable to ask them to demonstrate that the proposed change is safe. The body corporate is responsible for site safety. When an owner applies to modify their property or common areas, it’s reasonable to request they demonstrate that the proposed change is safe. It’s also reasonable for the committee to reject the application if safety isn’t demonstrated. In the case of tilt doors, I couldn’t find specific safety directions around these, but there are a lot of general concerns around the additional opening space they require. If, as you indicate, the door will open into an area where people and vehicles are regularly present, it seems only a matter of time until there is some incident or accident.
As such, it is worth discussing with the owner to see what could be done. The owner could engage a safety expert to demonstrate the installation would be safe or advise on any additional changes that could be made to make it safe. Otherwise, it may be easier to look at alternatives. As the owner wants extra headroom, perhaps a different installation like a flex-a-door might be suitable instead. William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE
If I am on a payment plan for a special levy, can I still vote? If I am on a payment plan for a special levy, am I considered to be unfinancial when it comes to voting? The committee agreed to a payment plan for my special levy contribution. Otherwise, I have consistently paid all general levies on time and am not in arrears for any other payments. Despite this, the body corporate managers say I am not eligible to vote because I’m in arrears. Is this correct?
If you want to vote, you have to have nothing owing. You aren’t financial as you do owe money from properly struck levies. The legislation is very firm that outstanding levies disentitle you from voting on anything other than resolutions without dissent. If you want to vote, you have to have nothing owing. Frank Higginson | Hynes Legal
frank.higginson@hyneslegal.com.au READ MORE HERE
30 www.lookupstrata.com.au
SC Seymour Consultants
STRATA COMPLIANCE REPORT SPECIALISTS
Since 2001, Seymour Consultants has applied professionalism, honesty and integrity to every project and built a reputation as a market leader in the Strata Industry.
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Specialising in: • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
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Our main objective is to work in partnership with you as we share a joint interest in the success of each and every project. Call us today on 07 5573 4011 Email us on info@seymourconsultants.com.au Visit our website at www.seymourconsultants.com.au
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STRATA MANAGEMENT Tower Body Corporate
Your Building Matters P: 07 5609 4924 W: https://towerbodycorporate.com.au/ E: info@towerbodycorporate.com.au
Bright & Duggan
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DEFECT RESTORATION Building Rectification Services
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Vision Strata Services
Ouroboros design
Your local Strata Firm based on the Gold Coast QLD W: http://visionstrata.com.au/ E: info@visionstrata.com.au
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SSKB Strata Managers
TRADECOM GROUP
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Civium Communities
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Northern Body Corporate Management
Specialist Body Corporate Management for North Queensland
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Network Pacific Strata Management
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Bryant Body Corporate Management Not All Agents Are the Same! P: 07 5437 7777 W: https://www.bryantstrata.com.au/ E: peterbryant@bryantstrata.com.au
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Strataregister.com Pty Ltd
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INVESTMENT SERVICES Strata Guardian
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Quantum United Management
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BUILDING ENGINEERS & INSPECTORS Sedgwick
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QIA Group
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GQS
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Seymour Consultants
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BCRC
Construction Materials & Durability Consultants P: 02 9131 8018 W: https://bcrc.com.au/ E: sydney@bcrc.com.au
Budget Vals
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Palmer Acoustics
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HFM Asset Management Pty Ltd Building Efficiency P: 0407 734 260 W: https://www.hfmassets.com.au/ E: info@hfmassets.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
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
Pircsa Pty Ltd
Professional Insurance Restoration and Consultancy P: 0460 555 077 W: https://pircsa.com.au/ E: steve@pircsa.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
Solutions in Engineering
Quality Reports On Time, Every Time! P: 1300 136 036 W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com
CORE Consulting Engineers
Delivering 360° engineering solutions for strata P: 02 8961 3250 W: https://core.engineering/ E: admin@core.engineering
Mabi Services
Asbestos, Safety & Building Consultants P: 1300 762 295 W: https://www.mabi.com.au/ E: cinfo@mabi.com.au
Olive Tree Consulting Group
Solutions in Strata Compliance P: 0400 161 659 W: https://olivetreeconsultinggroup.com.au/ E: admin@olivetreeconsultinggroup.com.au
FRANCHISERS Network Pacific Strata Franchise Join our successful team P: 03 9999 5488 W: https://www.networkpacificstratamanagement.com.au/qld/ E: bodycorp@networkpacific.com.au
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INSURANCE Strata Insurance Solutions
STRATA LAWYERS Mahoneys
Protecting owner assets is who we are. P: 1300 554 165 W: https://www.stratainsurancesolutions.com.au/ E: info@stratainsurancesolutions.com.au
Body Corporate Law & Dispute Resolution Experts P: 07 3007 3777 W: www.mahoneys.com.au/industries/bodies-corporate-strata/ E: info@mahoneys.com.au
Whitbread Insurance Brokers
Hynes Legal
Empower Your Vision P: 1300 424 627 W: https://www.whitbread.com.au/ E: info@whitbread.com.au
Industry leaders delivering real strata solutions P: 07 3193 0500 W: https://hyneslegal.com.au/ E: frank.higginson@hyneslegal.com.au
CHU Underwriting Agencies Pty Ltd
Bugden Allen Graham Lawyers
Specialist Strata Insurance Underwriting Agency W: https://www.chu.com.au/ E: info_nsw@chu.com.au
Specialising in property development & strata law P: 02 9199 1055 W: www.bagl.com.au E: info@bagl.com.au
Strata Community Insurance
Douglas Cheveralls Lawyers
Flex Insurance
Mathews Hunt Legal
Driscoll Strata Consulting
Moray & Agnew Lawyers
Protection for your strata property. And you. P: 1300 724 678 W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au Your Cover Your Choice P: 1300 201 021 W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au Knowledge | Experience | Service P: 0402 342 034 W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au
Sure Insurance
The Go-To Strata Lawyers P: 08 9380 9288 W: https://www.dclawyers.com.au/ E: office@dclawyers.com.au BODY CORPORATE LAWYERS... EXCLUSIVELY P: 07 5555 8000 W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au Legal strategies and solutions for our clients P: 03 9600 0877 W: https://www.moray.com.au/ E: https://www.moray.com.au/
Sure. Insurance, but Fair P: 1300 392 535 W: https://sure-insurance.com.au/strata-hq/ E: strata-quotes@sure-insurance.com.au
Grace Lawyers
SAFETY & SECURITY
Holman Webb Lawyers
Pacific Security Group
Experts in electronic security since 2005 P: 1300 859 141 W: https://www.pacificsecurity.com.au/ E: operations@pacificsecurity.com.au
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Know. Act. Resolve. W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au Body Corporate and Strata Dispute Experts P: 61 732 350 100 W: https://www.holmanwebb.com.au/ E: contact@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
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SOFTWARE MiMOR
Connecting People – Creating Communities P: 0414 228 644 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
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Customer Service Software for Strata P: 0874778991 W: https://resvu.com.au/ E: enquiries@resvu.com.au
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Building Management - Residential & FM Schemes P: 1300 912 386 W: https://www.mybos.com.au/ E: sam@mybos.com.au
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EDUCATION & TRAINING LookUpStrata
Australia’s Strata Title Information Site W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au
Strata Community Association P: 02 9492 8200 W: https://www.strata.community/ E: admin@strata.community
Owners Corporation Network
The Independent Voice of Strata Owners W: https://ocn.org.au/ E: enquiries@ocn.org.au
Your Strata Property
Demystifying the legal complexities of apartment living
W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au
ACCOUNTANTS 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.accountant
WINDOWS & DOORS Windowline Pty Ltd
Australia’s strata replacement window & door specialists
P: 02 8304 6400 W: https://windowline.com.au/ E: info@windowline.com.au
Stratafy
Only Complete Cloud Strata Software ecosystem P: 1300 414 155 W: https://stratafyconnect.com/ E: sales@stratafyconnect.com
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ELECTRICAL
CLOTHES LINES
Altogether Group
Lifestyle Clotheslines
Energy On Pty Ltd
PAINTING
Power.Water.Data P: 1300 803 803 W: https://altogethergroup.com.au/ E: eaustin@altogethergroup.com.au 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: 1300 000 366 W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.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 Fire Matters
Fire Safety Compliance P: 07 3071 9088 W: https://firematters.com.au/ E: sbauer@firematters.com.au
PEST INSPECTION Control Pest Management – Brisbane Pest Control Professionals P: 1300 357 246 W: https://controlpestmanagement.com.au /locations/brisbane-pest-control/ E: ray@controlpestmanagement.com.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
Clothesline and washing line supplier & installer P: 1300 798 779 W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au
Higgins Coatings Pty Ltd
Specialist painters in the strata industry W: https://www.higgins.com.au/ E: info@higgins.com.au
Rochele
Prompt & Professional
P: 1300 808 164 W: https://rochele.com.au/ E: jeremy@rochele.com.au
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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Pay Now or Pay Later: It’s Your Choice® P: 1300 936 560 W:https://austratafinance.com.au/ E: info@austratafinance.com.au
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Australian parcel, mail, and refrigerated lockers P: 03 9982 4462 W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com
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Leafshield Gutter Protection Specialists P: 1300 362 246 W: https://leafshield.net.au/why-leafshield/ E: info@leafsheild.net.au
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SUSTAINABILITY
RECRUITMENT SERVICES
The Green Guys Group
sharonbennie – Property Recruitment
Australia’s Leading Energy Saving Partner W: https://greenguys.com.au/ E: sean@greenguys.com.au
Matching top talent with incredible businesses P: 0413 381 381 W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au
Humenergy
Essential Recruitment Solutions
Fair Water Meters
LIFTS & ELEVATORS
People, Innovation and Value Sharing P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au Fair water - fair bills P: 1300324701 W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au
CONSULTING Strata Solve
Untangling strata problems P: 0419 805 898 W: https://stratasolve.com.au/ E: chris@stratasolve.com.au
FACILITY MANAGEMENT LUNA
Building and Facilities Manager P: 1800 00 LUNA (5862) W: https://www.luna.management/ E: info@luna.management
RFM Facility Management Pty Ltd
Strata and Specialist Cleaners P: 1300 402 524 W: https://www.rfmfacilitymanagement.com.au/ E: nathan@rfmfacilitymanagement.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
Specialising in Strata recruitment P: 0448 319 770 W: https://www.essentialrecruitmentsolutions.com.au/ E: maddison@essentialrecruitmentsolutions.com
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
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 71112956 W: https://www.strataval.com.au/ E: valuations@strataval.com.au
Embedded Network Arena
Independent Embedded Network Consulting Services P: 1300 987 147 W: https://embeddednetworkarena.com.au/ E: info@embeddednetworkarena.com.au
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