The QLD Strata Magazine | July 2022

The QLD

STRATA MAGAZINE JULY 2022

When lot owners hide building defects ... who eventually pays?

Page 12 | Strata Solve

Application for a visiting pet denied! Can we ask why?

Page 14 | Mahoneys

Damage from shopping trolleys left in the car park Page 26 | Tower Body Corporate

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

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

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

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

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

Nikki shares her time between three companies, including Tower Body Corporate in SEQ, and is currently in her third term on the SCA (WA) Education and Professional 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 is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.

Liza Jovicic Sales and Content Manager

Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au Disclaimer: The information contained in this magazine, including the response to submitted questions, is not legal advice and should not be relied upon as legal advice. You should seek independent advice before acting on the information contained in this magazine.

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Contents 4 Who pays for the replacement of damaged carpets?

18 Is an online noticeboard a valid noticeboard?

Frank Higginson, Hynes Legal

Tyrone Shandiman, Strata Insurance Solutions

6 MIMOR Conquers Communication Challenges

20 Body Corporate member harassed by residents Chris Irons, Strata Solve

MIMOR

8 Making the building as secure as reasonably possible

22 Does the caretaker have exclusive use of visitor parking spaces?

Todd Garsden, Mahoneys

Chris Irons, Strata Solve

10 Responsibility for a tree on a lot boundary William Marquand, Tower Body Corporate

12 When lot owners hide building defects ... who eventually pays?

Chris Irons, Strata Solve

14 Application for a visiting pet denied! Can we ask why?

24

Draft stoppers on fire doors Stefan Bauer, Fire Matters

26 Damage from shopping trolleys left in the car park William Marquand, Tower Body Corporate

28 Protection for unauthorised renovations when no by-law is in place Michael Kleinschmidt, Stratum Legal

Todd Garsden, Mahoneys

16 Getting the sinking fund and maintenance schedule back on track Dakota Panetta, Solutions In Engineering

30 Strata reform is about people, not buildings SCA (Qld)

32 The QLD LookUpStrata Directory

Thanks to our sponsors

Who pays for the replacement of damaged carpets?

A overflow sewerage pipe caused damaged to carpets.

Body corporate insurance removed all carpets, but say they are not responsible for the replacement. Is this really a lot owner’s responsibility?

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A sewerage pipe blocked and caused backflow into my apartment and the apartment next door.

Insurance for body corp removed all carpet and underlay from both units and we are now left with bare concrete.

The body corporate’s insurance company states they are not liable to replace any of the carpet. Are they required to at least replace the damaged carpet or is this really a lot owner responsibility?

Carpet is deemed to be temporary flooring and is therefore the owner’s responsibility to insure under contents insurance.

In this instance there should be a claim on strata insurance (for building damage) and contents/landlords insurance (for damage not considered building).

Carpet is deemed to be temporary flooring and is therefore the owner’s responsibility to insure under contents insurance.

If the owner has a contents insurance policy, they should make a claim under that policy.

If not, they will be responsible for the repairs for damage to the carpet.

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

5

Mimor Conquers Communication Challenges COMMUNICATION FEATURE In a digital age when a laptop, mobile phone or smart watch are always within easy reach, relying on notice boards or snail mail to communicate seems a little outdated, not to mention unreliable.

Australian entrepreneur Jake Sharp was of the same opinion when he created MIMOR, a one-stop shop to overcome strata-living sticking points. The digital platform acts as a central information and communication hub for residents and building managers and service providers, comprising vital building information, moving processes, procedures for managing parcels and booking common areas, and general announcements.

Central to MIMOR is it’s function as a real-time communications channel, sharing alerts and reminders with residents via SMS and email. No more unsightly notices in the foyer or lift; no more worrying if messages have been read; and no more multiple calls to the building manager from residents asking the same questions.

Instead, messages can be shared with hundreds of people instantaneously, keeping residents up to date about important news or events that can impact amenity, whether its lift maintenance, hard rubbish collection or a change to gym hours.

“Printing posters and sticking them around the building is an inefficient use of time and no guarantee that the information will reach everyone,” Sharp said.

“MIMOR makes communicating with owners, tenants, building managers and owner corporations so easy and guarantees reach to hundreds of residents or a private message to just one person.

Having capacity to disseminate information quickly and in a targeted manner is particularly important in the time of a pandemic, where restrictions can change at a moment’s notice.”

MIMOR also streamlines communications regarding moving processes, with residents able to book online their preferred date and time, with the confirmation email outlining procedures for parking and use of lifts.

The MIMOR platform also hosts a wide range of building information, such as gas connections, electricity suppliers, water rates, and emergency

info@mimor.com.au

contacts and evacuation plans, and can manage parcel deliveries.

The addition of the common area booking function avoids potential for overcrowding and ensures residents can access facilities.

“Removing common friction points and maintaining clear communications is essential to creating a harmonious environment, where everyone understands and abides by the same rules,” Sharp said.

MIMOR subscriptions are scalable, from three apartments to more than 500, with the platform currently being translated into 10 languages and soon to launch as a mobile app.

For more information, go to

mimor.com.au

mimor.com.au

7

Making the building as secure as reasonably possible Are the body corporate responsible for making the building as secure as reasonably possible?

What is the body corporate’s responsibility to provide security to building car parks?

My building has 20-holiday lets and a total of 66 apartments and we have had a number of thefts and break-ins to sheds and vehicles in recent months.

That is not to say that the holidaymakers are doing the thieving. We know thieves will wait outside the garage until a car enters or leaves and take the opportunity to enter the car park. Holiday letting does mean there is a lot of car park activity at times. We have the usual notices stating that vehicles are parked at the owners responsibility, but I would have thought the body corporate also has a responsibility to make the building as secure as reasonably possible.

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While there is no express requirement for a body corporate to provide security services, the requirement to ‘act reasonably’ might include ensuring the security of common property, such as car parks.

A body corporate in Queensland has a statutory responsibility to act reasonably. What does that mean? Well, it varies from case to case and is dependent on the situation. So while there is no express requirement for a body corporate to provide security services (and I stress, I’m speaking only from a body corporate perspective – there may be obligations under other legislation), you can see how ‘acting reasonably’ might include ensuring the security of common property, such as car parks.

If you are an owner, you have a right to put motions to both committee and general meetings. So it is open to you

to put a motion to your next general meeting, providing a quote for security services (I suspect said quote would exceed committee spending limits at your building, although it may not of course) and have all owners vote on that.

Prior to that, you might want to get in touch with fellow owners to see if they share your views. No point seeking their endorsement of something if they are not interested or don’t see it as a priority.

You may also want to reach out to your local Police station to see if they have any advice for you in this situation, or you might like to request the committee do this. Police may have notices or information which can be shared amongst owners, to bring the issue to their attention.

Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE

9

Responsibility for a tree on a lot boundary If a scheme perimeter boundary also forms a lot boundary, and this boundary has a tree growing on it, is the body corporate or the lot owner responsible for the tree?

Ask your body corporate manager to do a review and advise their opinions.

If the boundary of the lot is body corporate responsibility and if the tree is part of that boundary, it is likely to be a body corporate responsibility.

However, you will need to check your documents carefully. See exactly where the boundary lines are and where the tree sits in relation to them. Is the tree definitely part of the boundary or has it grown into the boundary? If it is the latter, it could be argued that the tree is the owner’s responsibility.

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Are there any by-laws that might govern the management? Are there any questions over who planted the tree and when? If the tree was planted by an owner, it could be an owner’s issue. You also need to consider who the fence is shared with. Does it border a neighbour or common property land, as this will affect who is responsible for payment?

The best starting point would be to ask your body corporate manager to do a review and advise their opinions. Send some photos to them and the committee so they can assess the situation. If the matter is controversial, you may need to seek the view of a strata solicitor for determination.

Otherwise please see the BCCM page for general info about trees and fences: Step-by-step guide to resolving tree and fence disputes.

William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE

11

When lot owners hide building defects... who eventually pays?

Years ago, a lot owner found concrete cancer in their lot.

They told no-one and retiled over the area. A new owner purchased and discovered the defect. Is the body corporate responsible for the (now more substantial) full cost of the repairs?

Our apartment block is approximately 50 metres from the ocean. A lot owner in our complex found concrete cancer years ago in their topfloor apartment and didn’t report the issue to the strata or repair the damage.

The owners concealed the concrete cancer by relaying new tiles over the whole area. Now, years later, the lot has been purchased by an investment company and the concrete cancer has been discovered.

Can the new owner hold the body corporate responsible for the full cost of repairing the much larger amount of damage to the floor or does the initial covering up of the concrete cancer in any way lessen the liability of the body corporate?

The repair costs will be much larger because of a previous owner’s deception.

Has a similar previous cases come up before?

If a body corporate is responsible for something, they retain that responsibility regardless of what has transpired in the past.

I’m not aware of any cases, although you can research for yourself at the Australasian Legal Information Institute. Your query is quite specific, so it is possible you won’t find it precisely in a case.

Generally speaking, if a body corporate is responsible for something, such as maintenance or repair of common property, then they retain that responsibility regardless of what has transpired in the past. Equally, if a previous owner is responsible for some damage, then it might be possible for the body corporate to recover costs from the previous owner, although they’d need to seek legal advice on how to do so, and if it is worth it. For example, a body corporate has not maintained a common property driveway over the years because it was going to cost too much money and the committee at the time did not want to spend it. Now a new committee is in place and they are deciding the repair needs to be done and money spent. Just because the maintenance wasn’t done previously, doesn’t relieve the body corporate of its responsibility now.

There are a few things unclear in your query.

How have all these things come to light? Are there expert reports to verify it all? Are you sure it is actually a body corporate responsibility to repair? If you haven’t addressed these issues, you should probably do so as a first port of call.

Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE

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Application for a visiting pet denied!

Can we ask why?

We applied to have our son and his dog visit us at our unit. This request was denied.

Are we entitled to be given a ‘reasonable’ reason for the decision other than the committee not liking animals?

We applied to have our son and his dog visit us at our unit. This request was denied: “The xxxxxx Corporate Committee has voted on your request to have your son’s pet visit the complex, and the motion was not passed, so you cannot have the dog visit.”

I asked for a valid reason as to why and we have received no response.

As an owner, are we entitled to be given a ‘reasonable’ reason for the decision other than the committee not liking animals?

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The committee has an obligation to act reasonably however is not obliged to provide detailed reason for its decision.

The committee: 1. has an obligation to act reasonably; however 2. is not obliged to provide detailed reason for its decision.

In Riverbend Gardens [2016] QBCCMCmr 507 the adjudicator relevantly provided: [36] The three Dorney decisions discussed above say that unless there is a statutory obligation to do so (which does not exist in the body corporate legislation), there is no obligation on a person to advance specific grounds or reasons for their decision at the time of the decision. Although it may be unreasonable to give no explanation of a decision, I agree a body corporate does

not necessarily have an obligation to give the applicant comprehensive grounds to its decision.

If any dispute resolution application is made, ultimately the committee would need to justify its decision in front of an adjudicator. Without a valid reason – an application would be successful in overturning the committee’s decision.

Yo u r B o d y C o r p o r a t e E x p e r t s

It may be worthwhile pointing this out to the committee in an effort to avoid the need for such an application to extract details of the reasons for the decision.

Todd Gardsen | Mahoneys tgarsden@mahoneys.com.au READ MORE HERE

Brisbane L 18, 167 Eagle Street Brisbane Qld 4000 07 3007 3777

Gold Coast L 2, 235 Varsity Parade Varsity Lakes Qld 4230 07 5562 2959

www.mahoneys.com.au

15

Getting the sinking fund and maintenance schedule back on track We took over from a failing committee and have been working to bring the body corporate back on track. Looking at our sinking fund forecast, we are behind in both funds and maintenance.

Where do we start?

We took over the committee responsibilities for our small strata in a ‘coup’ two years ago after several years of neglect by our predecessors. Since then, we have been getting the body corporate back to a safe and compliant physical state, plus getting the finances into good order. We’ve started looking at the 10 year Sinking Fund Forecast. We are approximately halfway through and although our sinking fund is now in a 16 www.lookupstrata.com.au

very good state, the numbers suggest that the extra funds that should have been set aside per the recommendations of the report have either been diverted away or were never saved in the first place.

First instincts are get a new Quantity Survey with some early financial stacking in the first two or three years to allow us to catch up financially, whilst prioritising the maintenance accordingly. With our efforts over the past two years, we’ve arrested the general decay, but I was alarmed at the assertion in a recent webinar that the paint may no longer be providing protection. We are now concerned about the potential consequences of delaying repainting for too long.

The previous committee seem to have lost records of when the last painting was done, although it does look in fairly new condition. I’ve also reached out to the company who possibly painted the building last time to fill in some of the blanks.

The last Quantity Survey was a simplistic ‘fill in a template and we’ll crunch it through our app’ process done by an interstate firm, so – coming from a technical engineering background – I’m not over-confident in the recommendations.

What are all my options to continue to get the body corporate back on track?

Are we likely to find ourselves in violation of Queensland or Federal laws around these issues?

Neglect of common property will find the committee and the BC liable for damages to owners whether that be loss of rent, loss of asset value or safety issues etc.

It is fantastic to see that you have formed a proactive and diligent new committee who are determined to see the state of the corporate body improve from a level of neglect. This is the first step in terms of becoming a compliant body corporate. Under the BCCM Act & Regs for QLD, neglect of common property will find the committee and

the BC liable for damages to owners whether that be loss of rent, loss of asset value or safety issues etc.

Under the BCCM Regulations QLD it is a legal requirement for a Body Corporate to carry out a Sinking Fund Forecast every 5 years. If it is 5 years since your last report, which it sounds like it might be, we would advise you commission another Sinking Fund Forecast. The building inspector completing this report should be able to determine the state and age of the paint of the exterior and appropriately forecast the year it should fall due. Similarly, they can look for signs that would indicate possible waterproofing

failure, such as concrete spalling and suggest you engage a remedial specialist.

A sinking fund forecast should be a comprehensive document but simple enough for a layman to read if they were to pick it up. Rather than a templated sheet to fill in, the forecast should be tailored to the nature of the BC and the materials, construction type, age and appearance of the scheme.

Dakota Panetta Solutions in Engineering dakotap@solutionsinengineering.com READ MORE HERE

17

Is an online noticeboard a valid noticeboard?

If a scheme maintains a noticeboard, notices of proposed committee meetings must be placed on it. Is an online noticeboard, accessible only via the BCM’s portal, a valid noticeboard?

The BCCM legislation permits, but does not require, a scheme to maintain a noticeboard in a suitable position on common property.

This noticeboard can be for the display of notices and other material of interest to the owners or occupiers. If they do maintain a noticeboard, notices of proposed committee meetings must be placed on it. Is an online noticeboard, accessible only via the BCM’s portal, a valid noticeboard?

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If there is no obligation to have a physical noticeboard, there is no issue with putting something you aren’t obliged to do online.

Voting and notices have now moved online lawfully, on an opt out basis. What I would say is that if there is no obligation to have a physical noticeboard (which there isn’t), then there is no issue with putting something you aren’t obliged to do online. So go for it!

Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au READ MORE HERE

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19

Body Corporate member harassed by residents As a Body Corporate member, I should be able to have ‘quiet enjoyment’ of common areas without being berated, door stopped, yelled at, threatened whilst traversing common property!

As a Body Corporate member, I hate being ‘door stopped’ by whinging tenants and owners.

All matters should, in the first instance, be sent to the Property Managers who then forward the information onto the Body Corporate Secretary who will either call an urgent meeting or hold the matter over until the next scheduled Body Corporate meeting.

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Everyone should be able to have ‘quiet enjoyment’ of common areas without being berated, door stopped, yelled at, threatened whilst traversing common property!

Each strata scheme is different and how things work will therefore differ from building to building.

You have my full empathy on door stopping and also the far more disturbing instances of being yelled at or threatened.

That latter should not happen to anyone, least of all a volunteer strata participant.

To me, this situation highlights one of the truisms of strata and irrespective of which State, Territory or indeed, Country it is located in:

namely, that each strata scheme is different and how things work will therefore differ from building to building.

Put another way: while government gives a legislative framework for strata operations, it is also acknowledged – and indeed, entirely appropriate – that that framework be ‘elastic’ enough to suit.

In your scenario, I know there are plenty of schemes in Queensland (from where I write this) in which it is both common and encouraged for door stopping and personal interactions (in the car park, in the lobby, in the stairwell) to ventilate issues or indeed to simply have a chat. To me, if that is happening in a constructive way and not impinging on one’s personal

boundaries, that is to be encouraged. My experience is that quite a few strata schemes get results from this approach. It is also the best example I can think of to emphasise the ‘community’ aspect of strata. Like it or not, strata is all about a community, a group of participants who otherwise would have nothing to do with each other but who, by virtue of ownership, residency or contract, are very much part of a community.

The key here is setting boundaries. You don’t like being door stopped? That’s totally fine – just make sure that is clearly known and if necessary, communicated in writing.

While you are at it, make sure everyone knows how to communicate in the alternative. Do all owners, tenants and relevant contractors have the best contact details? If there are communication preferences (such as a certain number of emails or communication at particular times of day)? Do they know those? Do you or your fellow councillors have a strata-specific email address?

If not, time to think about getting one, as it will remove your personal email address from the equation and create the kind of separation and distance between strata and personal that you are after.

And then, if you are being berated, yelled at or threatened, that too warrants boundaries being clearly defined. To emphasise those boundaries, that may mean initiating formal proceedings against the offending party or parties. My point is that if there is behaviour occurring which you do not appreciate, you need to take steps to firstly make it clear you don’t appreciate it and then be prepared to follow through on it, if the behaviour keeps occurring.

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

21

Does the caretaker have exclusive use of visitor parking spaces?

The committee in our accommodation module scheme are under the impression that our caretaker has the exclusive right to two of our approximately 25 visitor car parks.

Checking with Queensland Titles, I can find no record of the change ever being approved.

I did find a mention in the committee meeting minutes from 2006 where the committee were advised by BCCM this change was not possible. I expect the matter was then dropped.

What action can lot owners take to rectify the situation?

Lot owners should ask the committee or caretaker where the manager’s right to park vehicles exists.

Not all car parking rights need to be registered with the titles office. For example, the caretaker may have been granted an occupation authority to park on the common property. Such a right only needs approval by ordinary resolution and is tied to the term of the caretaking agreement. However, any such right: 1. Must not contravene the development approval conditions applicable to the scheme; and 2. Can only be used for the purposes related to performing the caretaking duties.

Our committee are under the impression our caretake has exclusive use of 2 visitor parks.

I’m unable to find record of the change ever being approved.

How do we rectify the situation?

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Lot owners should ask the committee or caretaker where the manager’s right to park vehicles exists. If no right can be produced then owners will be in a better position to understand their rights.

Todd Gardsen | Mahoneys tgarsden@mahoneys.com.au READ MORE HERE

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23

Draft stoppers on fire doors

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Drafts come under our front fire door. Can we fit a draft stopper while not breaching fire door regulations?

Our front fire door has a generous gap at the bottom. The space is very close to, if not a little larger, than the maximum allowed.

At times, a strong draft comes under the door.

Is there a draft-stopping product we could use that would not breach fire door regulations?

Stefan Bauer | Fire Matters sbauer@firematters.com.au READ MORE HERE

Contact the manufacturer and check which door seals are approved for the door.

Yes, there are fire door seals available.

It is important to ensure that the seal is approved on the fire doors installed.

The tag on the spine fire door/frame will show the manufacturer of the door. It is best to contact the manufacturer or the local agency and check with them which door seals are approved on their doors. It is important to keep the approval documentation so the door seal will not fail the next fire door inspection.

25

Damage from shopping trolleys left in the car park

Residents regularly bring shopping trolleys into the car park area. This could lead to accidental damage to other resident’s cars. Could the body corporate be liable for this damage?

Residents in our apartment complex have been bringing shopping trolleys home from local supermarket. They use the shopping trolleys to transport shopping in the lift from their cars up to their apartments. They often leave empty trolleys in the car parking area. This could lead to accidental damage to other resident’s cars.

Could the body corporate be held liable for this damage? Should the body corporate committee take action to make sure trolleys are either returned collected or at least make sure that trolleys are stored where they won’t damage private property?

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Dumped trolleys can cause a hazard and the body corporate can potentially be held liable for hazards on body corporate property – especially if they are not taking steps to resolve the matters.

You can report dumped trolleys directly to the shops involved and they will come and pick them up. Brisbane Council has a handy list of contacts on their webpage: Abandoned shopping trolleys.

That’s not really the issue though.

Dumped trolleys can cause a hazard and the body corporate can potentially be held liable for hazards on body corporate property – especially if they are not taking steps to resolve the matters.

As a first step you can write to owners advise them of the situation and ask them to return any trolley they may use to the relevant store.

If that doesn’t work, you may need to identify the individuals bringing the trolleys to site.

Send them specific letter or breach notices if necessary. Maybe send their details to the store they are taking the trolleys from. If you are really unhappy with the situation you could have CCTV cameras installed so you can identify the relevant individuals.

It doesn’t seem like a good idea to create a space where the trolleys can be stored. While it may help with immediate management it also effectively condones the practice and infers that the body corporate has some responsibility for it.

William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE

27

Protection for unauthorised renovations when no by-law is in place

Does current legislation offer any protection to complexes regarding unauthorised renovations if there is no bylaw in place?

Our complex does not have a by-law relating to renovations to lots. The addition of a new by-law is proving difficult because of the voting rules for a Special Resolution.

Our main concerns are renovations which affect the structural integrity, plumbing and electrical installations, as well as the installation of hard flooring. Does current legislation offer any protection to complexes regarding unauthorised renovations if there is no by-law in place?

A good approach is to be proactive, get ahead of a proposed renovation, work out what is proposed and see if it requires approval, or will breach the legislation.

Regulating renovations can be difficult.

Special purpose by-laws help, but architectural and landscaping codes are better. The former requires a special resolution, the latter a resolution without dissent. Not having either, your recourse is to the other by-laws and the legislation.

By-laws regulating noise or nuisance for example, if breached, can stop a renovation in its tracks (assuming the body corporate takes prompt and proper action!). By-laws regulating external appearance of a building, or placing things on the common property (e.g. skip bins) without approval, can provide the means to impose reasonable conditions on renovations.

The legislation contains many ‘tripwires’ which, if triggered, can have dire consequences; for example, requiring part of a renovation encroaching onto common property to be removed. Structural, plumbing or electrical works are just as 28 www.lookupstrata.com.au

likely to be regulated by other, indirect bylaws and special provisions of the legislation as any other works. A good approach is to be proactive, get ahead of a proposed renovation, work out what is proposed and see if it requires approval, or will breach the legislation. It’s far better to try to head an inappropriate renovation off at the pass, than to try to get an Adjudicator’s order that a renovation inside a lot be undone!

As for what parts of the legislation may be helpful, that will always turn on what the renovations entail. For example, if a renovation is extensive enough and involves the floor coverings, then the renovations may have to be compliant with the current transmissible noise standards. Plumbing, electrical and structural works can trip other parts of the legislation, again depending on what is proposed; for example, inappropriate structural works may breach the statutory easement for support.

When I hear of push back on a renovation by-law, its usually because the proposed bylaw goes too far – committee members are (generally!) not building professionals, and they don’t automatically have a mandate to, for example ‘preserve the aesthetics’ of the building/s on the scheme land. The consent of the governed is required, and to get that consent a by-law should be reasonable in scope, clear in application and deliver fair and consistent outcomes.

Michael Kleinschmidt | Stratum Legal info@stratumlegal.com.au READ MORE HERE

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Strata Reform is About People, not Buildings It was American founding father Alexander Hamilton who said “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”

Strata law is a form of governance and I think most of my colleagues would agree that if owners and occupiers behaved like angels and obeyed by-laws, did appropriate maintenance without being dragged to spending money, paid their levies on time and treated the common property with respect, there might even be no need for strata managers! In the same vein, anyone who has attended an SCA (Qld) networking event probably wouldn’t agree with any comparison of strata managers to angels. The fact remains they are largely tasked with enforcing appropriate governance of schemes, and importantly managing the at times not-so-angelic occupants.

The strata legislation in this state is to guide our managers and lot owners, neither of whom can lay claim to being angels. Whilst no law can make anyone an angel, better ones will make everyone’s wants and needs easier to manage.

Because of our desire to better the laws which govern our industry, SCA (Qld) recently held a tremendously successful strata hackathon. That’s a fancy way of saying we spent a day throwing a whole bunch of intensive strata ideas into the air, then put some substance and reality around them when they landed. We will use the ideas and proposals generated from having the industry’s sharpest minds in one room to advocate for best practice reform. The consistent theme amongst attendees was that strata law reform needed to be focused squarely on people, and how they interact with each other and their homes.

One of the core topics was a discussion of bullying, harassment and poor behaviour in strata. Current strata law does not provide for this, demonstrating that strata is about so much than words on a page. It is sad to see this be one of the biggest issues in our sector. Human beings are unpredictable and oftentimes can be quite unpleasant to one another. Legislating against this kind of behaviour is tough. But the vigour with which this was debated indicates that this is a critical issue for many strata industry participants.

Everyone agrees that bullying is a behavioural blight on our society and thoroughly unacceptable.

The experience of the strata community in respect of bullying is an absolute reflection of the broader societal experience. Bullying behaviour causes a great deal of angst within our communities. And the feedback is clear: a huge chunk of people either living in or working with strata have experienced behaviour which to them, is bullying.

SCA (Qld) are investigating several remedies around this issue to put to Government.

Ideas being floated and discussed include a lot owners code of conduct or charter of rights; recourse for strata industry participants to be able to ignore excessive correspondence; and having appropriate authorities declare perpetrators of bullying behaviours vexatious.

Whilst no solution will be perfect and there are pitfalls with all, we cannot let perfect be the enemy of the good, or even, a modest improvement.

Strata disputes, or bad behaviour in strata is unique in that it can invade a person’s home. Homes should be a sanctuary where people can feel safe and secure, not deeply concerned about their safety every time they put their bin out.

There is no silver bullet for this important issue. Human beings, despite assertions to the contrary can all too often be irrational, emotional and unkind.

SCA (Qld) is committed to bringing forth innovative solutions to ensure a substantial improvement in strata conduct, but we know no reform can make people angels.

Chris Irons SCA (Qld) Senior Vice President

www.qld.strata.community 31

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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

ResVu PTY LTD

Customer Service Software for Strata P: 0874778991 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

Urbanise

Automate your workload to increase efficiency.

P:1300 832 852 W: https://www.urbanise.com/ E: marketing@urbanise.com

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@strata.community

ACCOUNTANTS Tinworth & Co

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

FACILITY MANAGEMENT LUNA

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

FRANCHISERS Network Pacific Strata Management Queensland Join our successful team P: 03 9999 5488 W: https://www.networkpacificstratamanagement.com.au/qld/ E: bodycorp@networkpacific.com.au

DELIVERY & COLLECTION SERVICES Groundfloor™

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

ANTENNAS Install My Antenna

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

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BUILDING ENGINEERS & INSPECTORS Budget Vals

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

Seymour Consultants

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

Palmer Acoustics

Specialist Acoustic & Audio Visual Engineering P: 61 7 3802 2155 W: https://palmeracoustics.com/ E: ross@palmeracoustics.com

GQS

Quantity Surveyors & Building Consultants P: 1300 290 235 W: https://gqs.com.au/ E: info@gqs.com.au

HFM Asset Management Pty Ltd Building Efficiency P: 1300 021 420 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

Voltin

10,000 Safer Cities P: 1800 865 846 W: https://www.voltin.com.au/ E: accounts@voltin.com.au

Leary & Partners

Quantity Surveying Services Since 1977 P: 1800 808 991 W: https://www.leary.com.au E: enquiries@leary.com.au

Pircsa Pty Ltd

Professional Insurance Restoration and Consultancy P: 0460 555 077 W: https://pircsa.com.au/ E: steve@pircsa.com.au

QIA Group

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

Solutions in Engineering

Quality Reports On Time, Every Time!

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

Property Safety Services

Your compliance needs, your way P: 0414 558 222 E: contactus@propertysafetyservices.com.au

Forte Asset Services

Operational Excellence in Every Building P: 1300 920 752 W: https://www.forteassetservices.com.au/ E: info@forteas.com.au

Sedgwick

Building Consultancy Division & Repair Solutions W: https://www.sedgwick.com/solutions/global/au E: info@au.sedgwick.com

Core Project Consulting

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

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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

We are different.

P: 07 3193 0500 W: https://hyneslegal.com.au/ E: frank.higginson@hyneslegal.com.au

QUS Pty Ltd

Bugden Allen Graham Lawyers

CHU Underwriting Agencies Pty Ltd

Mathews Hunt Legal

Strata Community Insurance

Stratum Legal Pty Ltd

Flex Insurance

Grace Lawyers

Strata Insurance Underwriting Agency P: 1300 814 011 W: https://www.qus.com.au/ E: qus@qus.com.au Specialist Strata Insurance Underwriting Agency P: 1800 022 444 W: https://www.chu.com.au/ E: info_nsw@chu.com.au 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

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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34 www.lookupstrata.com.au

Specialising in property development & strata law P: 02 9199 1055 W: http://www.bugdenallenlawyers.com.au/ E: info@bagl.com.au BODY CORPORATE LAWYERS... EXCLUSIVELY P: 07 5555 8000 W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au Delivering strategic solutions in strata law P: 07 5406 1281 W: https://www.stratumlegal.com.au/ E: info@stratumlegal.com.au Know. Act. Resolve.

P: 07 3102 4120 W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au

Holman Webb Lawyers

Body Corporate and Strata Dispute Experts P: 61 732 350 100 W: https://www.holmanwebb.com.au/ E: contact@holmanwebb.com.au

CONSULTING Strata Solve

Untangling strata problems P: 0419 805 898 W: https://stratasolve.com.au/ E: chris@stratasolve.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

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

Vision Strata Services

Your local Strata Firm based on the Gold Coast QLD W: http://visionstrata.com.au/ E: info@visionstrata.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

Northern Body Corporate Management

Specialist Body Corporate Management for North Queensland

P: 07 4723 8217 W: https://www.nbcmqld.com/ E: nbcm@bigpond.net.au

Network Pacific Strata Management

Supporting our Qld strata communities P: 07 5609 8677 W: www.networkpacificstratamanagement.com.au/ E: info@networkpacific.com.au

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

Archers the Strata Professionals Your Partners in Strata W: https://abcm.com.au/ E: marketing@abcm.com.au

CLEANING Ai Odour Control Systems

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

DEFECT RESTORATION Building Rectification Services

P: 07 5539 3588 W: https://www.buildingrectification.com.au/ E: admin@buildingrectification.com.au

STRATA REPORTS BIV Reports

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

Covid19 Plans

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

Strataregister.com Pty Ltd

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

INVESTMENT SERVICES Strata Guardian

Fight low returns and rising levies with us.

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

INTERNET & TELECOMMUNICATIONS Spirit Technology Solutions Do IT with Spirit P: 1800 774 748 W: https://www.spirit.com.au/ E: developers@spirit.com.au

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35

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ELECTRICAL

CLOTHES LINES Lifestyle Clotheslines

Altogether Group

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

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

PAINTING

Energy On Pty Ltd

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

EDSI Solutions

Electrical Concierge Services P: 07 3205 7002 W: https://edsi.net.au/ E: admin@edsi.net.au

ENM Solutions

Providing Solutions for Embedded Networks P: 1300 000 366 W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au

FIRE SERVICES Fire Matters

Fire Safety Compliance P: 07 3071 9088 W: https://firematters.com.au/ E: sbauer@firematters.com.au

Hartec Fire Systems

Fire Systems Maintenance & Admin Solutions P: 1300 300 367 W: http://www.hartec.net.au/ E: info@hartec.net.au

SAFETY & SECURITY Pacific Security Group

Experts in electronic security since 2005 P: 1300 859 141 W: https://www.pacificsecurity.com.au/ E: operations@pacificsecurity.com.au

36 www.lookupstrata.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

WATERPROOFING The Superseal Group

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

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

PLUMBING Fair Water Meters

Fair water - fair bills P: 1300324701 W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au

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SUSTAINABILITY & ENERGY The Green Guys Group

Australia’s Leading Energy Saving Partner W: https://greenguys.com.au/ E: sean@greenguys.com.au

Arena Energy Consulting Pty Ltd

Independent Embedded Network Consulting Services P: 0452 411 247 W: https://www.arenaenergyconsulting.com.au/ E: joseph@arenaenergyconsulting.com.au

Humenergy

People, Innovation and Value Sharing P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au

LIFTS & ELEVATORS Innovative Lift Consulting Pty Ltd

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

MARKETING Marketing for Strata

Building Brand Authority & Thought Leadership P: 61 425 232 394 W: https://www.marketingforbusiness.com.au/ E: janette@marketingforbusiness.com.au

Ki Creative Design

Purposeful Design Solutions P: 0451 541 006 E: kiara.mcilroy@gmail.com

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

37

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