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.
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.
Liza came on board in early 2020 to bring structure to LookUpStrata. She has a passion for processes, growth and education. This quickly resulted in the creation of The Strata Magazine released monthly in New South Wales and Queensland, and bi-monthly in Western Australia and Victoria. As of 2021, LookUpStrata now produce 33 state based online magazines a year.
Among other daily tasks, Liza is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.
Liza Jovicic Sales and Content Manager
4 National Webinar: Strata Insurance Commissions. Where do you stand?
LookUpStrata
6 Why isn’t ‘any other business’ an item on our agenda?
William Marquand, Tower Body Corporate
8 Is it time for QLD strata owners to be on a level playing field with owners in other states?
Lannock Strata Finance
10 Who pays for flooring removal and replacement when repairing moisture in the slab?
Michael Kleinschmidt, Bugden Allen Graham Lawyers
12 Does each electronic door lock need a backup power source in case of a power failure?
Jake Sharp, MiMOR
14 Water Damage Claims
Todd Garsden, Mahoneys
16 Investigating a leak after unauthorised renovations
Tyrone Shandiman, Strata Insurance Solutions
18 Can a lot owner request quarterly body corporate meetings?
William Marquand, Tower Body Corporate
20 The body corporate’s duty to investigate
Todd Garsden, Mahoneys
22 Fighting on common property: should we issue a breach notice?
Chris Irons, Strata Solve
24 Fair management of the letting pool
Frank Higginson, Hynes Legal
26 Nuisance created by feeding birds on the balcony
Chris Irons, Strata Solve
28 Are you fire safety compliant?
Stefan Bauer, Fire Matters
30 Are your owners adequately insured?
Rawlinsons Cost Management
32 Setting up a ‘user pays’ system for EV charging
Sarah Price, Altogether Group
34 Animals must enter and exit via the basement
Alanna Hill, Mathews Hunt Legal
36 Congratulations Julie McCarthy 2023 SCA (Qld) President’s Award Winner SCA (QLD)
38 What term can the building manager offer when selling management rights?
Todd Garsden, Mahoneys
40 The QLD LookUpStrata Directory
Join us for an important webinar that delves into the contentious topic of strata insurance commissions. This event is your chance to be part of the conversation.
Our panel of experts will explore the advantages and disadvantages of the current commission systems, highlighting potential cost savings and emphasising the significance of consumer choice. We’ll also delve into the roles of strata managers and brokers, examining the need for transparency and disclosure.
Don’t miss this opportunity. Our diverse panel will debate the evolving landscape of strata insurance and its impact on all stakeholders. Register now to be part of an empowering session that promotes consumer rights and industry best practices.
• The commission system is a valid model for strata management agencies to assist with insurance matters and receive compensation.
• Transparency is essential for consumers to understand how the commission model works and the associated pros and cons.
• Alternative models in the industry offer opportunities for greater diversity and competition, potentially benefiting individual schemes.
• Adopting alternative models may not necessarily result in cost savings for owners and may lead to higher costs.
• If we remove commissions, strata managers will most likely continue to play a role in the insurance process and charge fees for that service.
• The industry must address concerns about questionable practices and promote greater transparency, disclosure and consumer choice.
• The focus should be on ensuring consumers have a greater choice and transparency. Place the priority on the consumer’s best interests in strata insurance arrangements.
• The industry should strive for improved disclosure practices, promote remuneration model choices and monitor the impacts to recommend further reforms if necessary.
• Ongoing education and collaboration among brokers, strata managers and owners corporations is crucial for enhancing understanding and achieving the best insurance options.
• Prohibiting conflicted remuneration, improving fee structures and introducing anti-price exploitation legislation create increased transparency, accountability, competition and confidence in strata management and insurance.
Don’t miss this opportunity to be part of the discussion.
REGISTER NOW.
We have curated a diverse selection of strata professionals, ensuring a broad array of perspectives and viewpoints will be represented.
Date: 22 June 2023
Time: 10 – 11:30 AM AEST
There is a common misconception that general meetings must include an agenda item called ‘any other business.’ However, this is not necessary or recommended if we consider the true purpose of meetings. The primary objective of meetings is to provide owners with information regarding body corporate issues, allowing them to deliberate and vote collectively as a unified body corporate. By their nature, motions and the information necessary to vote on them must be presented to all owners as part of the notice. Any other business matters don’t meet this criteria – the information is only presented informally and doesn’t reach all owners – so they can’t be part of a meeting.
As such, if you want an issue considered by the body corporate, you should submit a valid motion and have it voted on as part of the formal agenda. That is how the committee can hear the voice of owners, and owners can scrutinise the actions of the body corporate.
Our agenda never includes an item for ‘any other business’. We feel the committee does not allow an avenue for lot owners to share their views. Why is this not part of the meeting?
Our upcoming AGM has only the following agenda;
1. Attendance record and apologies
2. Admittance of proxies and voting papers
3. Consideration of motions
4. Election of committee members (must be the last item of business)
As you see, agenda item 4 ‘must be the last item of business’. Is this acceptable?
Shouldn’t we have any other business questions from the floor? We feel this is a way of silencing owners and avoiding scrutiny.
This doesn’t mean additional business is never considered. Meetings are an opportunity for owners to discuss directly with each other. Concluding the official business, tidying up some minor items is not unusual. Managers will often record any discussions along these lines under a notes section at the end of the minutes. This discussion and any decisions made from it are informal only, but depending on the circumstances, they can be helpful to move body corporate issues forward.
It is up to each scheme to determine how they manage this. Some schemes may prefer to keep things straight down the line and allow no additional discussion beyond the agenda items. At other sites, a little Q&A at the end may provide some wider benefit. Speak to your committee and manager and see what they think.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
‘Any other business’ is not necessary or recommended if we consider the true purpose of meetings. However, there may be room for a little Q&A.
Our flooring has been pulled up to repair moisture in the slab. Who pays for the removal and replacement of the flooring? Can we claim this on strata insurance?
My duplex has tiled floors covered by selflevelling concrete and hybrid flooring. The hybrid flooring has been pulled up because the concrete slab holds too much moisture. If we have to remove the self-leveller and tiles and a moisture barrier put in place before relaying the hybrid flooring, who is responsible for this cost? Can we claim these costs on strata insurance?
The nub of the question is the cause of the water in the slab.
The nub of this question is whether the concrete slab is defective by virtue of it retaining too much water or being exposed to water from outside the lot when it should not be. For example, if the lot is on the ground floor, the owner could investigate whether there is a cause for the moisture which the
body corporate is responsible for, i.e. a leaking pipe on common property or an inadequate or absent moisture barrier below the slab.
If the concrete is within acceptable tolerances or there is no evident cause which the body corporate is liable for, then the issue is with the improvement made to the unit in the form of the self-leveling concrete and hybrid flooring. The owner is responsible for that as it lies above the boundary line between the unit and the unit / common property below, which is the midpoint of the concrete slab. From the perspective of the body corporate as the other potentially liable party, I suspect the argument would be that it’s not the body corporate’s responsibility to install a waterproofing membrane inside the lot so that the owner can put down a (moisture sensitive) flooring of their choice. Which way this goes will depend on a sufficient and reliable investigation of what is happening in the lot or common property below, plus some concrete testing.
Michael Kleinschmidt | Bugden Allen Graham Lawyers michael.kleinschmidt@bagl.com.au
Our building is considering installing electronic locks on all doors. What happens when the power goes out? Will each electronic door lock need a backup power source?
If battery operated door handles have a code, fingerprint or fob, these WILL continue to work even in a power outage.
If doors are hard wired and the power goes out, no doors will work.
However, if a system is hard wired to, say, the building entrance door or garage door, and there is a power outage, the doors would only work if there is a backup power battery. Some buildings have backup power batteries that last a few hours or longer. If this is the case, the system will continue to work as long as the backup power battery lasts.
If a building or apartment door uses a battery operated door handle controlled by a mobile phone, the doors will stop working during a power outage as these doors rely on wifi. Wifi is generally connected to the power and, therefore, would not operate during a power failure.
If the battery operated door handles have a code, fingerprint or fob, these WILL continue to work even in a power outage.
To recap:
1. Hard wired doors would not work in a power outage.
2. Doors with a backup battery will work for as long as the backup power battery lasts.
3. Doors that use batteries to operate the door handles and use their mobile phone to open and rely on wifi will not work if there is a power outage as the wifi replies on power unless the power has a backup battery connected.
4. Doors that use batteries to operate the door handles will continue to work if they can be opened via a pin code, fingerprint or fob. A power outage would not affect these doors.
Jake Sharp | MiMOR jake@mimor.com.auREAD MORE HERE
Defects within bodies corporate has been one of the most topical issues in Queensland strata for several years. Our prior article here discussed what a body corporate’s rights were and provided a link to our building defects guide.
Since the flooding of South East Queensland in early 2022, a large number of defects (known and unknown) were identified – unsurprisingly, these mostly related to water ingress.
As a result, over the last 18 months we have seen an increasing trend of:
• claims against bodies corporate for water damage to their lots;
• significant delays in insurance claims being approved or remedial works being undertaken; and
• insurers refusing to renew or offer insurance coverage to bodies corporate if there are known defects.
This article discusses water damage claims being made by lot owners.
If damage to a lot is caused by a defect that the body corporate (or another lot owner) was responsible for, the body corporate can be held liable to:
• remedy the cause of the defect; and
• repair or reimburse the lot owner for the damage to their lot.
This is reflected in section 281 of the Body Corporate and Community Management Act 1997 (Qld) where an adjudicator can make orders (up to specific monetary limits) for the repair or reimbursement of a lot. Any claims for reimbursement or repair outside these limits must be made in a court of competent jurisdiction.
However, in making any such application, the key consideration and difficulty for lot owners is ensuring sufficient identification of a defect, causation and evidence.
A body corporate is not responsible for water ingress generally or for ensuring that lots are watertight.
A body corporate is only responsible for maintaining the various items set out in the module to a particular standard. This means that:
• water ingress in a standard format plan is rarely going to be an issue whereby the body corporate is responsible; and
• water ingress in a building format plan is more commonly an issue the body corporate can be involved in.
For a body corporate (or another lot owner in the scheme) to hold responsibility for water damage over another lot, an aggrieved lot owner must evidence (usually by an expert report) the following:
1. the actual damage caused to their lot; and
2. the cause of the damage to their lot (i.e. the specific item in disrepair). This can be difficult to evidence if a report is sought long after the defect has materialised or without extensive and invasive testing. However, without the cause of the damage being clearly identified there is limited recourse available.
For example, if a lot floods – it is not automatically a body corporate responsibility. The cause of the flood may be from a leak in shower in the unit above – in which the body corporate holds no maintenance obligation over.
Even after the cause of the damage is identified from a factual basis, it must then be proven that the body corporate (or another lot owner in the scheme):
3. holds a maintenance obligation over the item or cause of damage; and
4. failed to meet the maintenance obligation.
Without these four elements an adjudicator (or court) is unlikely to be able to make any orders assisting the aggrieved lot owner. For example, in circumstances where:
• damage to a lot was caused by a gutter overflowing after extreme rainfall; and
• the body corporate was responsible for maintaining the gutter,
this is not sufficient to pass on responsibility to the body corporate.
The gutter itself may be in good condition and of a suitable capacity to meet usual rainfall. In this circumstances the body corporate has not failed to meet its maintenance obligation. Although the water damage was caused by the gutter, it was not caused by the body corporate’s failure to maintain the gutter. This is a key distinction.
Mahoneys dedicated body corporate team includes experienced body corporate lawyers who have developed a detailed understanding of, and experience of dealing with, liabilities for maintenance in bodies corporate.
A lot owner carrying out unauthorised renovations experienced a leak. Is the owner responsible for the excess? Will insurance investigate the cause of the leak?
Our body corporate has six duplexes / 12 units at ground level. Without approval, one lot owner appears to be renovating the interior of their unit.
The kitchen sink and hot water system have been removed. A leak in an internal wall flooded parts of the unit. The leak may have been due to the renovations.
Is the lot owner responsible for the $5000 excess? Will the insurance company carry out a thorough investigation into the cause of the leak?
Several factors will determine how the insurer assesses the claim.
Concerning who is responsible for the excess, Queensland legislation states that for claims affecting one lot only, the excess is usually paid for by the lot owner unless the body corporate decides it is unreasonable in all the circumstances for the owner to pay the excess. Concerning the investigation process, several factors will determine how the insurer assesses the claim. The assessment options are:
1. Assessor: The insurer may appoint an assessor. However, it is important to note that appointing an assessor is an additional cost to the insurer. Assessors are therefore appointed on a case by case basis. If the insurer does not appoint an assessor, they will review the information and documents provided to them as part of their investigation.
2. Insurer Appointed Builder: In the absence of appointing an assessor, the insurer can
also appoint their own builder to report on the damage and quote to repair.
3. Desktop Assessment: If the owner submits all of the documentation and information needed (such as reports from builders, photos, quotes etc.), the insurer may also conduct a desktop assessment of the information provided.
If the committee has specific concerns about the claim, they can discuss these concerns with the insurer when they lodge the claim. While the insurer has the right to decide on how they assess the claim, the committee can also ask the insurer to appoint an assessor to investigate any concerns.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
Can
I understand the legislation in QLD only requires the committee to hold one meeting a year, the AGM. Can I put a motion to the body corporate at the next AGM suggesting we have quarterly body corporate meetings with financial and project reporting or does that contravene legislation? Would the motion be considered out of order?
You could present something along these lines as a valid motion, but even if the motion passes, does it get you where you want to go?
We don’t know all the circumstances here, but there are many different types of body corporate and different ways of running them. Committee meetings are a formal structure around which the operation of
the body corporate can take place and, if well organised, are an effective means of management. However, if you are forcing people to have them, do you think those meetings will produce positive outcomes? Whatever the motivation behind your inquiry, I guess they won’t, so you might want to think of an alternative strategy. As a starting point, you might look at joining the committee and changing the way things run from the inside.
In terms of the financials, it is important they are recorded in meeting documents. If you have a good body corporate manager, the financials should be available to you anytime through an online portal or quickly by request. If these aren’t transparent, that might be a sign of a bigger problem within your community.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
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The waterproofing membrane for a planter box appears to have failed. The body corporate committee is reluctant to investigate in case the report states repairs are required. What is the body corporate’s duty to investigate?
Our scheme has a large, 20 year old concrete planter box sitting on the common property podium with the original waterproofing membrane. There is no doubt the body corporate is responsible for maintaining the box in good condition.
The elastomeric paint on the walls immediately below the box is continually blistering in many spots. The blisters leak water when pierced. The basement car park immediately below these walls has water running into it. The seepage is causing damage.
Two professionals have carried out visual inspections. They have reported the membrane in the planter box has most likely failed, and if so, this is causing the paint to blister and the water ingress into the basement carpark. The reports indicate that the situation will get worse unless rectified. Both professionals recommend inspection by water leak specialists to confirm whether the planter box is the source. The committee opposes proceeding because of possible rectification costs.
Does a body corporate have a duty to investigate the probable cause of a breach of statutory duty to maintain, and if so, does it seem we may be at that stage with this planter box?
The key issue here is that there are already indications the body corporate may be responsible for remedial works. This is sufficient to trigger a duty to investigate. If that investigation leads to work the body corporate is responsible for, it is required to carry out the work – irrespective of the cost. Just because the body corporate is unaware of failing to meet its statutory maintenance obligation does not mean it is discharging it. The maintenance obligation is a strict one, as set out in Klinger & Anor v Body Corporate for Costa D’Ora Apartments:
The statutory duty imposed on the Body Corporate … is one which obliges it to remedy any defect as soon as any of the building parts covered by the duty fall into disrepair or were not operating properly. Failure to do so, once aware, gave rise to a breach of its duty.
The duty to investigate has been discussed by adjudicators as follows:
a. In The Reserve [2017] QBCCMCmr 304 the adjudicator provides (our emphasis):
It is evident that the respondent is aware of its obligation under section 159 of the Standard Module to maintain common property. Similarly, the respondent is aware that under section 281 of the Act, a person who suffers damage to property because of a failure by the body corporate to do so, may seek an order that the body corporate carry out stated repairs or seek reimbursement.
Accordingly, I have made orders requiring the body corporate to engage a suitably qualified professional to investigate the claimed water leak into the main bedroom of lot 16 If the investigation reveals that water is penetrating lot 16, the respondent is to undertake repairs and meet the reasonable cost of repairing damage to the main bedroom that can be attributed to a failure by the respondent to maintain common property.
a. In Ashfield Apartments [2018] QBCCMCmr 117, the adjudicator provides (our emphasis): However, Morgan recommends exploratory work which may lead to repairs being carried out on common property which may remedy damage to the building and/ or Lot 4. In my view, the body corporate has a statutory duty to have this work carried out. I have given the body corporate three months to have the investigations conducted as recommended by Morgan to the extent those investigations relate to common property plumbing, down pipes and drainage systems,
and to the extent the site investigation relates to a soil test. The spending to have the investigations conducted may be approved by the committee if it is within its spending limit (the statutory limit on committee spending is $200 multiplied by the five lots or $1,000). Otherwise it will require body corporate approval at a general meeting or via section 111 of the Act.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
READ MORE HERE
One resident hit another resident on common property, resulting in Police involvement. Apart from actions by external parties, can the resident be issued a breach of by-laws?
An incident occurred on the common property regarding one resident hitting another resident. This resulted in an ambulance and police report etc.
Regardless of any follow-up action with external authorities, could an owner lodge a complaint regarding a breach of by-laws (health and safety)? Would it be reasonable to expect that the complaint and response of the committee be tabled at the AGM with ongoing concerns of continued breach of the by-law?
If you believe a by-law has been contravened out of this incident, then yes, you can seek to have it enforced. But what would it achieve?
It is impossible to comment on the specifics, especially given the by-laws for each scheme can greatly differ. I don’t know what by-laws apply in your instance.
Generally speaking, if you believe a by-law has been contravened out of this incident, then yes, you can seek to have it enforced. Refer to this excellent flowchart from the Commissioner’s Office about how that gets done. Perhaps you also consider there has been a contravention of the legislation in relation to nuisance and hazard arising out of this incident. You could therefore consider pursuing that contravention.
My question to you though: what benefit is there out of either? If the Police attended, there will, I assume, be a process around that. Perhaps including charges and a conviction. It isn’t as though a by-law or nuisance contravention will add anything to the situation. For example, it’s not going to result in the individual being evicted, prevent them from nominating for the committee, using common property, voting at meetings or otherwise exercising their strata rights. Nor is it likely, in my experience, to change the behaviour. If anything, it may inflame an already volatile situation.
This is general information only and not legal advice.
Chris Irons | Strata Solve chris@stratasolve.com.auStrata 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.
Can the letting agent enter into an agreement with owners to sub-let their units? Is this a fair arrangement, or could there be a conflict of interest?
Our building is under the accommodation module. The caretaker is also the letting manager. Can the letting agent enter into an agreement with one or more owners to lease their units and then sub-let them?
Is the caretaker required to have a written agreement with the owner setting out this arrangement? We are concerned about preferential letting arrangements where the letting manager seeks to maximise their return from the sub-lets. Our letting agreement states explicitly that the letting agent will “act fairly and lawfully and not discriminate between owners”.
If a committee member has this letting arrangement with the letting manager, should they declare a conflict of interest?
This style of arrangement may lead to the management of bookings to benefit the manager.
A manager can sublet / provide guaranteed returns to owners and then sublet the unit for profit. Yes, there is a risk that this style of arrangement may lead to the management of bookings to benefit the manager. My experience has been that the Office of Fair Trading is usually pretty interested in letting pools where this sort of arrangement is in place because they are also aware of the potential for conflicts of interest to arise. Inevitably it will happen at times because that is human nature. This is the same reason that lawyers get struck off for trust account fraud. Some people just cannot help themselves, and then everyone gets tainted with the same poor behaviour.
Managers have to balance a fine line between sharing bookings equally and acting on guests’ instructions. This is a never ending battle coloured by views and the quality of the unit itself. One of the bigger issues in short stay management rights can be the disparity of the quality of the individual properties.
The other observations I would make are:
1. This is not a body corporate issue – it is really an owner issue for those who have units in the letting pool;
2. The manager has an obligation to disclose the existence of the arrangement to other owners in the letting pool managed by the manager;
3. I don’t think a conflict arises at committee level purely by virtue of there being an arrangement in place for letting between the manager and the committee member. No matter the arrangement, if that were the case, we wouldn’t have a committee member who was an investor via the manager on a committee in Queensland!
Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au
hyneslegal.com.au/by-laws
Does the legislation deal with residents feeding wild birds on their balconies? This activity is causing bird poo on other balconies.
Residents in our building have been feeding birds on their balconies. This has been disruptive and created a mess with bird seed husks and bird poo on surrounding balconies.
Are there any parts of the legislation or bylaws that could be used in this situation?
Check your registered by-laws. You could also potentially argue this situation is a nuisance or hazard.
There may be a by-law for your scheme which applies. You would need to check your registered by-laws. You could also potentially argue this situation is a nuisance or hazard,
although I’d recommend seeking legal advice in that regard. There is no specific provision for bird feeding under strata legislation.
There is at least one case I am aware of in relation to feeding wild birds, in which a referee has made an order about that situation. You can read that here and determine for yourself if it might apply to your situation. I stress, this is an order made under the so-called ‘BUGTA’ legislation, and not an order of an adjudicator under the Body Corporate and Community Management Act 1997.
This is general information only and not legal advice.
Chris Irons | Strata Solve chris@stratasolve.com.au
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An accurate insurance replacement valuation gives all property owners the peace of mind that in the unfortunate event of loss or damage, the property will be fully covered. Hidden costs are often forgotten, such as demolition works, professional fees and escalation, which can lead to being under insured and result in replacement cost liabilities
Preparing an Insurance Replacement Valuation requires expertise in construction costs, market conditions and the relevant local legislation and insurance requirements Professional Quantity Surveyors are best suited to provide this skillset. The core skills of a Quantity Surveyor includes measurement of building areas, estimating construction costs of buildings, assessing current market conditions and a technical understanding of construction techniques
An Insurance Replacement Valuation should include the following costs:
Capital Construction Costs of Building, External Works and Services
Construction Contingency
Demolition Costs
Professional Fees
Development Application Fees
Escalation during the Design and Documentation Period
Escalation During the Lapse Period
The following items are not usually covered in an Insurance Replacement Valuation:
Loose furniture, fittings and equipment (contents)
Tenancy fit out costs
Loss of revenue/profit
Temporary accommodation costs during the re-building phase
Legal fees
Financing costs
Replacement values should be reviewed annually however, it is not necessary to prepare a full initial cost of replacement every year, it is sufficient to apply a percentage for escalation, however a full review should be undertaken at least every 2-3 years and no more than 5 years
Replacement values should be reviewed annually however, it is not necessary to prepare a full initial cost of replacement every year, it is sufficient to apply a percentage for escalation, however a full review should be undertaken at least every 2-3 years and no more than 5 years
This will ensure changes in demolition and construction costs, alterations and additions to the insured property, or any change in the properties classification will be insured to the correct value
This will ensure changes in demolition and construction costs, alterations and additions to the insured property, or any change in the properties classification will be insured to the correct value.
Additionally, if there have been any asset improvements, refurbishments or extensions then the value will need to be updated as soon as possible to ensure the full value is covered.
Additionally, if there have been any asset improvements, refurbishments or extensions then the value will need to be updated as soon as possible to ensure the full value is covered.
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Rawlinsons Cost Management have been in operation for 70 years. Their team are highly experienced Quantity Surveyors who provide detailed and accurate Insurance Replacement Valuation Reports in accordance with the Australian Institute of Quantity Surveyors (AIQS) best practice and are compliant with local legislative and insurance requirements
Rawlinsons research, compile and edit annual publications on Australian construction cost data which covers all Australian states and territories Rawlinson Australian Construction Handbook is the most extensive library of cost data in Australian. This cost data is used by the team when compiling Insurance Replacement Valuations and ensures that the information used is up to date and in line with current market conditions
Rawlinsons research, compile and edit annual publications on Australian construction cost data which covers all Australian states and territories Rawlinson Australian Construction Handbook is the most extensive library of cost data in Australian. This cost data is used by the team when compiling Insurance Replacement Valuations and ensures that the information used is up to date and in line with current market conditions.
Engaging with Rawlinsons Cost Management to undertake your next Insurance Replacement Valuation will ensure you reduce your risk and can have confidence that the cost of your most valuable asset is adequately insured
Engaging with Rawlinsons Cost Management to undertake your next Insurance Replacement Valuation will ensure you reduce your risk and can have confidence that the cost of your most valuable asset is adequately insured
Our body corporate is looking at installing an EV charging station near the main switchboard. How do we charge the usage back to users?
We provide a few options plus their pros and cons for charging usage of EV chargers back to users in an apartment building.
There are a few ways the body corporate could charge the usage of the EV charging station back to users.
EV Charging & the importance of getting it right
Can a body corporate require you to use the basement for entry/exit of the scheme when accompanied by an animal?
Yes, provided access via the basement is safe and reasonably practical.
It is not uncommon for bodies corporate to impose conditions on where animals can go on common property, such as requiring animals to be brought onto and taken off the scheme via the basement. The intended purpose of such conditions is generally to reduce unwanted contact with occupiers and avoid adverse impacts on the common property.
However, bodies corporate and committees have a duty to act reasonably at all times, and by-laws must not be unreasonable or oppressive (s.94(2), 100(5) and 180(7) of the Body Corporate and Community Management Act 1997). For example, in Grosvenor [2022] QBCCMCmr 305, the Adjudicator considered a by-law that required occupiers to use the basement for entry/exit of the scheme when accompanied by an animal. In this case, the Adjudicator relevantly stated: “[37] A condition such as this would not be invalid simply because it was not the most convenient or desirable means of access for a pet owner. I also do not consider arguments that the basement access is not considered necessary, and that the foyer can be used
by animals without incident, is a basis for an adjudicator to interfere with a by-law that the body corporate has chosen to record. However, if the body corporate is requiring pet owners to use a means of access to the scheme that is not safe or reasonably practical, arguably a bylaw requiring that access would be oppressive or unreasonable.
[42] … there may be times and circumstances in which the basement and the driveway may not be a feasible or practical means of entering and exiting the scheme generally or for particular pet owners. As such, there may be times and circumstances where it would not be reasonable for the body corporate to require only basement access. For example, in instances of extreme weather or during a fire evacuation, or if a particular pet owner has temporary or permanent mobility issues, potentially the insistence of the use of the basement and driveway could be unreasonable.”
Accordingly, if bodies corporate wish to impose a condition requiring animals to be brought onto or taken off the scheme via the basement, the specific circumstances must be carefully considered, including safety and practicality of access and any exceptional circumstances.
Alanna Hill | Mathews Hunt Legal alanna.hill@mathewshuntlegal.com.au
READ MORE HERE
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.
Julie McCarthy has been a member of SCA (Qld) for almost two decades. She has won awards for essay contributions as well as being a winner of Senior Strata Community Manager of the year in 2020. A bubbly and vivacious individual who has never it seems said no to an opportunity to contribute and volunteers an incredible number of hours to our organisation. Julie is a compassionate individual who continues to volunteer as a presenter and education committee member and tirelessly seeks to help all elevate themselves.
At the time of her joining, Capitol (where Julie still works 17 years later) was a small, family run business and she feels extremely privileged to have been there as long as she has to witness its enormous growth and then merger with the Bright and Duggan Group.
Julie describes how much she enjoys the variety of work in strata management every day as we speak. It’s clear that the people aspect of strata is what she gets the most joy out of every day she goes to work. “I love the variety, I love dealing with people and helping them solve their problems,” says Julie.
Julie has been in strata long enough to see trends emerge and she believes they mostly are positive. “ In the old days everything was very informal, AGM’s were done over cups of tea, now we are much more formal and professional.” One of the negative aspects however is the mistrust that has come with a wider variety of information, which isn’t often very specific being thrown at body corporate managers. Julie worries about this new era of armchair experts!
One of the most important elements of Julie’s character that really shines through as we speak is her commitment to others and helping their personal and professional growth. “I love educating others and helping within the industry and seeing staff members grow within our work place, “ said Julie.
It is this sentiment and key part of Julie’s character that comes through perhaps most strongly when discussing the evening of the awards. “ We had a lot of Capitol people up for awards and unfortunately many missed out, I was shocked and honoured when I got the President’s Award but still very sad for many of my team members. Capitol is a really close knit business and we are a team, what one achieves, we all achieve.”
It is this sort of attitude that sums up Julie, and explains why she has been such an effective strata professional for so many years. She is a person who gets great joy out of cooperating and collaborating with others, and working with and leading a variety of people to help them achieve their goals. This selfless attitude led ultimately to an unparalleled contribution to SCA (Qld) over the past twelve months, and indeed over the past 17 years. Julie believes that the opportunities in SCA (Qld) membership lie in helping others, advancing education and professionalism and making great connections and friends. It is this attitude that has led to exemplary service, and the Presidents Award.
Laura Bos General Managerwww.qld.strata.community
The developer of our scheme sold the 25 year caretaking agreements. We changed from the Accommodation Module to the Standard Module. What term can the building manager offer when selling the management rights?
The developer of our scheme sold the 25 year caretaking and letting agreements to a building manager. We were originally under the Accommodation Module. After three years, the building manager sold the management and letting rights. We then changed to the Standard Module.
The new manager thinks he can sell a 10 year agreement. Can he only sell the remainder of the term under the original caretaking agreement? Is he able to offer a 10 year agreement? Notwithstanding the change of module, does the original agreement term remain in force together with any approved extensions?
The management rights agreements entered into, pursuant to the Accommodation Module, will continue to be regulated by the Accommodation Module (i.e. be able to be extended up to 25 years).
Section 128 of the Body Corporate and Community Management Act 1997 (Qld) provides that when a regulation module is changed:
The provisions of the existing regulation module applying to the engagement or authorisation continue to apply to the engagement or authorisation until the engagement or authorisation, including any renewal or extension of the engagement or authorisation, comes to an end.
Accordingly, the management rights agreements entered into, pursuant to the Accommodation Module, will continue to be regulated by the Accommodation Module (i.e. be able to be extended up to 25 years).
There is a view adopted by some lawyers that upon a novation of a management rights agreement (which is one way of structuring a sale), the management rights agreements will then be regulated by the module in place at the time of the novation.
When an agreement is “sold” the remaining term is sometimes discussed with reference to:
1. The current term (being what is already available, including any options) – which is what the original poster is referring to; or
2. The available term (this may be what the manager is referring to, taking into account the novation argument).
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
SCA (Qld) has had a change of leadership this week with Noosa based Team Body Corporate owner Andrew Davidson becoming President.
Andrew has a lifetime of outstanding business experience, having been CEO of Woolworths New Zealand, helped found Kids Help Line in New Zealand and was also a Director of Barnardos. Getting itchy in early retirement, he acquired Noosa Body Corporate in 2015, which owing to its immense growth was recently re-branded Team Body Corporate.
Andrew’s depth of experience across body corporate, executive leadership and notfor-profit is the ideal training matrix to lead SCA (Qld). In addition, Andrew’s calm, considered demeanour and passion for the industry demonstrate he also has the “special sauce” required to lead our sector as we head into our 40th Anniversary year.
As a medium size strata business owner, Andrew is uniquely attuned to the issues facing a huge swathe of our members. He is particularly passionate about ensuring a positive culture in our industry and seeing reform introduced to professionalise and modernise the sector. Andrew, seeing the impact on some of his own staff is particularly eager to see anti-bullying provisions inserted into the Act.
Andrew also see’s positioning strata as part of the overarching push towards greater environmental sustainability as part of his remit as a thought leader in our sector. We are delighted to have an experienced business leader and strata manager taking our organisation forward in a watershed year of reform and celebration.
www.qld.strata.community
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
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
StrataVault
Connecting people, processes, and applications
P: 1300 082 858
W: https://globalvaults.com.au/
E: team@thestratavault.com
Urbanise
Automate your workload to increase efficiency.
P:1300 832 852
W: https://www.urbanise.com/
E: marketing@urbanise.com
Professional TV Antenna Service For You Today
P: 1300 800 123
W: https://www.installmyantenna.com.au/
E: info@installmyantenna.com.au
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
Tinworth & Co
Chartered Accountant & Strata Auditors
P: 0499 025 069
W: https://www.tinworthaccountants.com.au/
E: caren.chen@tinworth.com
Matthew Faulkner Accountancy
Strata Auditing specialists
P: 0438 116 374
W: https://www.mattfaulkner.accountants/
E: matt@mattfaulkner.accountants
LUNA
Building and Facilities Manager
P: 1800 00 LUNA (5862)
W: https://www.luna.management/
E: info@luna.management
Elite Building Managers Australia
Education for Building Managers
P: 0420 520 976
W: https://www.elitebma.com/
E: matt@elitebma.com
RFM Facility Management Pty Ltd
Strata and Specialist Cleaners
P: 1300 402 524
W: https://www.rfmfacilitymanagement.com.au/
E: nathan@rfmfacilitymanagement.com.au
Sedgwick
Building Consultancy Division & Repair Solutions
W: https://www.sedgwick.com/solutions/global/au
E: sales@au.sedgwick.com
QIA Group
Compliance Made Easy
P: 1300 309 201
W: https://www.qiagroup.com.au/
E: info@qiagroup.com.au
BIV Reports
Specialist in Strata Compliance Reports
P: 1300 107 280
W: https://www.biv.com.au/
E: biv@biv.com.au
GQS
Quantity Surveyors & Building Consultants
P: 1300 290 235
W: https://gqs.com.au/
E: info@gqs.com.au
Seymour Consultants
Body Corporate Report Specialists
W: https://www.seymourconsultants.com.au/
E: info@seymourconsultants.com.au
Budget Vals
Built For Strata
P: 1300 148 150
W: https://www.budgetvals.com.au/
E: reports@budgetvals.com.au
Palmer Acoustics
Specialist Acoustic & Audio Visual Engineering
P: 61 7 3802 2155
W: https://palmeracoustics.com/
E: ross@palmeracoustics.com
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
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
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
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
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
Strata Energy Services
Simplifying Energy For Strata
P: 1300 060 111
W: http://www.strataenergyservices.com.au/
E: info@strataenergyservices.com.au
Strata Insurance Solutions
Protecting owner assets is who we are.
P: 1300 554 165
W: https://www.stratainsurancesolutions.com.au/
E: info@stratainsurancesolutions.com.au
Whitbread Insurance Brokers
Empower Your Vision
P: 1300 424 627
W: https://www.whitbread.com.au/
E: info@whitbread.com.au
CHU Underwriting Agencies Pty Ltd
Specialist Strata Insurance Underwriting Agency
P: 1800 022 444
W: https://www.chu.com.au/
E: info_nsw@chu.com.au
Strata Community Insurance
Protection for your strata property. And you.
P: 1300 724 678
W: https://www.stratacommunityinsure.com.au
E: myenquiry@scinsure.com.au
Flex Insurance
Your Cover Your Choice
P: 1300 201 021
W: https://www.flexinsurance.com.au/
E: info@flexinsurance.com.au
Driscoll Strata Consulting
Knowledge | Experience | Service
P: 0402 342 034
W: https://driscollstrataconsulting.com.au/
E: enquiries@driscollstrataconsulting.com.au
Sure Insurance
Sure. Insurance, but Fair
P: 1300 392 535
W: https://sure-insurance.com.au/strata-hq/
E: strata-quotes@sure-insurance.com.au
Pacific Security Group
Experts in electronic security since 2005
P: 1300 859 141
W: https://www.pacificsecurity.com.au/
E: operations@pacificsecurity.com.au
Mahoneys
Body Corporate Law & Dispute Resolution Experts
P: 07 3007 3777
W: www.mahoneys.com.au/industries/bodies-corporate-strata/
E: info@mahoneys.com.au
Hynes Legal
We are different.
P: 07 3193 0500
W: https://hyneslegal.com.au/
E: frank.higginson@hyneslegal.com.au
Bugden Allen Graham Lawyers
Specialising in property development & strata law
P: 02 9199 1055
W: http://www.bugdenallenlawyers.com.au/
E: info@bagl.com.au
Douglas Cheveralls Lawyers
The Go-To Strata Lawyers
P: 08 9380 9288
W: https://www.dclawyers.com.au/
E: office@dclawyers.com.au
Mathews Hunt Legal
BODY CORPORATE LAWYERS... EXCLUSIVELY
P: 07 5555 8000
W: https://mathewshuntlegal.com.au/
E: admin@mathewshuntlegal.com.au
Grace Lawyers
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
Strata Solve
Untangling strata problems
P: 0419 805 898
W: https://stratasolve.com.au/
E: chris@stratasolve.com.au
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
Quantum United Management
Creating vibrant and connected communities
P: 61 38360 8800
W: https://www.quantumunited.com.au/
E: info@quantumunited.com.au
Groundfloor™
Australian parcel, mail, and refrigerated lockers
P: 03 9982 4462
W: https://groundfloordelivery.com/
E: ask@groundfloordelivery.com
Actualised Industries
A breath of fresh air
P: 1300 728 760
W: https://www.actualisedindustries.com.au/
E: admin@actualisedindustries.com.au
Building Rectification Services
P: 07 5539 3588
W: https://www.buildingrectification.com.au/
E: admin@buildingrectification.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
Rawlinsons
Calculated Confidence
P: 08 9424 5800
W: https://www.rawlinsonswa.com.au/
E: info@rawlinsonswa.com.au
Strata Guardian
Fight low returns and rising levies with us.
P: 1300 482 736
W: https://www.strataguardian.com/
E: contact@strataguardian.com
Network Pacific Strata Franchise
Join our successful team
P: 03 9999 5488
W: https://www.networkpacificstratamanagement.com.au/qld/
E: bodycorp@networkpacific.com.au
Altogether Group
Power.Water.Data
P: 1300 803 803
W: https://altogethergroup.com.au/
E: eaustin@altogethergroup.com.au
Energy On Pty Ltd
Providing utility network solutions
P: 1300 323 263
W: https://www.energyon.com.au/
E: EnergyServices@EnergyOn.com.au
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
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 Matters
Fire Safety Compliance
P: 07 3071 9088
W: https://firematters.com.au/
E: sbauer@firematters.com.au
Fair Water Meters
Fair water - fair bills
P: 1300324701
Lifestyle Clotheslines
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
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
Windowline Pty Ltd
Australia’s strata replacement window & door specialists
P: 02 8304 6400
W: https://windowline.com.au/
E: info@windowline.com.au
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
Austrata Finance
Pay Now or Pay Later: It’s Your Choice®
W: https://fairwatermeters.com.au/
E: info@fairwatermeters.com.au
Asset Strata Valuers
Leaders in Strata Property Valuations
P: 1800 679 787
W: https://assetstratavaluers.com.au/
E: workorders@assetstratavaluers.com.au
P: 1300 936 560
W:https://austratafinance.com.au/
E: info@austratafinance.com.au
The Green Guys Group
Australia’s Leading Energy Saving Partner
W: https://greenguys.com.au/
E: sean@greenguys.com.au
Humenergy
People, Innovation and Value Sharing
P: 1300 322 622
W: https://www.humenergy.com.au/
E: Info@humenergy.com.au
Ki Creative Design
Purposeful Design Solutions
P: 0451 541 006
E: kiara.mcilroy@gmail.com
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
sharonbennie – Property Recruitment
Matching top talent with incredible businesses
P: 0413 381 381
W: https://www.sharonbennie.com.au/
E: sb@sharonbennie.com.au
LIFTS & ELEVATORS
Innovative Lift Consulting Pty Ltd
Australia’s Vertical Transportation Consultants
P: 0417 784 245
W: https://www.ilcpl.com.au/
E: bfulcher@ilcpl.com.au
The Lift Consultancy
Trusted Specialised Advice
P: 07 5509 0100
W: https://theliftc.com/
E: sidb@theliftc.com
ABN Lift Consultants
A team of friendly, open minded professionals
P: 0468 659 100
W: https://www.abnlift.com/
E: andrew@abnlift.com