The QLD
STRATA MAGAZINE MAY 2022
Is the body corporate responsible for keeping a building watertight? Page 16 | Mahoneys
The easiest pathway to get approval for hard flooring Page 20 | Strata Solve
When parking breaches are enforced... but is this too extreme? Page 30 | 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.
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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.
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Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au
2 www.lookupstrata.com.au 2 www.lookupstrata.com.au
Contents 4 Our Body Corporate has restricted resident access to services
20 The easiest pathway to get approval for hard flooring Chris Irons, Strata Solve
William Marquand, Tower Body Corporate
6 MIMOR puts residents in charge MiMOR
8 Presenting meeting minutes as a spreadsheet Chris Irons, Strata Solve
10 Litter falling (or being thrown) from above Michael Kleinschmidt, Stratum Legal
12 Is it time for QLD strata owners to be on a level playing field with owners in other states? Lannock Strata Finance
14 How do you stop a lot owner from cleaning the roof? Todd Garsden, Mahoneys + Tyrone Shandiman,
22 Fire warden responsibilities in Body Corporate Stefan Bauer, Fire Matters
24 How do we leave an embedded network when charges are too high compared to other services? Drew McKillican, Altogether Group
26 Do offsite caretakers provide the same level of service? Frank Higginson, Hynes Legal
28 Ongoing approval for ongoing maintenance William Marquand, Tower Body Corporate
30 When parking breaches are enforced... but is this too extreme? William Marquand, Tower Body Corporate
Strata Insurance Solutions
16 Is the body corporate responsible for keeping a building watertight? Todd Garsden, Mahoneys
18 Automating support functions in strata management
32
Mental health and the strata sector SCA (Qld)
34
The QLD LookUpStrata Directory
Urbanise
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Our Body Corporate has restricted access to services Residents have an existing card system for opening electronic gates. A new fob system has been installed for the building manager’s maintenance needs but residents have been refused use. Is this correct? Our Body Corporate maintains a card system to open the automatic gates to our villas. The Body Corporate has installed a second system using a remote fob. This new fob system has been installed for the use of the building manager and select service providers. Residents have been denied use of the new fob system. We have many older residents who have great difficulty putting their arm out the window and using the card system and would be safer using a remote fob. Can the Body Corporate deny us access to the system? We are happy to pay for our own remote fobs.
There may be a more practical solution here than simply asking if the technicalities of the law have been adhered to. While common property is paid for by all owners, it is possible for the body corporate to restrict access to it where appropriate. Sometimes there are good and obvious reasons for this – areas like the roof and the switchboard may be common property, but they are generally not suitable for unrestricted access. 4 www.lookupstrata.com.au
In this case it is not clear what the rationale behind the restriction is, so it is hard to say if the restriction is appropriate. As an owner you can reasonably ask the committee or body corporate manager for an explanation and that might inform your next move. It could well be that there is a good safety or security reason for the limitation and in that case you might accept the change. If the limitation is in place just to save money, that might not be sufficient in and of itself. You can also investigate whether the decision to install the new system was reasonably made. For example, was the new system approved at a general meeting or was it a committee decision? If it was the latter there may be more grounds for a challenge. Send your questions through to the Committee and body corporate manager and see what comes back. I also wonder if there is a more practical solution here than simply asking if the technicalities of the law have been adhered to. The main issue seems to be a fairly straightforward site maintenance issue – some owners would like an upgrade to the access system. Is there a reason why quotes for this can’t be provided and voted on? As you have a building manager they could probably organise this for you. Perhaps there are some other issues at the scheme that make this kind of thing complicated, but treating issues in their simplest form is often the easiest way to resolution.
READ MORE ON THIS TOPIC HERE
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
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Mimor puts Residents in Charge Building Information What day do the bins go out? Which electricity supply is the building with? When is hard rubbish collection? Moving into a new apartment block raises many questions, with the leasing agent or building manager often fielding most of the enquiries. But what happens when you need the answers quickly or after hours?
Australian entrepreneur Jake Sharp has solved the communication challenge, creating the Move In Move Out Register – MIMOR as 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 booking facilities and common areas, general announcements and real-time communications via email and SMS alerts.
EVERYTHING YOU NEED TO KNOW ABOUT A BUILDING IN ONE PLACE, ACCESSIBLE 24/7.
Instead of having to search for leaflets or chase managers and agents, through MIMOR residents have easy access to vital building information 24 hours a day. At the click of a button, they can find the latest information regarding gas connections, electricity suppliers, water rates, internet availability, pets, connecting to Foxtel, how to obtain extra keys, Owners Corporation Rules, and emergency contacts and evacuation plans. “It just makes sense to collate and centralise information necessary to individual needs as well as communal living, particularly details and contacts for essential services such as power and water utilities,” Sharp said.
“The scope of information is tailored to a building’s size and facilities, and can be added to or updated at any time, without the manager having to resort to reprinting leaflets or sending letters to hundreds of residents, so it’s far more convenient for them as well.’’ “I have even had feedback from long-term residents saying they had discovered a lot of useful information about their building after the owner’s corporation switched to MIMOR.” Information regarding lift dimensions and basement car park heights can also be included for residents moving in or out, which can also be booked through the MIMOR platform. Functionality also
info@mimor.com.au
extends managing parcel deliveries and collections, as well as booking common areas and building facilities. MIMOR’s email and SMS communication function can also notify residents of urgent building information such as planned power outages, maintenance or emergency repairs. MIMOR subscriptions are scalable, from three apartments to more than 500, and the platform is being translated into 10 languages, with a mobile app version to launch soon.
For more information, go to
mimor.com.au
mimor.com.au
7
Presenting meeting minutes as a spreadsheet
As a record of the meeting minutes, can our committee use a spreadsheet that is updated at the meeting and covers all agenda items? This spreadsheet would be saved as a .pdf and uploaded to our portal as a permanent record. Chris Irons | Strata Solve chris@stratasolve.com.au
8 www.lookupstrata.com.au
This sounds like it might be a really good idea! I don’t see why not and in fact, it sounds like it might be a really good idea. A spreadsheet would enable readers to search via issue, date, name and so on, which would make it arguably a more useful document. READ MORE ON THIS TOPIC HERE
From a legislative perspective, there’s no provision for the ‘format’ of minutes. Section 71 of the Standard Module (equivalent provisions elsewhere) provide for what actually needs to be in the minutes of a committee meeting (the substance of the minutes is more important than how they are presented) and so long as you comply with that, your spreadsheet idea should be fine too.
9
Litter falling (or being thrown) from above All residents on the podium level of our building have experienced items falling or being thrown from units above into their courtyards. The BCM has repeatedly sent letters to all residents, but the problem persists. What’s the next step? I live in a 17 floor apartment regulated under the Standard Module. The unit I own is on a podium level which has an extended courtyard area, as do all units on this floor. Over the months, all podium residents have had things fall or be thrown onto our courtyard, including cigarettes, glass, dirt, oil, food, animal faeces, bottles of beer/wine, a floor lamp and a paint can. We continually express our concerns to the BCM as we are scared these falling items will cause more property damage, or death or injury to a person. Each time we express our concerns, the BCM sends a letter to the residents reminding them of the by-laws to not cause items to fall or be thrown off balconies. However, such conduct keeps occurring and the BCM will not take any further action. We know our lots are our own responsibility and it is difficult to pinpoint the perpetrator/s, but what can we do to stop this? We are scared to use our courtyards. Is there any course of action against the Body Corporate? 10 www.lookupstrata.com.au
Read on for a ‘standard’ answer and a ‘fun’ answer to your question. It never rains but it pours… litter. Ancient Romans had the same problem in their ‘insulae’, but as the most expensive apartments were on the ground floor (no elevators!) the solution was fixed screens to minimise the litter thrown down. While you don’t have the right to erect screens, you have at least two ways of taking action. Each however relies on evidence of high quality. For example, an eye witness statement, video or photograph/s of litter leaving a persons hand and then landing in your courtyard. Even good circumstantial evidence may not be enough; see Montego Sands [2020] QBCCMCmr 160. So, set up some cameras and / or get your thinking cap on about how to obtain that smoking gun evidence. Once you have it, the next thing to do is to consider whether the littering breaches a by-law or constitutes a nuisance or unreasonable interference with the use of your lot. In the former case, draw up a BCCM Form 1 Notice to Body Corporate of Contravention, staple your evidence to it, and hand it over to the Body Corporate. What you do next in that process, depends on what the Body Corporate does.
In a perfect world, the Body Corporate enforces the by-laws against the litter bugs! In an imperfect world, when the Body Corporate (almost inevitably) does nothing, you can bring a dispute resolution application against the Body Corporate seeking orders that it enforce the by-laws against the litter bugs. If the littering does not breach a by-law, but it is a nuisance (in the technical legal sense), or an unreasonable interference with the use and enjoyment of your lot (here is one of mine that explains what that is – (Miles v Gough [2017] QCA 190) then you can start a dispute resolution application against the litter bugs directly. In that application you seek orders that the littering not be repeated. Now, that is the ‘standard’ answer to your problem. Here is a fun answer! (Fun for lawyers at least). Grab the Body Corporate insurance invoices for the last 4 or 5 years. Then, with your courtyard neighbours, do some statutory declarations as to the nature, volume and frequencies of the rain of litter. Ensure that those declarations make clear that the litter
is not being generated in the courtyard itself, but is coming from above. Next, get yourself a good lawyer’s letter to the body corporate’s current insurer, attaching the statutory declarations and pointing out the risks arising from the rain of litter; damage to property, injury, death… make sure you copy the Body Corporate committee when your lawyer sends the letter. Odds are that the premium will then go up. When it does, propose a motion at the next general meeting under section 201(2) (c) of the Standard Module, that the courtyard owners be exempt from paying the increase in premium. Nothing like hitting the litter bugs in the back pocket. Of course, by the time the lawyers letter goes, you will already have the committee’s attention and who knows, they may even start doing something about the issue before the premium increases!
READ MORE ON THIS TOPIC HERE
Michael Kleinschmidt | Stratum Legal info@stratumlegal.com.au
11
Is it time for QLD strata owners to be on a level playing field with owners in other states?
The combustible cladding crisis facing many unit owners across Australia and the urgent need to return buildings to adequate safety levels has prompted many to question the majority required by bodies corporate in Queensland should they decide to borrow. Many readers will be pleased to know that the private strata lending sector is able to assist strata owners with the funding required to remediate their properties. More specifically, Lannock is on record as committing to fund 100% of the cladding and defect rectification cost of all affected strata properties in Queensland. A limiting factor in the private sector’s ability to assist strata owners in Queensland is the current strata legislation which provides that a decision by a body corporate in the
standard module to borrow must be made ‘without dissent’. ‘Without dissent’ simply means that no vote is cast against the motion – but that means that just one person in a body corporate can frustrate the wishes of the majority. The unfortunate reality is that few bodies corporate are able to achieve this hurdle.
“one person in a body corporate can frustrate the wishes of the majority” This is particularly problematic when it comes to the removal of flammable cladding as in most instances owners will be unable to unanimously agree on exactly how to fund it.
In many unit blocks there may be owners wishing to fund the work out of their savings, however there will be many owners who are unable to afford such a large one-off expense and need to explore other funding methods, such as a strata loan. Strata managers and owners in Queensland may be surprised to learn that in most other states, the decision by the body corporate on how cladding rectification will be funded can be made with a simple 50% majority vote and in others with 75% of votes in favour of the resolution. I think we can all agree that the decision on how to fund the removal of combustible cladding is very important for all bodies corporate and should require strong support. However, the urgency of this situation should be cause for us all to ask if just one or two ‘rogue’
owners should have the not anywhere near the ability to block the wishes of rectification costs facing the majority? many bodies corporate. It has been pointed out that any failure of a resolution to pass without dissent can be challenged in the Commissioner’s Office, but this can take years. This is precious time that residents of buildings affected by combustible cladding do not have. Some people will point to the borrowing limit that already exists, but at $250 per unit, that’s
“This is precious time that residents affected by combustible cladding do not have”
Do you have a strata project that is needing finance?
Given the urgency of this situation and the ability of companies like Lannock to fund the work required immediately, we should be all asking ourselves whether a ’no dissent’ voting requirement is a step too far. I think the answer is a very strong, unambiguous ‘Yes!’ This article is brought to you by
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How do you stop a lot owner from cleaning the roof?
In our body corporate building, despite repeated requests a lot owner refuses to stop cleaning his roof. We are concerned about insurance issues. We are under the accommodation module. If the roof is deemed to be common property, the body corporate can be drawn into a personal injury claim if the lot owner is injured while cleaning the roof.
14 www.lookupstrata.com.au
Tyrone Shandiman, Strata Insurance Solutions: Strata insurance policies provides cover for amounts the body corporate becomes legally liable (including defence costs) for personal injury or property damage claims. In this instance, if the roof is deemed to be common property, the body corporate can be drawn into a personal injury claim if the lot owner is injured while cleaning the roof. When a personal injury claim is made, insurers will consider defences available to the body corporate and if the committee has previously written to the lot owner expressing safety concerns and advising the lot owner they are not authorised to be on the roof without permission of the body corporate, the insurer would likely consider this as part of their defence.
It is a requirement that body corporate takes reasonable action to minimise claims and it would be difficult for an insurer to find the committees actions were not reasonable in the event an owner were to simply disregard requests from the committee to not be on the roof.
Todd Garsden, Mahoney: If the cleaning works is something the lot owner is responsible for (usually a standard format plan), then the owner is entitled to carry it out. However, they must do so in a way that does not cause a hazard. If they are causing a hazard the body corporate has the ability to restrain this.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
If it is work the body corporate is responsible for carrying out (usually a building format plan such that the roof is common property) then the owner should not be carrying out the works. To do so would ordinarily amount to a contravention of the by-laws. In this circumstance the body corporate should write to the lot owner to: 1. protect its position from any liability claim if there was an injury; and 2. meet its obligations to enforce any by-law contraventions.
READ MORE ON THIS TOPIC HERE
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
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Is the body corporate responsible for keeping a building watertight? What are the maintenance responsibilities of a Body Corporate when it comes to water ingress? Which section of the body corporate legislation refers to the maintenance responsibilities of a Body Corporate for a Queensland Building Format Plan 12 story apartment block under a Standard regulation module? Our building has a water ingress issue with rain and wind driven rainwater entering from balconies and damaging the building. Once inside, the rainwater accumulates behind internal walls, bubbles paintwork then leaks out from the ceiling and cornices, down walls and soaks into the carpet. Who is responsible for repairs? It is my understanding the Body Corporate is responsible for maintaining the waterproofing membrane but who has to pay for the damage caused by the water? If the BC pays for the waterproofing membrane, are the Lot owners left to replace carpets, fix walls, repaint etc?
There is a common misconception that the body corporate is responsible for keeping a building watertight.
16 www.lookupstrata.com.au
Section 180 of the Body Corporate and Community Management (Standard Module) Regulation 2020 (Qld) sets out the body corporate’s maintenance obligations for common property.
The body corporate would only be responsible for the water ingress repairs and damage to the lot if the cause of the water ingress specifically relates to an item the body corporate is responsible for.
Yo u r B o d y C o r p o r a t e E x p e r t s
There is a common misconception that the body corporate is responsible for keeping a building watertight. That is not the case if the cause of the water ingress is due to something a lot owner is responsible for, which can include (as just some examples): • I mprovements made to the lot or common property; or •D efects in the lot (such as the tiles and not the membrane). For this issue the first step would be to obtain an expert report which makes a conclusion as to the cause of the water ingress. From there the responsibility can be apportioned to the correct party or parties.
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
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
READ MORE ON THIS TOPIC HERE
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AUTOMATING SUPPORT FUNCTIONS IN STRATA URBANISE STRATA: MANAGEMENT THE MOST COMPREHENSIVE STRAT
MANAGEMENT SOFTWARE IN THE C
www.urbanise.com/strata
CONTACT US FOR INFORMATION www.lookupstrata.com.au Urbanise is a Corporate 18
Member of SCA NSW
TA CLOUD
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Shaun Meyrick Business Development Manager Urbanise Strata email: shaun.meyrick@urbanise.com mobile: (+61) 412 360 666
Time is a precious commodity, especially for strata managers.
Invoice Processing
With recent innovations in technology and automation, the average strata manager and support team members have become much more efficient now compared to 20 years ago. At its core, the Urbanise Strata solution is a sophisticated strata accounting and operations platform which allows strata managers to automate their work and optimise efficiency. It is provided as Software as a Service (SaaS) offering to clients. With innovative leading-edge strata management software platforms, your data sits in the cloud, allowing real-time access to remote team members and clients. Customised configurations also give you full control over your team member’s access level, making remote working easy to set up and efficient, whilst protecting sensitive business data. Invoice processing A number of providers offer support services for invoice processing (either at piecemeal or per hour rates) for what is effectively basic data entry. This work has become particularly cost effective with bulk Account Payable processing software using learning algorithms capable of data entry. With Urbanise Strata, clients can turn on the QuickAP integration which automatically digitises the data from invoices received and begins processing them. Please click here to download the QuickAP brochure. Collections With a solid policy and process in place, an outsourced provider can handle this for you by accessing the data directly from Urbanise Strata and updating the records without any need to send or receive/reconcile data with the strata manager. Inbuilt auto-escalation tools allow the platform to handle escalation communication automatically, allowing your team to better utilise their time on other collection activities.
Personal assistance and general administration There are many tasks that can best be described as general. Everything from digitising copies of files to updating supplier records and responding to simple email enquiries. Software has automated many processes and requires only the occasional check by a person while everything else is done automatically. Processes including Business Activity Statements, client invoicing, levy generation, meeting agenda and minutes creation, task generation, report creation and issuance, and many other processes/tasks can be set up to be done automatically. StrataVote meeting module By fully integrating with the industry leader in meeting management, StrataVote Agendas, minutes and other important meeting documents can be generated automatically with minimal risk of human error. Owners can vote electronically and tally tools to ensure that there is no wait while poll votes are counted. Please click here to download the StrataVote meeting module brochure.
Collections
Mail room Integrated solutions such as ePost can remove the need for any user involvement other than setting the system up. Invoices, reports and the like can be checked in the event of an email bounce. If there is no email, an automatic instruction is sent to the mail room to send a physical piece of mail. After set-up, this can be done 100% automatic with no human involvement in the process. Please click here to download the ePost brochure. If you would like to learn how automation can help you with strata management, please feel free to contact Shaun Meyrick at shaun.meyrick@urbanise.com. As a former head of strata management in the Middle East and with experience in Australia, Shaun is always happy to share experiences in this space. Connect with Shaun on LinkedIn here.
Accounting You may not need a full-time accountant in most strata businesses. There are accountants and former strata specialists that can access your system remotely and assist with this. There are also tools such as an auto-journaling tool that automatically divides a multi-period invoice across the respective months. Simply select a start and end date when uploading an invoice and this tool automatically works in the background.
1300 832 852 marketing@urbanise.com www.urbanise.com.au
Shaun and the team will also present Urbanise at the upcoming events, please come by and say hello. SCA National Convention (Australia & NZ), 31/05/2022 to 01/06/2022, Melbourne Convention Centre.
19
The easiest pathway to get approval for hard flooring
As part of the approval process for changing carpet to hard flooring, my body corporate has issued me with a list of requirements. While I do intend to install appropriately flooring, as we have no bylaw regarding these requirements, do I have to follow them? I wish to change the flooring in my unit from carpet to hard flooring. Our body corporate states I need to lodge an application for them to approve the scope of works, appearance of flooring product, and acoustic characteristics. After installation, I will also need to pay for testing to ensure the flooring has an acoustic rating below a certain db level. What concerns me is that none of the above requirements are listed anywhere in our bylaws, other than a general provision to not cause excessive noise. While I do intend to install appropriately flooring, if there is no bylaw regarding these requirements, do I have to follow them? 20 www.lookupstrata.com.au
The by-law is not the only issue at play. You raise an interesting question. On the face of it, if the by-law is not detailed about what is expected of you for compliance, then you literally cannot comply with what is not stated and it is arguable the committee has no basis to ask it of you. That said, the by-law is not the only issue at play. There is a provision in Queensland legislation regarding nuisance and it is reasonable for the body corporate to take that into account. Again though, we run into the same issue, namely, the lack of specificity. Looking at the issue from a process perspective: you have been asked to make an application and supply certain information. It’s not clear if you have made your application as yet. If not, when you do so, you might like to inform the body corporate of your intention to install ‘appropriately quiet flooring’ and you hopefully can objectively articulate what that means. At that point, the committee will either accept your application or ask you to supply more information. You then have a decision to make: do you go ahead and comply with their request regarding db levels, noting what I’ve said above, or do you decline to do so? If you choose the former, there’s a cost to you (as well as effort). If you choose the latter, the committee presumably will refuse your application and you are then left with the next decision, whether to challenge that refusal. This is not the yes/no answer you were hoping for. From experience, I can tell you that hard flooring ‘issues’ are both commonplace and challenging to resolve. I can also tell you from experience that the inverse – noise disputes arising out of hard flooring – are equally commonplace and challenging. My suggestion: negotiate with the committee now, while you can. Ask questions about the decibel levels, where they come from and on what basis they are being required. Be clear about you would be willing to do to mitigate noise. Then, depending on results of those negotiations, make a cost/benefit analysis of what your next move will be. There can be literally months and years of dispute, and significant expense, which might follow. READ MORE ON THIS TOPIC HERE
Chris Irons | Strata Solve chris@stratasolve.com.au
Supporting Owners and Strata Managers with tailored remediation and repair solutions
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Fire warden responsibilities in Body Corporate 22 www.lookupstrata.com.au
What is required of a fire warden within our body Corporate? The responsibilities of a fire warden are dependent on the building’s emergency procedure. There is no simple answer to this question. In general, the responsibilities of a fire warden are dependent on the building’s emergency procedure. These may be different depending on the type of occupancy and the building size and height. As part of the emergency control organisation, the warden should be familiar with what to do if an emergency situation occurs. Depending on the emergency, the warden should implement the emergency procedure and communicate the relevant information with the other members of the emergency control organisation. The warden should also be familiar with the operation of any fire safety installation within the building. Wardens should also partake in any pre/post emergency meetings.
READ MORE ON THIS TOPIC HERE
Stefan Bauer | Fire Matters sbauer@firematters.com.au
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23
Embedded Networks
How do we leave when charges are too high compared to other services?
How can residents leave an embedded network when the prices charged are not the best in the market. This question is applicable to New South Wales and Queensland. I’m a property manager and I have a few properties in complexes where embedded networks exist. I’m often asked by tenants how they can leave the embedded networks due to the prices charged. They sometimes find these charges are not the best in the market. Can you explain how to go about leaving and what impacts there are for any body corporate, the owner and the tenant?
Your Embedded Network Manager is legally obliged, without a cost to you, to assist you in selecting an alternative product of your choice. If you’re in an embedded network and you’re not getting a better deal than you could get if you were to leave the network, then something is fundamentally wrong with the arrangement you have with your onseller or the seller’s agent. The cost structures of embedded networks are such that there are almost no circumstances in which you should be paying more and you should be paying significantly less. So there are questions to be answered as to why the residents are not getting a better deal, because they absolutely should be. 24 www.lookupstrata.com.au
Regarding leaving the network, it is a matter of law that all residents, whether you’re an embedded network or not, are entitled to exercise their power of choice. A resident absolutely can leave an embedded network but they shouldn’t need to because they should always be getting the best deal. Depending on the age of the network and the supplier that built the network and the infrastructure (the electricity metre) you have, it may not meet the necessary standards to be supplied electricity by the normal markets. If you were to use an authorised provider (and certainly with us, we do this as a default when we step in as the authorised party managing an embedded network for our clients), if those metres do not provide the resident with the freedom to choose another retailer without having to invest in new infrastructure, then we will instal that infrastructure at our own cost. When these laws change, the embedded network would have appointed an Embedded Network Manager. Your body corporate or the agent that’s operating on their behalf will provide you with your Embedded Network Manager’s contact details. They are legally obliged, without a cost to you, to assist you in selecting an alternative product of your choice. It’s really important to note that you do have that right. If they’re implying you can’t leave or trying to dissuade you from doing so, that is a breach of their obligations. You have absolutely the right to choose your own supplier. READ MORE ON THIS TOPIC HERE
Drew McKillican | Altogether Group DMcKillican@altogethergroup.com.au
the altogether academy Helping to educate and innovate for a better tomorrow. At Altogether, we’re a multi-utility service provider on a mission to make the world a brighter place. We’re passionate about creating sustainable communities. Leaders in the utility industry, we continuously lobby the government on matters to help improve customer protections. With imminent legislation changes on the way, we’re also well positioned to help Strata Managers and Body Corporates navigate their way through the new obligations and rights. That’s why we’re here to help with the Altogether Academy.
Altogether Academy is a program that will educate, empower, and support all strata managers, while covering education topics such as: • Energy fundamentals • Embedded networks • Sustainable technology such as electric vehicle charging capability • Utility data and metering • Government reform and utility regulation The program will give you the opportunity to learn from some of the energy industry’s most experienced voices, learn soft skills and take part in networking opportunities. Take control of your career, embrace Altogether Academy and talk to a Senior Energy Consultant today.
SCAN H ERE
For more information, or visit altogethergroup.com.au
power. water. data
25
Do offsite caretakers offer the same level of service? As caretakers of a body corporate in SEQ, we wish to move offsite. Our contract states we must live on site. How do we remove this clause from our agreement? We are caretakers for a body corporate in SEQ. We have outgrown our current on site premises and wish to move into a bigger dwelling close by. It is a condition of our contract that the caretaker must live on site. How do we go about removing this from clause our agreement? 26 www.lookupstrata.com.au
You’ll need to convince people that living offsite won’t change service standards. The obligation to live onsite is a matter of contract. That means that if you want to remove that obligation the body corporate needs to agree to the variation of that
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part of your agreement by ordinary resolution – which is more votes for the change than against it from those who choose to vote. The biggest issue with this, in my experience, is convincing people that you living offsite won’t change the service standards that have been available in the past.
Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au
A leader in servicing the strata industry Tax Depreciation Insurance Valuations Sinking Fund Forecasts Defect / Condition Reports (QBCC licensed)
Call 1300 290 235 or visit gqs.com.au
GQS complete on average over 2,000 property consultancies each year, all across Australia. Our experience will provide valuable input to any investment, business or personal, often saving you thousands of dollars. 27
Ongoing approval for ongoing maintenance
We recently held a general meeting to obtain approval to reline broken pipes damaged by roots. As this is an ongoing problem, do we have to hold a meeting every time this maintenance needs to be done? Our Sinking fund is formulated each 5 years by a quantity surveyor. In our sinking fund, we have a very large sum for “unforeseen”. Our complex is 33 yrs old. We held a general meeting to allow us to use these “unforeseen” funds to reline broken pipes under the complex driveway. The problem with roots in broken pipes is a continual problem. Do we require a General Meeting each time this happens to pass a motion to use these funds? William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
28 www.lookupstrata.com.au
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Approval via the committee or body corporate is still required even if you have listed an item in your budget or sinking fund. The requirements for holding a meeting are based on the spending levels of your site. The Committee has a spending limit starting at up to $200 per lot with an option to extend this at a general meeting if required. So, if you have a 40 lot scheme, and the Committee spending limit is $200, the Committee can authorise expenditure of up to $8000, inc GST. Expenditure over the Committee spending limit needs to be approved at a general meeting. Here you need to consider the major spending limit which establishes if you need more than one quote. This limit is the lesser of: • $1,100 multiplied by the number of lots in the scheme or • $10,000. These figures are both GST inclusive.
It’s worth noting that the approval via the committee or body corporate is still required even if you have listed an item in your budget or sinking fund. In your comment you mention that you have a large sum set aside for unforeseen circumstances. It’s not quite clear what this means or how this is worded in your documents. Technically, body corporate can’t budget for contingencies, with all monies raised supposed to be allocated for a specific purpose. This can get a bit murky when it comes to sinking funds, where there can be a wide ranging report covering a multitude of potential costs, but only loose regulation of how amounts are raised and actually spent. Still, as things stand it seems like your scheme is in good position. You have a maintenance issue that needs to be fixed and funds available to resolve it. Next step should be to organise some quotes and have the preferred option approved by either committee or body corporate. See the BCCM website for more info on spending limits.
29
When parking breaches are enforced... but is this too extreme?
I have a visitor with an expensive car staying with me. She’s parking in my garage and my old car’s in the visitor’s spot. I’ve been served with a parking breach notice. How is that fair? I have a visitor staying with me while house and job hunting. Her car is valuable and attractive and I have parked it in my unit garage and put my old car in a visitors car park I’ve been informed in writing I am in breach of the bylaws and face removal. Other people’s visitors park in visitors and no parking bays all the time. I believe I am being singled out. Also, I am disabled. I have a parking permit but am told I cannot park in the sole designated disabled car park on the lot as I have a garage.
30 www.lookupstrata.com.au
The easiest solution is to have your visitor park in the visitor’s parking spaces. Visitor’s parking is for visitors only, so technically it sounds like the letter of the law is being applied here. The easiest solution here is probably to have your visitor park in the visitor’s parking spaces. Still, there can be grounds for some flexibility. Most visitors parking by-laws allow for the committee to make decisions on how visitors parking can be used by occupants. The standard schedule 4 by-laws, which may be different from yours, state:
2 Vehicles 1. T he occupier of a lot must not— a. p ark a vehicle, or allow a vehicle to stand, in a regulated parking area; or b. without the approval of the body corporate, park a vehicle, or allow a
vehicle to stand, on any other part of the common property; or c. permit an invitee to park a vehicle, or allow a vehicle to stand, on the common property, other than in a regulated parking area. 2. An approval under subsection (1) (b) must state the period for which it is given. 3. The body corporate may cancel the approval by giving 7 days written notice to the occupier. So, if your by-law states something similar, approval to park a vehicle in the visitors spots can be approved by the Committee if they think it appropriate. Sometimes, there can be good short term reasons for doing this, such as helping an owner who is temporarily incapacitated for some reason. Ideally, you would have made an application for your preferred parking arrangement in advance of your visitor arriving, but there is no reason you can’t do this after the fact. The question would then be whether your request to have your visitor park in your spot and you park in the visitors spot is reasonable. My feeling is that Committees shouldn’t be making decisions based on perceived value of property as presented in the question. Everyone’s property is valuable to them, meaning a value judgement along these lines may be perceived as discriminatory. Is it OK to approve an arrangement like this because the vehicle you
are looking to protect is a Lexus rather than a second hand Honda? That’s creating different rules for different owners based on financial status. It doesn’t seem reasonable to me. As stated, the visitor has the option of parking in the visitor’s spots. If they don’t feel comfortable with this arrangement, it’s hard to see that it is a body corporate problem. The advice you have received regarding the disabled car space sounds correct. More exactly, that spot should probably be labelled the ‘visitor’s disabled car space’. It is intended for the use of disabled visitors rather than disabled occupants. As an occupant you should park in the space allocated to your lot.
This kind of interpretation can seem a bit hard on owners and is sometimes difficult for people to understand, but it is reasonable if you think about the question in terms of utility. By requesting the use of the space, you are asking for more utility than you are paying for. There may be some compassionate grounds to consider this, but then the body corporate also has to consider other applications from other owners. What if there were two disabled owners onsite?
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Which one should have use of the spot? Once additional utility is granted to one owner, it’s hard to reject the same additional utility request from other owners. The body corporate regulations aren’t perfect but they are workable in most instances. If they are going to be changed for some reason, the change has to be an improvement for the entire body corporate rather than an accommodation for individuals.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
31
Mental Health and the Strata Sector Happy, engaged people are as a rule much more productive in their working lives and build healthier relationships. Given strata management is all about productivity and healthy relationships- it is self-evident that businesses with happy strata managers will be much more successful! This is why the mental health of employees must be at the forefront of all business managers’ minds across our sector. Sadly, abuse, bullying and harassment are commonly reported by strata sector professionals. Feedback from a report conducted by SCA (Qld) into these issues found that a super-majority of nearly 85% believe that bullying and harassment is a major issue in the strata industry. A harrowing statistic indeed. No one should walk into work fearful of how their customers, colleagues or clients might act towards them. Bullying and harassment no doubt significantly impacts the mental health of strata industry workers. Feeling bullied can be one of the most devastating experiences a person can go through. Many report it has a significant impact on the rates of retention of skilled staff. Most in the industry have no doubt heard of competent and energetic professionals leaving the 32 www.lookupstrata.com.au
sector because of their treatment at the hands of others. Stories and stats like the above discourage talented people from entering into our businesses, which in turn diminishes our sector. This is tragic in so many ways. SCA (Qld) want the very best, most dynamic individuals to be recruited into and retained by the strata industry. We also want to encourage and provide a supported environment in which our teams can flourish SCA (Qld) currently offers an Employee Assistance Program (“EAP”) for members. This means every member has access to three fully confidential counselling sessions per year all at no cost to the individual member. This can be used by any SCA (Qld) member at any time, be it for a work, personal, social, or any other type of matter. We encourage all members to make use of it whenever they might need some extra support. A service like this is a tangible way in which SCA (Qld) aims to support the health and wellbeing of our members and part of what makes membership so invaluable. If you are not yet an SCA (Qld) member and thinking about joining, I hope this helps highlight just one of the meaningful benefits of membership. In addition to these positive steps, SCA (Qld) wants to go further by pushing to build protections for strata industry participants into our governing legislation. We are currently working on innovative ways of introducing this in ways that are balanced and equitable. Your experiences, feedback, and ideas are an invaluable part of our collective voice and so we welcome and encourage those with ideas around these issues to get in touch with our office to support our advocacy team in pushing for positive and meaningful reform in this space. This is a complex issue, which makes your input on this so crucial. It is obvious that regulation and legislation cannot correct or effectively control every aspect of human behaviour, and nor should robust discussion and disagreement be outlawed. Despite this, reasonable people understand there is a need to have recourse for vilification, bullying and consistent harassment. Obtaining a sensible balance in this regard in our governing legislation is critically important. By ensuring that there is a minimum and enforceable standard of behaviour in strata, living, working and playing in strata title properties will become much more attractive to all. Every action we take at SCA (Qld) whether it be in advocacy, education or other professional support is to help grow and lead the strata sector to a brighter future. Making strata a friendlier, more collegial environment where people feel safe and supported is a big part of that. Let’s stand together against this type of disruptive, unacceptable behaviour as we work together towards a safer strata sector for our clients, our colleagues, and each other.
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SOFTWARE Mimor
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Stratabox
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ResVu PTY LTD
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StrataMax
Streamlining strata P: 1800 656 368 W: https://www.stratamax.com/ E: info@stratamax.com
MYBOS
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Strata Vault
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Urbanise
Automate your workload to increase efficiency. P:1300 832 852 W: https://www.urbanise.com/ E: marketing@urbanise.com
EDUCATION & TRAINING LookUpStrata
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Your Strata Property
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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™
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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
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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
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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
Cannon + Co Law
CHU Underwriting Agencies Pty Ltd
Bugden Allen Graham Lawyers
Strata Community Insurance
Mathews Hunt Legal
Protection for your strata property. And you. P: 1300 724 678 W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au
BODY CORPORATE LAWYERS... EXCLUSIVELY P: 07 5555 8000 W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au
Flex Insurance
Stratum Legal Pty Ltd
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
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
Specialists in Body Corporate Law P: 07 5554 8560 W: https://cannonlaw.com.au/ E: admin@cannonlaw.com.au Specialising in property development & strata law P: 02 9199 1055 W: http://www.bugdenallenlawyers.com.au/ E: info@bagl.com.au
Delivering strategic solutions in strata law P: 07 5406 1281 W: https://www.stratumlegal.com.au/ E: info@stratumlegal.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
CONSULTING Strata Solve
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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
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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
CLEANING Ai Odour Control Systems
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DEFECT RESTORATION Building Rectification Services
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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
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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
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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
Simpli Fire Consulting FREE Evacuation Diagram Review with Every Fire System Audit
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
Calibre Coatings
Painting Solutions P: 0423 800 153 W: http://calibrecoatings.com.au/ E: grant@calibrecoatings.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
P: 0439 100 286 W: https://simplifire.com.au/ E: campbell@simplifire.com.au
SAFETY & SECURITY Pacific Security Group
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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
Australia’s Vertical Transportation Consultants P: 0417 784 245 W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au
RECRUITMENT SERVICES sharonbennie – Property Recruitment
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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
PLUMBING Fair Water Meters
Fair water - fair bills P: 1300324701 W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au
Would you like your Strata Story featured in the next edition of The QLD Strata Magazine? We want to share your strata stories with the LookUpStrata community. Some examples of what you may wish to share: • A project you have implemented in your complex that has made a positive impact (e.g a process, community building activities, parking procedure, ect) • Do you have a funny story to share about strata living? • Have you received a response back from one of the LookUpStrata professionals • that has positively impacted you or your complex? • Have you made a change to improve sustainability? (e.g installed solar, swapped over to LED lighting, reduced waste?) • You could even share a photo of the view from you balcony or catching up with neighbours for a coffee. If you would like to share your strata scheme story with the LookUpStrata community, Please send your story and photos to: administration@lookupstrata.com.au
Disclaimer: If you send your strata story to administration@lookupstrata.com.au, you are agreeing to have your story published on the LookUpStrata platform or via social media. We must have written permission from each individual shown in the photo. Submissions may be refused for any reason.
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