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 Strata Loans: When to Involve a Finance Specialist in Your Project
Jenine Garcia, Lannock Strata Finance
6 Do body corporates usually comply with standard warranty clauses?
William Marquand, Tower Body Corporate
8 Floorboards damaged by flood water
Todd Garsden, Mahoneys
10 New laws pose serious questions about rights
Frank Higginson, Hynes Legal
12 Accessing elderly residents’ apartments in an emergency
Jake Sharp, MiMOR
14 Solar panels - reducing common property area electricity costs
Sarah Price, Altogether Group
16 Is the body corporate a PCBU?
Todd Garsden, Mahoneys
18 Do we need an insurance broker?
Tyrone Shandiman, Strata Insurance Solutions
20 Can a solicitor act for both the caretaker and the body corporate committee?
Frank Higginson, Hynes Legal
22 Should the body corporate manager prevent the committee from breaching the Act?
William Marquand, Tower Body Corporate
24 Circulating CCTV footage of a lot owner
Chris Irons, Strata Solve
26 Which account does the GST refund go into?
Rod Laws, TINWORTH & CO
28 Is it reasonable to deny installation of a wood heater?
Chris Irons, Strata Solve
30 Insurance replacement valuations
Rawlinsons Cost Management
32 Non responsive strata manager? What’s their lot load?
William Marquand, Tower Body Corporate
34 Recovering cost of a flooded car after heavy rain
Tyrone Shandiman, Strata Insurance Solutions
36 Hackathon, reform and the importance of consultation SCA (QLD)
38 Can residents charge household items with common property power?
Chris Irons, Strata Solve
40 The QLD LookUpStrata Directory
If an owners corporation wants to finance a project, at what point do they involve the strata loan provider?
Sometimes it happens very quickly but generally, the experience takes at least a few years.
We're often quite involved from the beginning, during the planning phase once the owners corporation has an idea of the costs.
For very large projects like the Tamarama building, I think we were involved for around 10 years. There are a couple of other large projects we’ve been involved in for the same time, if not longer. With these large projects, we need to work with the owner corporation to let them know how the finance works and how it can be structured. We obviously reassess right throughout the project as they get updated costs and things like that.
If your owners corporation isn’t fully aware of the project costs, we can work on estimates. That will give you a broad idea. Sometimes owners corporations come to us right at the last minute when they are ready to sign the contract. They have a meeting in three weeks and need a proposal and the facility agreement to table at the meeting. Sometimes it happens very quickly but generally, the experience takes at least a few years.
Jenine Garcia | Lannock Strata Finance jenine@lannock.com.au
When you finance your strata project with Lannock, you are dealing with the industry experts. Having operated for nearly 20 years, our friendly team have the knowledge and experience to deliver the funds you require.
We finance capital works for owner corporations and body corporates around Australia including repairs, renovations, cladding rectification, defect rectification, strata asset renewal, professional services, litigation and re-development.
Get in touch with us to find out why borrowing should be part of the funding mix in your strata corporation.
Do body corporates usually comply with standard warranty clauses?
There is no obligation for body corporates to maintain warranty clauses.
I’m not sure we can point to a common standard here. There is no obligation for body corporates to maintain warranty clauses.
The committee does have an obligation to act in the best interests of the body corporate. Some people might see protecting warranties as part of that best interest.
On the flip side, warranties can be hard to enforce, even if you have been keeping up with the clauses. Depending on the effort and expense required to maintain them, some people will think the cost outweighs the benefit. You’d have to look at all the information to give an opinion.
Where does this leave you? Ultimately the committee are the key decision makers for your scheme. If you don’t like the choices they are making, you can:
• submit motions to either committee or general meetings
• look to join the committee to influence matters from the inside
We recently had our building painted. The work includes a standard warranty clause. It is not being complied with, essentially voiding the warranty. Is this usual?
One of the towers in our complex was painted over 12 months ago. The following warranty condition was scoffed at by our committee: “This warranty is dependent upon the coatings being washed at least every 12 months (more often in extreme environments) with warm soapy water and a soft brush”. It appears that by not complying with this condition, the warranty is void.
Is it fairly common for body corporates to comply with standard warranty conditions like this or is it more common to disregard the clause and void the warranty?
• make a complaint via the Commissioner’s office if you think the matter is serious enough or the committee are neglecting their duties.
If other owners agree, there might be change. However, some issues are in the eye of the beholder. If that is the case, the basic standard around majority rules would apply.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.auREAD MORE HERE
Water entered the unit and damaged the floating floors, caused by improperly maintained body corporate assets. As floating floors are not covered by strata insurance, do I have any way of recovering my costs?
During the February 2022 Brisbane floods, water entered my first-floor lot. It ruined the bamboo floor and caused the paint to bubble and peel on my interior walls.
The apparent cause was improperly sealed exterior roof flashing resulting in inundation in the double brick cavity and subsequent water penetration to my unit through the brick and concrete walls.
The building insurers won’t cover the damage as floating floors are explicitly exempt from the policy.
As the damage to my unit was caused by improperly maintained body corporate assets, do I have a case for recovering my costs via QCAT or another avenue?
There needs to be strong and clear evidence that the damage was caused by a failure of the body corporate to maintain an item it is responsible for.
This has been a very common issue over the last 12 months. I suspect it will continue to be an issue as insurers are still wading through the insurance claims from the floods last year.
There is absolutely an avenue here for the lot owner. However, there needs to be strong and clear evidence that the damage was caused by a failure of the body corporate to maintain an item it is responsible for – to the correct standard. This is where claims often fall over.
It may also be worthwhile to assess:
1. If the body corporate had an obligation to ensure the insurance coverage included the floating floors; and
2. If the insurance policy does actually properly exclude the floating floors.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
Even those with just a passing interest in strata law in Queensland should be a tad excited with what we have coming up in the next few months .
The new Regulation Modules in 2020 provided some benefits to the sector, such as allowing strata to catch up with technology on electronic voting. But they only went so far. With the new strata laws currently being formulated, we are about to see some really meaty stuff emerge from government.
The forced dispossession of people from their property is going to be one of the most talked about provisions of Queensland strata law in decades, if not ever.
The government has had plenty of opportunity to study schemes in other countries and our southern neighbour, NSW, so you would like to hope that whatever is produced will be best-in-class.
What seems clear is the need for an economic reason for a forced sale to take place. How this is defined will be super interesting.
At the moment, the proposed new laws would require just 75% of lot owners to approve the termination of a scheme where the body corporate has agreed it is more financially viable to terminate rather than maintain or remediate the scheme.
It seems that this is the only basis on which schemes can be brought to an end without 100% support.
How to define that trigger to the satisfaction of all parties involved will be a genuine challenge. Who said life in government was easy?
And if that isn’t enough to add some spice to the lives of various owner committees across the state, there’s also the potential ructions that will come from bodies corporate being able to prohibit (as opposed to just regulate) smoking and what they do with the ability to tow cars a bit more readily.
These three issues alone are going to really rattle some cages. It would be an unusual body corporate indeed that, when given a lot more power, is not at least tempted to use/abuse it.
I have been part of the group that has discussed these proposed changes since this government was elected in 2020. The balancing act that must be performed when trying to consider both individual and collective rights is not simple. These new laws will take away people’s rights – the right to choose when you sell your property or to smoke on an area of common property are going to be affected.
There are obviously views both for and against what the government has announced, and the government has clearly decided that the greater good is best served by heading down this path.
So, we will have new laws that add another layer of complexity to what is already a quite complex regime.
Again, the views can diverge, but I tend to lean towards the camp of more prescriptive laws being better for the sake of certainty for all involved in strata.
If you think the laws that regulate things are bad, imagine living in a world without them? That would certainly be good for lawyers, but I don’t necessarily think the same applies for owners and occupiers. Anyway, we hold our collective breath and see. Details of the new laws will emerge towards the end of the year.
One thing is for sure – it is going to be very interesting!
By Frank Higginson | Partner, Hynes Legal
Is there a system that solves the problem of access to elderly residents’ apartments in an emergency?
Emergency services use a lockbox system for a few of the older residents in our large inner city building. The use of this lockbox has always been a concern of mine. Is there a system that solves the problem of access to elderly residents’ apartments in an emergency? If so, how?
This can be arranged with a digital key safe.
There are a couple of ways you can do this.
The strata manager can grant access to the emergency service, ambulance, etc. When the emergency services get to the building, they’ll be granted access, or they’ll have to call the head office to be let into the building.
Another way to organise this is with a digital key safe. If five apartments require emergency access and don’t have digital apartment doors, the building can install a digital key safe for those apartments. The key safe would only be for the use of emergency services for access into those lots.
Emergency services would get to the building, access the digital key safe and gain access to the elderly residents’ apartments.
A third option would be to place a digital door lock on the apartments. Emergency services can be authorised access to those apartment doors.
Jake Sharp | MiMOR jake@mimor.com.au
What is the approval process for installing solar panels on common property roofs to reduce common property area electricity costs of running the pool equipment etc? The solar panels will be installed on car wash bays or common outdoor area roofs. Can the body corporate committee approve this or does it have to be approved by all owners?
Solar installations may be approved without an ordinary resolution depending on the cost of the project.
Committees responsible for Queensland schemes registered under the standard module and accommodation module may approve solar installations without an ordinary resolution if the improvement to common property is within their basic improvement spending limit and the installation cost does not exceed $200 per lot.
If the proposed installation is more costly than this, an ordinary resolution of the body corporate must be obtained.
The main consideration would be the use of the area; whether the installation changes the use, the cost of the installation or inhibits future use. Regarding committee member liability, they must act in good faith and in the best interest of the body corporate. To minimise any backlash, they must have done their due diligence and uphold the bylaws, Act and code of conduct.
Generally, the cost of installing well sized solar panels is recovered in a few years, presenting ongoing savings to the common property electricity bills. If the proposed installation could pose a risk to the safety, would be aesthetically displeasing, or could be contentious in any way, it is recommended the committee approach all owners for approval and seek advice from energy consultants to provide support regarding their decision.
Sarah Price | Altogether Group sprice@altogethergroup.com.auREAD MORE HERE
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.
In what circumstances is the body corporate a PCBU under the WHS Act?
Our body corporate engages a service provider who lives in his own lot of the complex to provide onsite caretaking and letting business and does not employ anyone else. Is a body corporate a Person Conducting a Business or Undertaking (PCBU) under the Work Health and Safety (WHS) Act?
I have come across two different answers to this question that contradict each other.
I read that a body corporate will be a PCBU if any of the lots or common property are used for non-residential purposes, including letting businesses conducted by owners under management rights business agreements.
I also found information on the WorkSafe website suggesting that even if an individual owner conducts a business on the premises and is considered a PCBU under the WHS Act, it does not automatically make the body corporate a PCBU. Instead, whether or not the body corporate is a PCBU depends on the activities of the body corporate as a whole rather than of any individual owner. Could you please clarify whether the body corporate can be regarded as a PCBU in our scenario?
The predominant view among lawyers in the industry is that if a letting agent uses the common property as part of their letting business, the body corporate is caught within the ambit of being considered a PCBU.
The predominant view among lawyers in the industry is that if a letting agent uses the common property as part of their letting business, the body corporate is caught within the ambit of being considered a PCBU.
I am aware that the WorkSafe Qld website indicates a less stringent view on bodies corporate but I do not think a body corporate would be able to rely on the website’s statement if something were to take place and enforcement action were to be undertaken against the body corporate under the WHS Act.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
Do we need an insurance broker? What does an insurance broker do?
Insurance brokers play an important role in the arrangement and facilitation of strata insurance.
Insurance brokers play an important role in the arrangement and facilitation of strata insurance. The role of an insurance broker includes:
1. Advice – We specialise in insurance. That’s all we do! It is accepted that insurance brokers are more qualified to give advice in relation to insurance products and we are licensed to give personal advice specific to your individual needs and circumstances. Strata managers and insurers can only provide general advice and are unable to provide advice specific to your needs or circumstances.
2. Broader access to insurers – Some insurers (currently five to six) deal only with insurance brokers. Using a broker can provide broader access to more insurers.
3. Quotes at renewal – Markets change regularly in insurance. Today’s most competitive insurer may not be the most competitive insurer when your policy next renews. The broker negotiates the best terms in the market from a broad
range of insurers. At renewal, brokers are responsible for conducting market checks on behalf of our clients to ensure you are getting the most competitive offer.
4. We represent you – In the majority of cases, the role of an insurance broker is to represent the interests of the client and not the insurer. Insurance brokers guide you through a claim and advise you on how to get the maximum settlement for your claim.
5. Dispute Management – Insurance brokers should facilitate the dispute resolution process. A good insurance broker will help you make a submission to the insurer or the Australian Financial Complaints Authority.
Tyrone Shandiman | Strata Insurance Solutions
tshandiman@iaa.net.au
READ MORE HERE
Can a solicitor act for both the caretaker and the body corporate committee?
Is it ethical for a solicitor to act for both the caretaker and the body corporate committee?
It depends.
For me, the answer is ‘it depends’. And what it depends on is what the issue is that the advice / acting relates to. We act for plenty of bodies corporate and caretakers in the same building. An issue that doesn’t present a problem (as an example) relates to by-laws. Everyone has an interest in making sure the by-laws are what they should be. In a matter like that, we act for the body corporate and not anyone else.
Where (to me at least) it is problematic, is where the caretaker and the body corporate’s interests aren’t necessarily aligned – say on the sale of the management rights. I personally think it is pretty hard to suggest
that the same firm could act for a body corporate and a caretaker in relation to that and say they are giving completely independent advice to their respective clients. But that’s a personal view. In theory, it is lawful, provided both clients are aware of the fact the firm is acting for both of them and that if there is a conflict between them, both are referred elsewhere.
Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au
If the body corporate manager sees the committee members do something wrong, what action should they take?
The manager is an advisor to the scheme, not its police.
How are you defining wrong in this instance?
If it is just bad decision making, it’s not necessarily the body corporate manager’s job to correct this or argue for what they believe might be a better decision. Good managers will often advise what they think is the best practice in a certain situation, but it is up to owners to determine if they want to follow that advice. And remember, the body corporate manager can be wrong too – they provide advice based on their experience and knowledge, but they don’t know everything.
If by wrong you mean breaching the legislation, the manager should advise when that is happening and advise what should happen under the legislation. They can talk about what the implications of the breach might be.
Whether they should take action after that or what action they can take will depend on the circumstances. In most cases managers will probably just record that they have provided the correct advise in their emails or the minutes and move on. They might show these records at some points in the future if necessary – the records are created to cover the manager as much as the body corporate. Maybe, in an extreme situation, the strata manager could refuse to take action the owners have requested of them.
If it was bad enough they could terminate their contract with the scheme. Ultimately though, it’s up to owners to make decisions and vote on matters and they need to be the ones regulating activity at the scheme.
The manager is an advisor to the scheme, not its police.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
Our common property CCTV recorded the actions of a resident. A committee member circulated the recording to other owners. Should the body corporate committee records be distributed like this?
Our body corporate recently installed CCTV in our building’s entrance foyer and basement. A resident acted in an unusual manner, though nothing criminal or offensive. The CCTV recorded the behaviour. A committee member circulated the CCTV recording to a number of other owners, causing embarrassment to the resident. Can the committee member do this? Are there any regulations governing the storage, viewing, access or circulation of electronic images? Should the body corporate committee records be catalogued and stored in a certain way?
While there are strata elements, there are also potential privacy aspects.
This is a tricky one. While there are strata elements, there are also potential privacy aspects – on which I am absolutely not an expert – and some aspects of human behaviour to consider.
On the strata side: footage from CCTV installed on common property is generally accepted to be a body corporate record. This, in turn, means it is accessible to an ‘interested person’. An owner is an interested person. That said, there is a process to request and obtain records.
There is nothing in the body corporate legislation about what I’d term ‘proactive’ distribution of a body corporate record in the manner you describe. So in one sense, what the committee members have allegedly done is not prohibited under strata legislation.
Whether they should have done it at all is, of course, a whole other issue. There is a code of conduct for committee members. Have their actions contravened it? Maybe have a look at it and draw your own conclusions: Body Corporate and Community Management Act 1997
On the privacy side of things, you might like to contact the Office of the Information Commissioner for further information.
The resident in question might also like to seek legal advice about whether they have any remedies at law to pursue here.
This then leaves us with the question of human behaviour. Personally, I’d be very keen to know why the committee members allegedly did this. If it is merely for their own enjoyment, then perhaps it is time to consider if they should continue to be on the committee. Committee members can be removed by ordinary resolution at a general meeting. You may want
to start having some discussions with other owners about this situation: if it has happened to one resident, then who is to say it might not happen again, to others?
This is general information only and not legal advice.
Chris Irons | Strata Solve chris@stratasolve.com.au
account does the GST refund go into?
We are registered for GST. When we receive the GST refund for both the administration and the sinking funds, the total is deposited into the administration fund.
Can it be left in the administration fund or should the GST generated by the sinking fund be transferred to the sinking fund?
The answer to the questions is yes. It should be apportioned correctly between admin and the sinking fund, but the strata manager’s software will determine how easy this is to achieve. Most software packages allow for the allocation between the different funds when refunds are received or payments made to the ATO.
Rod Laws | TINWORTH & CO
RodLaws@tinworth.com
When we receive the refund of the GST for the administration and the sinking fund, which account should the money be deposited into?READ MORE HERE
The body corporate has denied my application to install a wood heater in my townhouse. Is this reasonable?
I’ve applied to my body corporate for permission to install a wood heater in my townhouse. The heater will be compliant with Australian Standards and will be greater than 600mm from the nearest high peak within the complex. They have refused my application because of concerns about smoke pollution and nuisance to other properties. There is over 4 meters to my neighbouring property’s boundary. We back onto free-standing residential lots with wood heaters installed. Is this reasonable?
The body corporate must enforce its by-laws.
In this situation, you are probably looking at concerns around bylaws, nuisance and hazard
The body corporate must enforce its bylaws. In your case, if they cannot be satisfied that your proposed ‘improvement’ would not contravene by-laws for your scheme, then it might be reasonable for the body corporate not to approve it.
Similarly, the body corporate may have concerns about the impacts of your wood heater causing a nuisance or hazard. A relatively recent case in Qld found, for the first time under strata caselaw in Qld, that secondhand smoke was a hazard
Ideally, the body corporate would have some evidence to back up their concerns. Put another way: if the body corporate refused your request on the grounds of nuisance or hazard, they should be able to identify where that concern comes from. Have other owners, for example, raised concerns? In any event, you note you believe you have complied with some objective standards in this regard. If you cannot reach an outcome with the committee, your next option is to challenge their decision through the Commissioner’s Office
Chris Irons | Strata Solve chris@stratasolve.com.au
Strata Solve helps people untangle and resolve their strata issues. Sounds simple when you put it like that, doesn’t it?
Director Chris Irons (pictured, with his strata-approved greyhound Ernest) has an unrivalled strata perspective. As Queensland’s former Body Corporate Commissioner, Chris has seen and heard virtually every strata situation and nuance. He knows that while legislation provides a framework, there are many ambiguities to navigate through and in which pragmatism, commonsense and effective communication are vital.
As an independent strata consultant, Chris provides services which are all about empowering owners, committees, managers, caretakers, and others, to protect their strata interests. With a high-profile media and online presence, and as an accredited mediator, Chris is also able to carefully ‘read the room’ and craft the right narratives in even the most complex strata situation. Strata Solve is not a law firm. Chris instead thinks of steps you can take before you embark on lengthy, costly, and stressful legal proceedings. Regardless of the client, all people in strata have one thing in common: their substantial investment in the strata scheme. Strata Solve prioritises that investment in each tailored solution we provide.
Get in touch to find out more.
An Insurance Replacement Valuation must be carried out to ascertain a precise and comprehensive value for an insurance policy. This is to protect the building and its owners from the potential losses that could result from a disaster such as a fire, flood, cyclone or other natural disaster It is not uncommon for the replacement value on an insurance policy to be vastly underestimated, placing the building's owners in a vulnerable financial position. The value of cover needs to cover the costs for rebuilding a like for like building in terms of size and quality in accordance with present day building codes.
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. 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.
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
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
Are
What’s their lot load?
Is there an industry guideline on a ‘lot-load’ for strata managers?
A manager could be running smoothly with a large number of buildings or terribly with a few.
No. Depending on the way the management company is set up and the nature of the buildings, a manager could be running smoothly with a large number of buildings or terribly with a few. Unfortunately, many managers are overloaded. Companies tend to want to get the maximum return for the salary dollar paid.
If your manager takes a long time to respond, doesn’t provide much assistance or always seems stressed out, this is probably a sign they are overloaded.
William Marquand Tower Body Corporate
willmarquand@towerbodycorporate.com.au
My car got damaged due to a blocked drain caused by debris. Is the body corporate responsible? How do we get our car insurance excess reimbursed?
While my car was parked in a non-reserved space in our apartment complex it got damaged (written off) due to heavy rain overnight. The damage was caused by a drain in front of the car that was blocked by debris.
Is the body corporate liable for the damage to my car? If so, how do I approach the body corporate to get our car insurance excess covered?
The car owner or their insurers would need to demonstrate the body corporate was negligent or otherwise legally liable in relation to the blockage.
The information provided isn’t sufficient to determine whether the body corporate is liable. Essentially the car owner or their insurers would need to demonstrate the body corporate was negligent or otherwise legally liable in relation to the blockage (i.e. prior knowledge of the blockage or not rectifying a known blockage in a timely manner).
If a demand was made to the body corporate, it can be referred to the insurer of a Legal Liability claim, which is considered on a case-by-case scenario by insurers, solicitors and judges (if the claim ends up in court). Claims are never black and white and legal liability will vary based on the circumstances.
In response to how to approach costs being covered by the body corporate, the car insurer should take into consideration recovery prospects as part of the vehicle claim. The general process is you lodge a claim and pay your excess. Once the settlement is finalised and the total cost of the claim is known, the insurer initiates recovery against the party they view are responsible for the damage. If the insurer deems the body corporate is liable, they would attempt to recover the total cost of the claim from the body corporate. If they are successful in recovering costs, the insurance company will generally reimburse the excess.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.auREAD 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.
A big part SCA (Qld)’s value to our membership is that we amplify their voices in relation to issues important to them. We provide opportunities to our members to help them to contribute in a meaningful way to policy change in our sector- and our sector is going to have some significant reform in the coming twelve months. The challenge for myself and the Board is how do we best going about ensuring that we know what is important to our members and what they are thinking. The obvious answer is consultation - but good quality consultation is about getting a broad range of members engaged in advocacy and then seeking broad, consensus opinions on issues.
With this in mind, SCA (Qld) this month held our second annual Strata Advocacy Hackathon. All business owners, senior members and members of relevant member committees were invited. This was about getting the issues of a broad spectrum of our membership and distilling their best ideas for solutions.
Spending a day in vigorous debate around strata is a key feature of our advocacy program. By getting the full breadth of our membership to give us their feedback in a day, we have everyone’s minds focused on the issues they face and how to fix them. You cannot make good policy without guidance from people at the coal face, or you inevitably get unintended consequences.
Reform is an important goal of SCA (Qld. But simply getting change for its own sake is not the goal. We want positive change, that helps enhance the quality of our sector, and makes member lives easier. This is why we invested an entire day and significant resources in ensuring that our industry leaders have significant input into what we put forward.
This Hackathon is part of our ongoing commitment to enhance our membership engagement on issues of importance to the sector. Part of elevating our sector is ensuring greater collaboration and professional camaraderie through shared discussions – about moving our sector forward thoughtfully as a profession. We will continue to hold events like this to ensure we are getting member and feedback in all aspects of our business.
Our member engagement going forward will be as much about delivering a social experience, education and professional networking as it is about understanding how we can collectively and collaboratively push the sector forward.
As we approach our 40 th anniversary, we look at everything with a glint in our eye regarding the future. The growth and future of the sector is, in every way, a shared responsibility and SCA (Qld) will continue to encourage our members to be involved and give our members a voice in that shaping that future. www.qld.strata.community
Laura Bos General Manager
Can residents charge household items with common property power?
A resident continually charges household electrical items like power tools with common property power. Can the committee ask them to stop?
A resident continually charges equipment using body corporate power in the basement garage. We are not talking about an EV, just household electrical items with batteries like car batteries and power tools.
EV Charging & the importance of getting it right
SOFTWARE
Mimor
Connecting People – Creating Communities
P: 0414 228 644
W: https://www.mimor.com.au/
E: info@mimor.com.au
Stratabox
Building Confidence
P: 1300 651 506
W: https://stratabox.com.au/
E: contact@stratabox.com.au
ResVu
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
Archers the Strata Professionals
Your Partners in Strata
W: https://abcm.com.au/
E: marketing@abcm.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
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
Groundfloor™
Australian parcel, mail, and refrigerated lockers
P: 03 9982 4462
W: https://groundfloordelivery.com/
E: ask@groundfloordelivery.com