The QLD Strata Magazine | May 2024

The QLD

STRATA MAGAZINE MAY 2024

We’ve been told our BCM’s insurance commission is now being ‘paid by the insurer’ Page 4 | Tower Body Corporate

What late levy fees can be charged to lot owners?

Page 18 | Hynes Legal

Have inflation fluctuations caused more cases of over or underinsurance?

Page 26 | GQS

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, 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.

Nikki Jovicic Owner / Director

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

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

2 www.lookupstrata.com.au www.lookupstrata.com.au Strata legislation is updated regularly. The information in this magazine is based on the legislation at the time of publishing.

2 2www.lookupstrata.com.au

Contents 4 We’ve been told our BCM’s insurance commission is now being ‘paid by the insurer’ William Marquand, Tower Body Corporate

6 Navigating Water Ingress in Strata Properties

20 Impact of candidate withdrawal on voting outcome Chris Irons, Strata Solve

22 Can the committee extend our energy supply contract without owner approval?

Todd Garsden, Mahoneys

Lannock Strata Finance

8 Our project manager has never inspected the site

24 Can the body corporate padlock an emergency exit?

Stefan Bauer, Fire Matters

Edwina Feilen & Bruce McKenzie, Sedgwick

10 WHS obligations to comply - at the AGM and beyond

25 Why do I need to complete and sign an annual occupier’s statement?

Stefan Bauer, Fire Matters

Scott Bellerby, B Strata

12 Who pays for repairs if the Body Corporate does not want an owner to make an insurance claim?

26

Zac Gleeson, GQS

Tyrone Shandiman, Strata Insurance Solutions

14 Recovering Body Corporate Levies

28

The SCAQ Difference SCAQ

Todd Garsden, Mahoneys

16 Strata compliance reports that are easy to understand

ave inflation fluctuations H caused more cases of over or underinsurance?

30

The QLD LookUpStrata Directory

QIA

18 What late levy fees can be charged to lot owners?

Frank Higginson, Hynes Legal

Thanks to our sponsors

SC Seymour Consultants

STRATA COMPLIANCE REPORT SPECIALISTS

We’ve been told our BCM’s insurance commission is now being ‘paid by the insurer’

Our BCM’s insurance commission is no longer included in our total premium paid. We’ve been told it’s now being ‘paid by the insurer’.

What’s changed?

In 2023, the body corporate manager’s commission of $17,000 was included in our total insurance premium to be paid.

This year, the body corporate manager’s commission of $14,534 was not included in our total premium and advice from the committee treasurer states the commission was paid by the insurer.

Why is there a difference between last year’s and this year’s commission payments, considering we’ve been with the same insurer and broker for a few years?

I think the line that the commission is paid by the insurer is a bit misleading.

Without all the information, we can’t really answer the specifics of the question. As an owner, you should direct this question to the body corporate manager or the committee. If needed, you could table the question for the next committee meeting or submit an owner’s motion to guarantee a reply.

4 www.lookupstrata.com.au

Otherwise, details about the commission structure and payment should have been declared at the AGM, so for information on this, you could go back and look at the last notice you received. You could also ask to be sent all documentation relating to the renewal.

Generally, I think the line that the commission is paid by the insurer is a bit misleading. It implies the commission does not affect your premium, which is incorrect. Whether you think commissions are reasonable, they are part of your premium. Technically, they are not a direct payment from the body corporate to the manager, but you pay for them in your final premium.

In saying this, I’m not criticising your treasurer.

They may be doing their best to explain. As your commission has reduced at a time when all other costs are rising, perhaps there has been some deal negotiated for the benefit of your scheme. As ever, if you have questions about how your body corporate is operating, it’s fine to ask. If you receive a clear answer, that’s probably a good thing. If not, it might be a red flag.

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

5

Navigating Water Ingress in Strata Properties Water ingress, or penetrating damp is an insidious problem that can infiltrate buildings through various pathways, including faulty waterproofing, plumbing leaks, and external breaches.

Known as the ‘silent intruder’ it is a pervasive issue, often going unnoticed until damage has occurred.

The immediate and long-term damages of water ingress are diverse, ranging from structural compromise to health issues arising from mould and fungal decay. In our experience, the silent nature of water ingress exacerbates these issues, as prolonged exposure often leads to more severe damage.

Strata communities face unique financial and logistical challenges in addressing water ingress. Legislation varies across Australia.

For example, the Design and Building Practitioners Act (DBPA) which was introduced into NSW in 2021 mandates that waterproofing consultants be DBPA approved, adding a layer of complexity and protection to the management and rectification of water ingress issues. In other states water proofers must be certified by the relevant building authority and sign-off by a licenced plumber may be required.

Further adding to the complications you already face, the recent La Niña events have caused a backlog and delays in addressing water ingress. With weather experts such as Australia’s Bureau of Meteorology predicting that Australia is heading for another La Niña weather event, we can expect these existing water ingress issues to be exacerbated as well as increasing the rectification backlog.

The tendency for Owner Corporations to procrastinate over carrying out remediation works can play out particularly badly in cases of water ingress, where delay often leads to increased damages and higher eventual costs. This emphasises the importance of informed financial planning in managing an Owner Corporation’s obligation to repair and maintain the property.

Identifying and Addressing Water Ingress Identifying signs of water ingress early is crucial. As is acting quickly to address the issues. Delays inevitably result in increased costs. Look for damp patches, staining or damage to exterior façades and concrete, mould growth, peeling paintwork and musty smells.

Preventive measures and treatments are available, but expert advice should be sought.

Sydney Water’s WaterFix program, a free service, aids Sydney residents in water conservation and leak detection. Our NSW Business Development team are well-versed and experienced in this program.

Waterproofing Issues – Quick Fixes vs a Whole Building Permanent Fix Approach Waterproofing issues are not uncommon and can cost hundreds of thousands of dollars, even in smaller strata schemes. Quick fixes versus permanent repairs are a critical consideration. Taking a whole-building view is essential for long-term solutions, as discussed in Lannock Strata Finance’s recent webinar with LookUp Strata on ‘Bang for your buck in capital works’.

How to get bang for your buck when planning capital works.

ACCESS THE WEBINAR HERE

WHAT DO OWNER CORPORATIONS NEED TO CONSIDER? Lannock Strata Finance has also prepared a list below that will help you. It is not definitive, but we hope it will help shape your approach to this insidious issue and assist your ultimate decision-making.

Leak Detection Tests

Certification and legislation

Waterproofing consultants perform leak detection tests to replicate water travelling from external sources to the interior of the building. This allows them to identify the source and extent of the issue and determine the necessary repairs. Understandably, owners often do not grasp the scope and impact of water ingress until they see the results of these tests or photo and video reports.

The introduction of the DBPA has significantly impacted the management and rectification of water ingress issues in strata in NSW. Waterproofing consultants now need to be licenced for works over $5,000, ensuring a higher standard of accountability and quality in waterproofing services.

The Unseen Damage

La Niña’s Impact

The ‘silent intruder’ often leaves behind damaged, aging, or insufficiently tarped areas that are typically revealed through photo reports. Owners may be unaware of these issues until they are visually presented with the evidence.

The recurring La Niña weather events have led to a backlog in addressing water ingress issues.

The potential recurrence of La Niña, as predicted by weather experts, could lead to persistent wet conditions, further exacerbating existing water ingress issues.

Selecting Contractors and Consultants

Understanding water ingress and the financial solutions offered by Lannock is essential for strata communities. Readers are encouraged to reach out to Lannock for consultation on funding options for their water ingress issues.

The importance of moving quickly, conducting inspections and understanding how they support you throughout the project are key to selecting the right contractor or consultant for water ingress rectification.

We have found it beneficial to select a contractor or expert who can provide support at your general meetings. Having an ‘expert in the room’ can help owners better understand what the risks are, and what options are available to them. At a practical level it will also relieve pressure on any individual owner, by enabling a fuller discussion at an OC’s general meeting - rather than having messages and questions being passed between consultants, contractors, and committee members to be fed through to owners.

Your state-based strata body or Owners Corporations organisation is always a good starting point if you need advice as to whom to turn.

Financial Solutions for Rectification Works Lannock Strata Finance provides flexible funding solutions to alleviate the financial burden on strata communities facing water ingress issues.

These options allow for rectification works to be carried out immediately, avoiding the risk of further damage caused by delay, whilst smoothing the cost impost on owners of having to fund the full costs of repair upfront.

Speak with our strata finance specialists today to see how Lannock’s funding facilities can provide peace of mind.

P 1300 851 585

E strata@lannock.com.au W lannock.com.au

Our project manager has never inspected the site

The project manager employed by our committee to oversee the repairs of lot bathrooms has never been on site. Is it usual for a project manager to rely on information provided by the committee?

Our committee employed a project manager to oversee the repairs of lot bathrooms. The project manager has never been on site, and there’s just so much misinformation from different committee members that it’s becoming unworkable. Is it usual for a project manager to never inspect the site and simply rely on information provided by the committee?

8 www.lookupstrata.com.au

In simple terms, no.

Bruce McKenzie In simple terms, no. It’s not usual. It would come back to the terms of the project manager’s engagement and understanding of the agreement. Were they expected to come to the site, or perhaps it was what we call a light touch arrangement, where they were only assisting at a high level?

Ordinarily, any project manager should go to the site. It’s the definition: the project manager is managing the project hands-on, on the ground, and making sure things are right.

You could contact the project manager to clarify whether this is driven by their understanding of the original agreement.

Edwina Feilen: If you’re not getting the service, you shouldn’t pay those fees until you actually get that service.

One key aspect of a tendering or project management process is that every time a fee is submitted for payment from a contractor, we need to ensure that the fee for service is for works that have been completed or provided.

In this instance, maybe get a second opinion.

Edwina Feilen & Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com READ MORE HERE

Helping the strata community navigate their building concerns B U I L D I N G C O N S U LTA N C Y

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Defect reports and forensic engineering

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Scope of works

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Construction management

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Capital works funds/maintenance plans

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Emergency make safe Fire water damage restoration Leak detection Contamination response Building repairs Cost validation services Technology driven solutions (incl. AI)

T O L E A R N M O R E , C O N TAC T: 1300 735 720 sales.au@sedgwick.com

1300 654 599 sales.au@sedgwick.com

WHS obligations to comply - at the AGM and beyond

At the AGM each year, you need to help educate everyone. Have a motion acknowledging that all parties have a duty of care to the owners, the occupiers, the contractors and visitors attending the scheme. Make people aware that they have that obligation.

I suggest you have a motion where you progress a safety report on a fairly regular basis. If nothing’s really changed around the scheme, do you have to get one done every year? Probably not. But if anything changes on-site, it might be worth getting another safety report.

Owners should discuss items of concern for minuting that should be actioned immediately following the AGM. I’m not saying they shouldn’t immediately raise a safety issue

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if they do identify it. It’s also very important that there’s a motion where the scheme adopts or tables every report they’ve had commissioned throughout the year because the obligations extend to the owner when they bring a contractor into their unit. Owners need those reports, eg an asbestos report or a risk with the safety fuses in the electrical box. As a minimum, I think every scheme should be doing that.

Scott Bellerby | B Strata scott.bellerby@bstratawa.com.au READ MORE HERE

11

Who pays for repairs if the body corporate does not want an owner to make an insurance claim?

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Q

If the committee prefers owners not to make insurance claims to prevent future premium increases, is the body corporate liable for repair costs?

A

Owners have an insurable interest in the strata insurance policy and are entitled to make a claim for valid insurable damage.

When dealing with situations where the committee might prefer that an owner does not file an insurance claim to avoid potential increases in future premiums, it’s essential to understand the following considerations: •

•

Right to Claim: A body corporate cannot prevent an owner from making an insurance claim. Owners have an insurable interest in the strata insurance policy and are entitled to make a claim for valid insurable damage.

If an owner decides to proceed with a claim, they have the right to contact the insurer directly to assert their claim, independent of the council’s preferences.

Body Corporate’s Financial Responsibility: The question of whether the body corporate is able to cover the costs of damage instead of making a claim is complex. Generally, the body corporate’s responsibility to pay for repairs within individual lots is determined by the governing legislation and the specific bylaws of the body corporate. There are legal

and regulatory boundaries that dictate what a body corporate can spend funds on and this is usually associated with maintenance of common property. If the legislation or the body corporate’s by-laws do not explicitly require the body corporate to cover these costs, or if the body corporate is not otherwise legally liable for the repairs, then it may not be appropriate or even legal for the body corporate to pay for damages that a lot owner is responsible for.

In this instance, it is recommended the body corporate seek advice from their strata manager based on the specific circumstances of the claim before deciding the most appropriate action to proceed with.

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

13 13

Recovering Body Corporate Levies

By Mahoneys

Owner’s contributions Funding a body corporate can only come from one place – lot owners. Lot owners are required to contribute towards the costs associated with their building and common property - commonly referred to as an owner contribution (or levy).

The body corporate budgets for its costs and subsequently levies each owner in the scheme their respective share. Owner contributions generally cover the following costs: • The day-to-day running of the complex (e.g. common water, common insurance, maintenance of lawns, management of the body corporate, etc.).

• Anticipated future capital works (e.g. repainting the scheme). This accumulates over time, in a separate fund, so that owners are not hit with a large “one-off” expense for major works.

• Unexpected, unbudgeted, costs that might arise. These can be costs that were not included in the budget or not enough money was set aside to meet them (eg legal fees for a dispute).

Unpaid contributions Not every lot owner pays their contributions on time or at all. Unpaid contributions create an unfair burden on other lot owners.

The Body Corporate and Community Management Act 1997 (BCCMA) governs the payment and recovery of “body corporate debts”. Generally, a “body corporate debt” will be an amount owed by a lot owner to the body corporate and includes: • a contribution or instalment of a contribution (i.e. a levy); • a penalty for not paying a contribution or instalment of a contribution by the date for payment; • any other amount associated with the ownership of a lot.

When an owner owes a body corporate debt there are consequences.

• the owner is deemed “unfinancial” and: -

loses their right to vote on most general meeting motions;

-

is not eligible to nominate someone to be on the committee;

-

cannot be elected to the committee; and

• can be sued for the recovery of the amount.

General advice / by laws

Dispute resolution

Assignments

Amalgamation /termination

www.mahoneys.com.au

Liability limited by a scheme approved under Professional Standards Legislation

Off plan (BMS / CMS)

Experts in Body Corporate Law and Disputes Penalty interest and discounts If the body corporate approves the imposition of penalty on unpaid amounts (or the loss of any discounts for on-time payment) these amounts can quickly increase the indebted amount owing to the body corporate.

Recovering unpaid contributions Body corporate debts are recoverable jointly and severally against persons (including co-owners and a mortgagee in possession) who owned the lot when the debt became payable.

If a contribution or instalment of a contribution is not paid by the due date, the body corporate is obliged to take action to recover the amount.

The recovery process is the same for any other type of debt: • for small amounts (up to $25,000) proceedings may be started in QCAT; • larger amounts (up to $150,000) are usually recovered in the Magistrates Courts or a higher court as necessary.

The Body Corporate Commissioner does not have jurisdiction to hear debt disputes.

Once the body corporate has a judgment then it can seek to enforce that judgment.

This may include making the unit owner bankrupt and selling the unit – with the proceeds of the sale used to pay the body corporate debts (and any costs to recover this debt).

Cost of recovering body corporate debts The body corporate is entitled to recover the costs incurred in recovering the outstanding amount. This may include the cost of reminder letters, solicitor’s fees and court costs.

Recovery costs can quickly add up and in some cases, may even exceed the amount of the original unpaid contribution.

Time is of the essence The recovery of levies can be a slow and difficult process, but it need not be.

Whilst the body corporate must take action to recover any unpaid contributions within two years and two months from the date the contribution was due – it does not need to wait that long.

The key is to act quickly, taking steps to recover unpaid debts in a timely fashion - before the debt gets too big.

Mahoneys’ levy recovery team has acted for numerous bodies corporate in effectively recovering unpaid levies while minimising the cost and time to owners and bodies corporate.

Feel free to contact us if you have any questions about your body corporate’s rights and obligations or need assistance with recovering unpaid levies.

General advice / by laws

Dispute resolution

Assignments

Amalgamation /termination

www.mahoneys.com.au

Liability limited by a scheme approved under Professional Standards Legislation

Off plan (BMS / CMS)

When not to ‘let it go’…

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What late levy fees can be charged to lot owners?

Some lot owners missed levy notices because they were in junk mail. The committee agreed to waive interest charges, but not the late payment fee. What late levy fees can be charged to lot owners?

Several owners complained at being charged late payment fees and interest due to non payment of their levies. They claimed levy notices had not been received. All affected owners used Gmail. The levy notices were located in junk mail.

The committee took the view that the levy notices had been delivered to the owners even though they had been in junk mail.

The committee agreed the BC Managers had followed due process and were not responsible. The committee agreed to waive interest charges, but not the late payment fee, since this was a legitimate charge by the BC Managers. What late levy fees can be charged to lot owners?

18 www.lookupstrata.com.au

A body corporate can charge interest at 30% per annum (2.5% per month) and also its reasonable legal costs in recovering levies.

That’s sounds ‘reasonable’ to me.

The legislation in Queensland says that interest can be charged at 30% per annum (2.5% per month) on overdue levies. A body corporate can also recover its reasonable legal costs in recovering levies. Charging outside those amounts is arguably outside the legislation but that might depends on the arrangements the body corporate has in place. That would need to be reviewed before a properly informed comment could be made.

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

BY-LAWS CAN NOW BAN SMOKING Is your scheme ready for new laws?

Review your by-laws now to ensure they remain relevant and enforceable with new laws now in effect.

1. Prohibit smoking in common areas

Reasons to review your by-laws now

2. Prepare for the wave of electric vehicles 3. Ensure pet applications are enforced 4. Effectively deal with nuisance

Get your obligation-free assessment on whether your by-laws are valid and enforceable.

hyneslegal.com.au/by-law-review

19

Impact of candidate withdrawal on voting outcome

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Of the eight owners who nominated for election at the AGM, one withdrew before voting closed. Owners weren’t advised until after the count. Do we need to call another election?

At our AGM, eight owners were nominated for four ordinary committee member positions. A nominee withdrew two weeks before voting closed. Owners were not advised of this until votes were counted at the AGM. The number of votes received by the nominee was not declared. (1) Does this require another election to be called?

It appears that owners who receive correspondence by post did not receive the agenda and voting papers for the AGM. The legislation requires that owners receive at least 21 days notice of an AGM. Our community manager was told about five owners who had not received their AGM papers in the post. About 45 owners (15%) receive correspondence by post. (2) Does this require another election to be called?

What difference does it make to the overall scheme of things?

Looking at your questions in turn: On (1), probably not. There were still sufficient numbers to fill the committee positions. It would be up to an owner to show they suffered detriment or perhaps felt they were misled, by not having the details of the withdrawn nomination notified sooner. Even then I wonder if an adjudicator would consider there is sufficient ground to intervene. My questions to you: what difference does it make to the overall scheme of things whether the owner withdrew 2 weeks before, or that you don’t know what votes they had?

On (2), quite possibly. The whole point of notices and notice periods for an AGM is so that all owners have the chance to participate. If an owner doesn’t get papers, or doesn’t get them in time, then there is an argument they didn’t have a chance to fully engage in the process.

That said, it may come down to the numbers: would that percentage of owners you cite be enough of a difference to change the outcome of any of the votes at the AGM? Put another way: if all the votes at the AGM were close-run things, then yes, that percentage you cite may make a difference and there is a stronger case for the meeting to be re-run.

In a general sense, it is important to remember that simply because there is a fault with how a meeting was run, does not automatically require it to be re-run. Body corporate law is so complex and technical that it is almost impossible for 100% compliance to be achieved (indeed, there is a well-known court case which says essentially that).

This is general information only and not legal advice.

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

Strata Solve helps people untangle and resolve their strata issues. Sounds simple when you put it like that, doesn’t it?

Director Chris Irons (pictured, with his strata-approved greyhound Ernest) has an unrivalled strata perspective. As Queensland’s former Body Corporate Commissioner, Chris has seen and heard virtually every strata situation and nuance. He knows that while legislation provides a framework, there are many ambiguities to navigate through and in which pragmatism, commonsense and effective communication are vital.

As an independent strata consultant, Chris provides services which are all about empowering owners, committees, managers, caretakers, and others, to protect their strata interests. With a high-profile media and online presence, and as an accredited mediator, Chris is also able to carefully ‘read the room’ and craft the right narratives in even the most complex strata situation.

Strata Solve is not a law firm. Chris instead thinks of steps you can take before you embark on lengthy, costly, and stressful legal proceedings. Regardless of the client, all people in strata have one thing in common: their substantial investment in the strata scheme. Strata Solve prioritises that investment in each tailored solution we provide.

Get in touch to find out more.

email: chris@stratasolve.com.au web: stratasolve.com.au

21

Can the committee extend our energy supply contract without owner approval?

Can the committee extend our energy supply contract of $24,000 pa for another year without owner approval?

Our body corporate spending limit is $15,909 + GST. Our three year energy supply contract expires soon. The contract’s average cost is $24,000 per annum. Two BCMs from different companies have advised the committee they can authorise an extension to the contract for no more than 12 months without owner approval. Can you please advise?

General meeting approval is needed if the decision of the committee is to engage a contractor for more than 12 months or if the cost is more than the spending limit.

If the extension is already contemplated within the existing contract and is exercisable by the electricity provider, I can see how the conclusion can be drawn that this is within the power of the committee.

If it is a new agreement or a decision by the committee to extend, then it would seemingly require general meeting approval. General meeting approval is needed if the decision of the committee is to engage a contractor for more than 12 months or if the cost is more than the spending limit.

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

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Health & Safety Sinking Fund Forecasts Asbestos Auditing Insurance Valuations Caretaking Performance Reviews Caretaking Remuneration Reviews – Time & Motion Study Management Rights – Suitability Interview & Assessment Project Management Tax Depreciations Part Five Reporting

Can the body corporate padlock an emergency exit?

Our apartment block with 15 lots has a fire exit from our basement parking to the pool area. The body corporate recently put a padlock on this gate. Can they restrict an emergency exit? I’m concerned about fire safety.

Prescribed exits can not be locked or require opening with a key.

In any building, whether residential, commercial, or industrial, ensuring the safety of occupants is paramount. In the unfortunate event of a fire, having designated fire exits can make all the difference between a managed evacuation and a potential disaster.

Prescribed fire exits in buildings are strategically planned escape routes designed to facilitate safe and efficient evacuation during emergencies.

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Understanding the significance of prescribed fire exits within buildings is crucial for occupants and building managers to mitigate risks and ensure preparedness for unforeseen circumstances.

Therefore, prescribed exits can not be locked or require opening with a key. These doors must be openable by a single handed, downward or pushing action. Emergency exits will have an exit sign above or adjacent to the door and are also identified on the building’s evacuation diagrams. The Building Fire Safety Regulation 2008 set out the requirements for exit doors in section 10.

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

Occupier’s Statement

a tangible trail of due diligence proving that body corporates have taken all the required fire safety precautions.

What are the consequences of non-compliance?

Why do I need to complete and sign an annual occupier's statement?

If an investigation following a fire finds you were noncompliant, you could get fined, taken to court, or insurance claims may be compromised, which leaves both occupants and building owners vulnerable to financial losses.

What is the Occupier's Statement?

Why do I need a third-party fire safety audit?

The occupier's statement is a formal record that tracks all the checks and assessments done on a building’s fire safety systems. This includes things like air systems, emergency lifts, fire doors, extinguishers, lighting, alarms, and more.

Sometimes, having a contractor say they've done the work isn't enough to be sure everything's okay. During a fire safety audit, trained professionals examine all aspects of your building’s fire safety to identify any issues or areas for improvement.

Why is the Occupier’s Statement important?

Stefan Bauer Fire Matters

For body corporates in charge of shared properties, it adds a layer of legal assurance. In the aftermath of an incident or during routine inspections, it creates

READ MORE HERE

DON’T RISK IT! If a retrospective investigation finds any aspect of your fire safety non-compliant, you risk voided insurance, hefty fines and even jail. That’s why it’s crucial to get an independent third-party consultant to audit your building.

FIRE COMPLIANCE AUDIT

Fire Safety Installations Emergency Evacuation Plan Means of Escape Evacuation Diagrams

RESIDENT TRAINING

In-person fire safety training and evacuation drills. Plus, an online learning portal for anyone unable to attend.

OCCUPIER’S STATEMENT

Fire Matters provides an unbiased fire compliance assessment that could save you thousands. We also ensure your residents are fully trained in the event of a fire, giving you peace of mind when signing your occupier’s statement.

CONTACT US: 07 3071 9088

admin@firematters.com.au

www.firematters.com.au

We prepare the Occupier’s Statement on your behalf, so you can sign with confidence knowing all the compliance boxes have been ticked.

Have inflation fluctuations caused more cases of over or underinsurance?

Q

A

Because of recent inflation fluctuations, should committees arrange insurance valuations more regularly instead of waiting the typical five years? How have market fluctuations affected the insured amount?

Could we see more than usual cases of over or underinsurance?

Yes they should be arranging more regularly than the 5 years due to the recent construction market fluctuations.

26 www.lookupstrata.com.au

We’re recommending annual updates at the moment due to construction market fluctuations which have been significant since the pandemic.

It’s really important to have a valuation done more regularly and at the moment, five years is way too long. It’s an added expense, but it’s better than being underinsured by a significant percentage.

Inflation within the construction market directly affects the building sum insured / insurance valuation for a strata property. Media has drawn attention to 20% annual increases which have been relevant in some areas, this however is not applicable to all areas. On the other side of the coin some properties have been inflating their building sum insured / insurance valuation amount by the 20% per annum seen in the media which may not be relevant to their area, or property, resulting in significant overinsurance as well.

We can bring your sum insured back in line with what’s actually happening in the market for your property, not just based on the insurer’s automatic indexation. Prior to the pandemic the insurer’s automatic indexation was typically too high, but generally since the pandemic it has been too low and it cannot be relied upon.

Also, what is the basis of the number that the insurer is automatically indexing? Is it correct, current and relevant to your property?

An independent valuation for your property rather than being based on what has been read or seen in the media is key, especially at the moment in a rapidly moving market.

Zac Gleeson | GQS zac@gqs.com.au READ MORE HERE

The SCAQ Differen Your property is one of your biggest investments and it should be nurtured and managed so it increases in value.

The value of your strata property depends on the effectiveness of the body corporate and its management.

SCAQ members have you covered.

Engaging a professional strata manager who is a member of SCAQ is the key to maximising the value of your property.

SCAQ members are: • Accountable to industry Professional Standards • Deliver trusted, expert guidance • Protect your investment • Increase your strata knowledge • Save you money • Minimise your risk • Safeguard your fees.

Professional strata manager is not a term regulated or protected by Government. The only professional strata managers who are endorsed or accredited in any meaningful way are those who have been through the SCAQ accreditation and training.

My strata manager is with SCAQ, is yours?

The SCAQ Difference The SCAQ pathway for accreditation and ongoing professional development is recognised nationally and internationally. When you choose a professional strata manager you entrust them with your money and compliance with your obligations, it is important to have someone you know can be trusted.

SCAQ members, unlike other strata managers having rigorous external standards put upon them, and they are answerable to best practice standards across industry.

Members of SCAQ are required to: • Undergoing Mandatory Training and Continuing Professional Development to maintain their membership with SCAQ • Maintain professional indemnity insurance • Meet ethical requirements and conform to a code of conduct overseen by a professional standards committee

Why use an accredited Strata Professional?

The SCAQ accreditation pathway is rigorous and industry leading. It is underpinned by a staged approach to work in the industry, with stages of accreditation taking years to achieve. This supervisory approach helps ensure appropriate mentoring by senior members of industry, as well as bringing participants up to speed on the latest theory and practice in the industry.

This pathway takes years to achieve full competence and certification in it should serve as peace of mind for lot owners that their asset is being managed with professional skill, care and years of experience.

nce Skills of an SCAQ Member SCAQ members learn a variety of skills throughout their education and in an ongoing fashion through classroom style as well as on the job training.

These include: • Financial management • Insurance advisory • Building maintenance • Contract management • Dispute resolution • Administration best practice

SCAQ members are the best in their field, with professional, educational and ethical obligations on them which are second to none in the industry.

If your Strata Manager is not an SCAQ member, we encourage you to make the switch to ensure that your home is protected by the guarantee of quality that comes with SCAQ membership.

Find out more: www.qld.strata.community

Your source of reliable Strata news and information since 2013 Providing detailed, practical, and easy to understand strata information to all Australians.

Articles & Q&As The Strata Magazine Webinars & Newsletters The LookUpStrata Directory

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STRATA MANAGEMENT Tower Body Corporate

Your Building Matters P: 07 5609 4924 W: https://towerbodycorporate.com.au/ E: info@towerbodycorporate.com.au

Bright & Duggan

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

Vision Strata Services

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

SSKB Strata Managers

A Positive Difference in Strata P: 07 5504 2000 W: https://sskb.com.au/ E: sskb@sskb.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

Bryant Body Corporate Management Not All Agents Are the Same!

P: 07 5437 7777 W: https://www.bryantstrata.com.au/ E: peterbryant@bryantstrata.com.au

Quantum United Management

Creating vibrant and connected communities P: 61 38360 8800 W: https://www.quantumunited.com.au/ E: info@quantumunited.com.au

DEFECT RESTORATION Building Rectification Services

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

Ouroboros design

Architect assistance with upgrades and renovations P: 0400 152 833 E: garymo12@gmail.com

TRADECOM GROUP

Innovative Commercial Building Projects P: 1300 301 888 W: https://tradecomgroup.com/ E: services@tradecomgroup.com

STRATA REPORTS Rawlinsons

Calculated Confidence P: 08 9424 5800 W: https://www.rawlinsonswa.com.au/ E: info@rawlinsonswa.com.au

Strataregister.com Pty Ltd

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

INVESTMENT SERVICES Strata Guardian

Fight low returns and rising levies with us.

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

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

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BUILDING ENGINEERS & INSPECTORS 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

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

BCRC

Construction Materials & Durability Consultants P: 02 9131 8018 W: https://bcrc.com.au/ E: sydney@bcrc.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: 0407 734 260 W: https://www.hfmassets.com.au/ E: info@hfmassets.com.au

Leary & Partners

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

BIV Reports

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

Pircsa Pty Ltd

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

Quality Building Management

keeping your buildings legally compliant and safe P: 1300 880 466 W: https://qbm.com.au/ E: sales@qbm.com.au

Solutions in Engineering

Quality Reports On Time, Every Time!

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

CORE Consulting Engineers

Delivering 360° engineering solutions for strata P: 02 8961 3250 W: https://core.engineering/ E: admin@core.engineering

Mabi Services

Asbestos, Safety & Building Consultants P: 1300 762 295 W: https://www.mabi.com.au/ E: cinfo@mabi.com.au

Olive Tree Consulting Group

Solutions in Strata Compliance P: 0400 161 659 W: https://olivetreeconsultinggroup.com.au/ E: admin@olivetreeconsultinggroup.com.au

Independent Inspections

Sinking Fund Forecast, Insurance Valuations, OHS P: 1300 857 149 W: http://www.iigi.com.au/ E: admin@iigi.com.au

MARKETING PRINT YOUR DIRECTORY HERE

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INSURANCE Strata Insurance Solutions

STRATA LAWYERS Mahoneys

Protecting owner assets is who we are.

P: 1300 554 165 W: https://www.stratainsurancesolutions.com.au/ E: info@stratainsurancesolutions.com.au

Body Corporate Law & Dispute Resolution Experts P: 07 3007 3777 W: www.mahoneys.com.au/industries/bodies-corporate-strata/ E: info@mahoneys.com.au

Whitbread Insurance Brokers

Hynes Legal

Empower Your Vision P: 1300 424 627 W: https://www.whitbread.com.au/ E: info@whitbread.com.au

Industry leaders delivering real strata solutions P: 07 3193 0500 W: https://hyneslegal.com.au/ E: frank.higginson@hyneslegal.com.au

CHU Underwriting Agencies Pty Ltd

Bugden Allen Graham Lawyers

Specialist Strata Insurance Underwriting Agency W: https://www.chu.com.au/ E: info_nsw@chu.com.au

Specialising in property development & strata law P: 07 3905 9260 W: www.bagl.com.au E: info@bagl.com.au

Strata Community Insurance

Douglas Cheveralls Lawyers

Flex Insurance

Mathews Hunt Legal

Driscoll Strata Consulting

Moray & Agnew Lawyers

Protection for your strata property. And you.

P: 1300 724 678 W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au Your Cover Your Choice P: 1300 201 021 W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au Knowledge | Experience | Service P: 0402 342 034 W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au

Sure Insurance

Sure. Insurance, but Fair P: 1300 392 535 W: https://sure-insurance.com.au/strata-hq/ E: strata-quotes@sure-insurance.com.au

CRM Brokers

The smart insurance choice P: 1300 880 494 W: https://www.crmbrokers.com.au/strata-insurance/ E: crmstrata@crmbrokers.com.au

The Go-To Strata Lawyers P: 08 9380 9288 W: https://www.dclawyers.com.au/ E: office@dclawyers.com.au BODY CORPORATE LAWYERS... EXCLUSIVELY P: 07 5555 8000 W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au Legal strategies and solutions for our clients P: 03 9600 0877 W: https://www.moray.com.au/ E: https://www.moray.com.au/

Grace Lawyers

Know. Act. Resolve.

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

Royer Mace Lawyers

PRINT YOUR DIRECTORY HERE

Your Property is our Priority P: 0434 388 898 W: https://royermace.com.au/ E: solon@royermace.com.au

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SOFTWARE MiMOR

Connecting People – Creating Communities P: 0414 228 644 W: https://www.mimor.com.au/ E: info@mimor.com.au

Stratabox

Building Confidence P: 1300 651 506 W: https://stratabox.com.au/ E: contact@stratabox.com.au

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

Onsite Building Management Software Modern and user friendly BMS P: 0490 091 887 W: https://onsite.fm E: hello@onsite.fm

Stratafy

Only Complete Cloud Strata Software ecosystem P: 1300 414 155 W: https://stratafyconnect.com/ E: sales@stratafyconnect.com

EDUCATION & TRAINING LookUpStrata

Australia’s Strata Title Information Site W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au

Strata Community Association P: 02 9492 8200 W: https://www.strata.community/ E: admin@strata.community

Owners Corporation Network

The Independent Voice of Strata Owners W: https://ocn.org.au/ E: enquiries@ocn.org.au

Your Strata Property

Demystifying the legal complexities of apartment living

W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au

ACCOUNTANTS Tinworth & Co

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

Matthew Faulkner Accountancy

Strata Auditing specialists P: 0438 116 374 W: https://www.mattfaulkner.accountants/ E: matt@mattfaulkner.accountant

WINDOWS & DOORS Windowline Pty Ltd

Australia’s strata replacement window & door specialists

P: 02 8304 6400 W: https://windowline.com.au/ E: info@windowline.com.au

Clear Edge Frameless Glass

Energy Efficient Balconies for Elevated Living

W: https://www.clearedgeglass.com.au/ E: sales@clearedgeglass.com.au

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ELECTRICAL

CLOTHES LINES

Altogether Group

Lifestyle Clotheslines

Energy On Pty Ltd

PAINTING

Power.Water.Data P: 1300 803 803 W: https://altogethergroup.com.au/ E: eaustin@altogethergroup.com.au Providing utility network solutions P: 1300 323 263 W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au

ENM Solutions

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

EMERLITE ELECTRICAL SERVICES

We Answer The Phone - No Job Too Big Or Small P: 07 5591 9191 W: https://www.emerlite.com.au/ E: office@emerlite.com.au

FIRE SERVICES Fire Matters

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

PEST INSPECTION Control Pest Management – Brisbane Pest Control Professionals P: 1300 357 246 W: https://controlpestmanagement.com.au /locations/brisbane-pest-control/ E: ray@controlpestmanagement.com.au

ANTENNAS Install My Antenna

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

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

Higgins Coatings Pty Ltd

Specialist painters in the strata industry W: https://www.higgins.com.au/ E: info@higgins.com.au

Rochele

Prompt & Professional

P: 1300 808 164 W: https://rochele.com.au/ E: jeremy@rochele.com.au

STRATA LOAN PROFESSIONALS Lannock Strata Finance

The Leading Strata Finance Specialist P: 1300 851 585 W: https://lannock.com.au/ E: strata@lannock.com.au

StrataLoans

The Experts in Strata Finance P: 1300 785 045 W: https://www.strata-loans.com/ E: info@strata-loans.com

Austrata Finance

Use Your Money or Borrowed Money: It’s Your Choice P: 1300 936 560 W:https://austratafinance.com.au/ E: info@austratafinance.com.au

DELIVERY & COLLECTION SERVICES Groundfloor™

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

ROOFING Leaf Shield

PRINT YOUR DIRECTORY HERE

Leafshield Gutter Protection Specialists P: 1300 362 246 W: https://leafshield.net.au/why-leafshield/ E: info@leafsheild.net.au

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SUSTAINABILITY

RECRUITMENT SERVICES

The Green Guys Group

sharonbennie – Property Recruitment

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

Matching top talent with incredible businesses P: 0413 381 381 W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au

Humenergy

Essential Recruitment Solutions

Fair Water Meters

LIFTS & ELEVATORS

People, Innovation and Value Sharing P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au Fair water - fair bills P: 1300324701 W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au

CONSULTING Strata Solve

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

FACILITY MANAGEMENT LUNA

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

RFM Facility Management Pty Ltd

Strata and Specialist Cleaners P: 1300 402 524 W: https://www.rfmfacilitymanagement.com.au/ E: nathan@rfmfacilitymanagement.com.au

ENERGY Arena Energy Consulting Pty Ltd

Independent Embedded Network Consulting Services P: 1300 987 147 W: https://www.arenaenergyconsulting.com.au/ E: info@arenaenergyconsulting.com.au

Embedded Network Arena

Independent Embedded Network Consulting Services P: 1300 987 147 W: https://embeddednetworkarena.com.au/ E: info@embeddednetworkarena.com.au

Specialising in Strata recruitment P: 0448 319 770 W: https://www.essentialrecruitmentsolutions.com.au/ E: maddison@essentialrecruitmentsolutions.com

Innovative Lift Consulting Pty Ltd

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

The Lift Consultancy

Trusted Specialised Advice P: 07 5509 0100 W: https://theliftc.com/ E: sidb@theliftc.com

ABN Lift Consultants

A team of friendly, open minded professionals P: 0468 659 100 W: https://www.abnlift.com/ E: andrew@abnlift.com

VALUERS Asset Strata Valuers

Leaders in Strata Property Valuations P: 1800 679 787 W: https://assetstratavaluers.com.au/ E: workorders@assetstratavaluers.com.au

Adelaide StrataVal

Strata & Community Insurance Valuations P: 08 71112956 W: https://www.strataval.com.au/ E: valuations@strataval.com.au

SAFETY & SECURITY Pacific Security Group

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

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Advertise with VIEW OUR MEDIA KITS: As of April 2022, The Strata Magazines received a national audience engagement of around 20,000 views within one month of their release.

For the Strata Magazine Media Kit CLICK HERE

LookUpStrata’s Newsletters have a national audience of just under 20,000 subscribers.

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