The QLD Strata Magazine | October 2022

The QLD

STRATA MAGAZINE

Can the BC regulate the use of common property

Page 10 | Strata Solve

How can I learn to understand our financial statements?

Page 12 | Tower Body Corporate

The committee must put into effect the lawful decisions of the Body Corporate

Page 14 | Mahoneys

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, and is currently in her third term on the SCA (WA) Education and Professional Development Committee now known as the Industry Understanding Committee.

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

in this magazine,

www.lookupstrata.com.au

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. www.lookupstrata.com.au

be relied upon as legal advice.

www.lookupstrata.com.au

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response to submitted questions, is not legal advice and should

should seek independent advice before acting on the information contained in this magazine.

Contents

4 Legal responsibilities of the executives on the committee

Chris Irons, Strata Solve

6 How to group options in a motion

William Marquand, Tower Body Corporate

8 Lack of lot maintenance causing damage to common property

Tyrone Shandiman, Strata Insurance Solutions

10 Can the BC regulate the use of common property

Chris Irons, Strata Solve

12 How can I learn to understand our financial statements?

William Marquand, Tower Body Corporate

14 The committee must put into effect the lawful decisions of the Body Corporate

Holly Dunne, Mahoneys

16 Is the Strata Manager responsible if BC funds are paid to a scam account?

Michael Kleinschmidt, Stratum Legal

18 Can the committee delegate the enforcement of bylaws?

Chris Irons, Strata Solve

20

If an owner’s proposal has been rejected, does the committee have to say why?

William Marquand, Tower Body Corporate

22 If an owner changes the door lock, who pays for damage caused by emergency access?

Todd Garsden, Mahoneys

24 There is no such thing as a standard management rights agreement

Frank Higginson, Hynes Legal

26

If we’re looking to sell to a developer, can we cut back on the sinking fund?

Dakota Panetta, Solutions in Engineering

28 YIMBY isn’t just a slogan, it’s a way of life.

SCA (Qld)

30 The QLD LookUpStrata Directory

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Legal responsibilities of the executives on the committee

What are the legal responsibilities of the executives on the committee of a strata complex?

The responsibility is to act reasonably.

Fulsomely answering your question would likely take several days, if not weeks. Each executive member of the committee does different things in different situations. For example, a secretary has an administrative role in dispatching and receiving notices for a meeting, but the chairperson (usually) chairs it.

If you’re looking for a single, overarching responsibility for the executive committee, then in Queensland, that responsibility is to act reasonably. That is required by legislation and means different things in different situations.

Perhaps you have a specific scenario in which committee responsibilities are at issue?

How to group options in a motion

We have two motions about the appointment of a Body Corporate Manager for our AGM. Can these motions be combined into one that lists all four options?

We have two motions about the appointment of a Body Corporate Manager for our AGM. One was submitted by the committee giving a choice of three options. Another was submitted by an owner to appoint a different BCM.

Can these motions be combined into one now giving a choice of four options? If not, does it make much difference about the order in which they are presented?

Do options motions have to be decided by “first past the post” or can they be done on a full preferential system as in federal / state elections, or can the preference mechanism be something else again (like optional preferential or a points system whereby first preference receive one full vote and lower preferences receive a partial vote – like second preferences receive a 1/2 vote etc).

All of the options received should be listed under the same motion known as a ‘Group of the Same Issue’ motion.

All of the options received should be listed under the same motion known as a ‘Group of the Same Issue’ motion.

The motion allows owners to choose between a range of comparable options.

The voting mechanism for these motions is essentially first past the post – the option with the most votes wins.

If there is a tie, matters become more complicated as you also have to count votes against each motion – so it is important for

owners to vote not just on what they want but what they don’t want. Ultimately, if two proposals have the same number of votes the matter can be decided by a game of chance.

That all sounds good, but if you know anything about politics you will know that first past the post voting can produce some wonky outcomes. This is often the case when one group of voters band together to favour one position. In first past the post votes, that group may end up with their preference being selected even if it is not the overall preference of the majority who have spread their votes across a range of other options. Preferential voting helps eliminate this scenario, but is not available here.

For that reason it may be worth considering how many proposals are being put forward and reducing these so that owners can identify a clear preference. In practice, this likely means the Committee being selective with the options they put forward although there is room for negotiation with owners who have made submissions.

When it comes to selecting body corporate managers, I would suggest that three options are plenty and two may be better. That’s not always possible, but the more defined the options are the easier it is for people to decide and be satisfied with the outcome.

For more on Group of the Same Issue Motions, the BCCM has this presentation with a flow chart on the decision making matrix: Explaining group of same-issue motions.

LookUpStrata has this video on the issue: An Example of a Same Issue Motion (previously Motions with Alternatives) with Todd Garsden from Mahoneys.

William Marquand

Lack of lot maintenance causing damage to common property

Lack of maintenance to a shower caused damaged to a hallway. Is the owner responsible for the repairs to common property? How is the insurance claim handled?

An owner of a unit ignored obvious grout issues in their shower. The shower is on the same wall as the hallway and the skirting in the hallway began to rot and crumble. 3 months ago, the cause of the leak and damage was established as the unsealed shower but the

owner still hasn’t carried out any repairs. The skirting damage continues to spread.

After watching this webinar with Tyrone Shandiman I have a few questions: Water Damage Insurance Claims

Does the body corporate send the bill for the resulting repairs to the common property to the owner? Is it up to the owner to decide if they want to lodge a claim under the building insurance?

There are 2 options available to the body corporate.

If the body corporate believes the owner is responsible for the damage and does not want to cover costs associated with the owners failure to fix the known issues, there are 2 options available to the body corporate:

1. Letter of Demand to Owner: If due to the owners failure to maintain their property in good condition, common property has been damaged, the body corporate can send a letter of demand to the owner. The owner will then have the option to lodge a public liability claim on their contents insurance or a strata insurance claim.

2. Lodge a claim on strata insurance –it should be noted that:

a. The insurer may apply exclusions associated with failure to rectify know building defects, errors or omissions –

likewise damage must be from a “sudden and accidental” event.

b. The owner should be liable for the excess.

c. The leak would be required to be fixed (with evidence such as a repair invoice confirming this) before the insurer considers cover for the consequential damage.

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

READ MORE HERE

Can the BC regulate the use of common property

Around 20 residents have been meeting in the pool area for drinks on a Sunday afternoon. Some residents have complained about the noise and the BC is talking about introducing a booking system to control the use of the space. Really! How can this be reasonable?

We live in a highrise consisting of 156 Units and there is a common area open 7am to 9pm consisting of a BBQ are next to a pool area.

Around 20 residents have been meeting in this space to chat, have nibbles and a drink together on a Sunday afternoon up to around 7 pm. The Body Corp have introduced new ByLaws regarding noise. The Body Corp says they have received complaints regarding the noise from the gathering.

3 units directly overlook this area and we feel these are the ones complaining about the noise.

The Body Corp have indicated that if this continues, they will evoke one of our ByLaws that states:

The Body Corporate may operate a system under which owners and occupiers may book for the use of the facilities, and the system may include rules to as to:

1. maximum time limits: and

2. how the booking list is operated and by whom.

How can the Body Corporate arrange a booking system for the use of a common area of the Pool and BBQ areas and dictate this to us?

Your use of the pool area might seem perfectly fine to you, but it might not be fine to others.

The Body Corporate has responsibility for managing common property. While generally that means the body corporate cannot prohibit access to common property, or discriminate between different types of people accessing common property (e.g., one rule for tenants and another for owners), it is reasonable for the body corporate to regulate access to common property. That might mean a booking system.

Think about it practically: let’s just say there is a common use tennis court for a 100-lot building. Managing use of the tennis court would be impossible without some kind of scheduling (especially if a lot of people there liked tennis!)

You also need to keep in mind that the body corporate is responsible for enforcing bylaws. It is typical there is a by-law about noise and nuisance. Even if your gatherings are during the day, if they are causing noise and nuisance – and I stress, I do not know enough at this stage to know if that is the case – then the body corporate are obliged to address that.

Putting all the above to one side for a moment, remember that you are in a community. There is give and take. Your use of the pool area might seem perfectly fine to you, but it might not be fine to others, and vice versa. I’m afraid that is part and parcel of living in a community titles scheme. If you want this situation resolved amicably, so that you and everyone else can get the best possible outcome (compromise), you would want to start discussing and talking with the body corporate about this situation. There might be any number of relatively simple solutions that can work. Also, a tip: maybe avoid using words like ‘dictate’. It’s unnecessarily emotive.

Chris Irons | Strata Solve chris@stratasolve.com.au

READ MORE HERE

How can I learn to understand our financial statements?

I am at odds with our financial statements. Is there any training for understanding these accounts?

I am at odds with our financial statements. The spending of the Admin Fund exceeds the budget. How are these expenses paid? The Sinking Fund has liabilities. I thought it was an asset.

Is there any training for understanding these accounts?

Most people in the industry are helpful and interested in helping people who want to learn.

Body Corporate management can be pretty confusing at times. If it makes you feel any better body corporate managers are constantly looking at and discussing the implementation of the legislation – it’s rarely as black and white as the words on the page.

In terms of training there are some resources that can assist.

The Commissioner’s office has a series of training modules that provide a good guide to body corporate affairs: Online body corporate training

Strata Community Australia also offer some training sessions: Owner Education and Events in Queensland

You could also ask your body corporate managers – they may be happy to put on a session for you and other owners.

Then there are some private options that you can find with a Google search.

A new version of the body corporate law handbook has just been publish and you might want to check that out – the last one was an invaluable resource: Body Corporate Law Handbook (Qld)

Hopefully, too, the responses on these pages can help provide practical information about how schemes really operate.

It can take time to understand and at times it can be hard to work out what is right. Generally though I find most people in the industry to be helpful and interested in helping people who want to learn – so if you ask you should be able to find some answers.

William Marquand | Tower Body Corporate

At my recently purchased apartment, there are two tree stumps in the backyard. The minutes state the stumps were also meant to be removed by strata. Is it too late for me to ask that the stumps to be removed?

At my recently purchased apartment, there are two tree stumps in the backyard.

I have reviewed the minutes prior to the trees being cut down and it states the stumps were also meant to be removed by strata, but for some reason, this has never occurred.

The committee must put into effect the lawful decisions of the Body Corporate

Is it too late for me to ask that the stumps be removed? As it has been around 12 months and there has been a change of ownership of the apartment, am I too late to request this?

The committee must put into effect the lawful decisions of the Body Corporate.

A lot owner may rely on any prior approval granted by the Body Corporate in relation to the removal of the palm tree and stumps.

Relevantly:

a. section 101 of the Body Corporate and Community Management Act 1997 (Qld) provides that the committee must put into effect the lawful decisions of the Body Corporate.

b. in West Court [2004] QBCCMCmr 589 the adjudicator provides:

As the body corporate has resolved to have the footpath repaired at the recent annual general meeting, there is no longer a dispute and therefore no order is necessary. I would remind the body corporate committee that section 101(2) of the Act requires that “… the committee must put into effect the lawful decisions of the body corporate.” That is, the committee must proceed to have the footpath repairs carried out within a reasonable time.

The Body Corporate would not be required to carry out the works if:

a. the Body Corporate passed a further resolution to revoke its approval for the removal of the tree stumps; or

b. the tree stumps were situated within the boundaries of the Lot (as the Body Corporate has no authority to make an improvement to a lot).

MORE HERE

Is the Strata Manager responsible if BC funds are paid to a scam account?

Who is responsible for the loss if the Strata Manager pays BC funds into a fraudulent bank account?

A contractor had his email account hacked and an invoice was sent by the fraudster to the building manager with the bank account details changed. The manager and treasurer approved the invoice for payment.

The committee are considering taking legal action against the strata manager for the loss. They claim the strata manager should have had controls in place to detect this and they should not have paid the fraudster. There is nothing in the strata managers agreement referring to this.

I am concerned that, not only would our scheme lose the case, but we would also be up for the legal costs of both the scheme and the strata manager on top of the loss.

Who should be responsible for the loss and should the strata manager bear some responsibility?

Resolving the law relevant to the factual scenario is complex because of the many issues involved.

This is a distressingly common sight, and becoming more common week by week. Resolving the law relevant to the factual scenario is complex because of the many issues involved. For example:

1. the contract between the Body Corporate and the contractor;

2. the contract between the Body Corporate and the strata manager;

3. consumer and banking laws and the policies and practices of banks and credit card providers;

4. the fiduciary relationship between a body corporate and it’s strata manager; and

5. the strata legislation.

Courts in Queensland have examined some of these issues but the combination of facts rarely come up the same, from case to case, not the least because of the speed with which the scams change and evolve. Claims for

similar matters under the Australian Consumer Law have had some success, while claims in negligence for economic loss typically don’t succeed unless the relationship is one giving rise to a recognised duty of care; for example solicitor and client. Solicitors are commonly found to be liable in similar situations, and as a result are now subject to very strict obligations when dealing with client moneys.

It’s hard to see how a strata manager would have a significantly lower standard of care owed to their bodies corporate than a solicitor to their client. If the standard of care was reasonably similar, then the strata manager would have to verify the payment details before making the payment, using a separate and secure communications channel with the contractor.

Claims against solicitors are a useful comparison for two other reasons. First, there is usually an apportionment of loss between the parties at fault, based on how ‘at fault’ the court thinks they are. For example, the fraudster may be 80% liable and the solicitor 20% liable. Apportionment can easily turn a

victory Pyrrhic if the claim amount is not large to begin with. What plaintiffs suing solicitors have the advantage of, however, is dealing with professional indemnity insurers keen to dispose of valid claims quickly and at least cost. Settlement without protracted litigation is the usual result.

It is common for strata managers to have professional indemnity insurance, or at least the larger or corporate ones usually do. Litigation should be a last resort but is often necessary where novel issues of liability arise. Costs are almost always a two way risk, because in most courts they ‘follow the event’. If you win, you can expect some of your costs back. If you lose, you can expect to have to pay some. Good advice before making the decision to litigate is the best protection for most bodies corporate.

Michael Kleinschmidt | Stratum Legal info@stratumlegal.com.au

MORE HERE

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Can the committee delegate the enforcement of bylaws?

Many owners in our large complex park in visitor parking from time to time. The committee has never really enforced parking rules, but have recently engaged a company to enforce parking. Is this permitted?

In our 110 unit complex, the committee has never taken action to enforce the onsite car parking rules, apart from the occasional newsletter.

Many owners and occupiers use the visitor car parks from time to time. Most residents do not mind. I have not seen anything in Body Corporate minutes regarding enforcement but now they

have decided to allow an outside company to enforce parking in the carpark. Is this permitted?

This is not a commercial car park, and the outside company have no legal right to issue fines. As owners, where do we stand?

It’s not entirely clear from your query what’s occurred, but it seems as though an outside contractor has been engaged to regulate parking. Your first step is to find out the terms of that – are there any minutes about it or do you recall being asked to vote on the concept (if you’re an owner)?

There may be several actions which follow depending on what has occurred there. For example, there are restrictions on what the committee can and can’t do in relation to deciding upon proposals and use of common property.

It would also depend on the terms of the contract with the contractor.

Putting that to one side, it’s almost irrelevant whether or not the contractor is there because at the end of the day, it remains the committee’s responsibility to enforce the by-laws in relation to parking and they can’t delegate out that responsibility. Your query doesn’t actually say what the by-laws are but it seems as though there’s been a bit of a casual approach to parking up to now. You need to lay your hands on the by-laws, if you don’t have a copy then you can obtain them from the Titles Office. If you’re an owner then you can propose changes to the by-laws at a general meeting. If you are wanting by-laws about parking

to be enforced, you can go through the process of having the body corporate (via the committee) to do that or, if the body corporate won’t, you can pursue that yourself through dispute resolution through the Commissioner’s Office.

If you’ve got designated visitor car parks then owners and occupiers shouldn’t be using those, regardless of whether everyone is ok with that. It may be a breach of the conditions of development of the building and lead to issues with the local council.

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.

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

The committee is responsible for enforcing the bylaws in relation to parking and they can’t delegate that responsibility.

If an owner submits a proposal and the majority vote to reject the proposal, is the Committee obligated to explain why it has been rejected?

If an owner submits a proposal to the Committee meeting, and the majority vote to reject the proposal, is the Committee obligated to explain why it has been rejected other than “rejected by majority vote”?

If the answer is yes they must provide context. How are they to communicate this context –through meeting minutes, or any other form of communication?

The Committee is required to make reasonable decisions and if it doesn’t provide some explanation for decision making, the more likely it is that the decision will be seen as unreasonable.

Technically, the Committee is not required to provide an explanation – the motion should be self-explanatory and all the committee needs to do is vote on the matter and record the vote.

However, the Committee is required to make reasonable decisions and if it doesn’t provide some explanation for the decision making the more likely it is that the decision will be seen as unreasonable. Owners might challenge the decision via the Commissioner’s offer and it might be overturned. There may be some community rancor if it was felt that the Committee was just making high-handed decisions.

As such, it would usually be recommended for some explanation to be provided. It doesn’t need to be lengthy, but should contain a rationale as to why the proposal was not appropriate. This might help provide guidance to the applicant and other owners as to what is required to submit a successful motion in the future. Hopefully, it will also help committeeowner relations. If owners can see that the Commitee have reasonably considered the proposal, they are more likely to be happy with the job they are doing.

As to whether the advice should be formal or informal, there is no requirement either way as there is no requirement to give the advice, but good Committees will judge the situation and make a choice in the best interests of the scheme and applicant. If they are seeking to set a precedent or baseline for future applications, it might be best to put the advice in the minutes so it could be referred to in the future. If it was a more delicate matter, a quiet word might suit.

If an owner’s proposal has been rejected, does the committee have to say why?

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If an owner changes the door lock, who pays for damage caused by emergency access?

An owner changed the door lock. When an emergency occurred, the Fire Department gained access by breaking down the door as they could not use the master key. Who pays to replace the door?

In a body corporate building where unit locks are part of the security system, a unit owner changed the door lock. The key is no longer part of the body corporate system.

In an emergency situation, the Fire Department broke down the unit door because access was not available. The Fire department has a master key to the building for emergency use.

Who is responsible for the door replacement cost? Is it the Body Corporate or the unit owner.

In a genuine emergency situation where a lot owner’s property has been damaged, the costs to replace/fix the property will be borne by the lot owner.

In a genuine emergency situation where a lot owner’s property has been damaged, the costs to replace/fix the property will be borne by the lot owner.

In Burleigh Beach Tower [2009] QBCCMCmr 163, the Adjudicator held that the body corporate is not permitted to master key the locks to each lot in order to be able to exercise its emergency access right under section 163 of the BCCMA. This case affirmed the decision in Trafalgar Towers [2004] QBCCMCmr 153 where the Adjudicator relevantly held (our emphasis):

“It goes without saying that if there were an emergency and access was required to a lot which was not master keyed, then if the owner

or occupier of the lot in question was not at home, access would have to be gained by other means, whether by a locksmith or by an emergency service such as the Fire and Rescue Service. The applicant acknowledges such a possibility. Provided it could be shown that it was a genuine emergency and access to the lot was in fact necessary, then the cost of gaining access by such alternative means would most likely be payable by the owner or occupier in question.”

Todd Garsden | Mahoneys tgarsden@mahoneys.com.au

READ MORE HERE

There is no such thing as a standard management rights agreement

Our caretaker’s agreement mentions the responsibility for mowing ‘verges’ but does this also mean common area? The wording is causing a few headaches. How do we resolve this?

Our Caretaker’s contract was written back in 2010 and the wording is causing a few headaches. The word ‘verges’ is causing the biggest problem.

We have quite a few verges in our complex and we have a grassed common area around our swimming pool but people are mixing the use of the words verges and common area as meaning the same.

The caretaker is responsible for mowing verges but are they responsible for mowing the common area. Can you shed any light on this, please?

There is no such thing as a standard management rights agreement so each one needs to be read in detail.

Can I respectfully suggest that there will be far more to the interpretation of this than the words. There are inevitably going to be other clauses, definitions or references in the agreement that will colour what the obligations are. There is no such thing as a standard management rights agreement so each one needs to be read in detail to confirm the position on issues like these. And you can sometimes expect there to be inconsistencies!

Hynes Legal

Frank Higginson

If we’re looking to sell to a developer, can we cut back on the sinking fund?

With a potential sale of our scheme, it is highly unlikely our old building will be standing in 10 years time. How do we deal with this in the forecast?

Interest is currently being shown by a number of developers in our 41 year old strata building. It is highly unlikely that the building will be standing in 5-10 years time.

What bearing does this have on our forecasting over the next 10 years for major items like window replacement, balustrade, etc? Monies are accrued now for expenses unlikely to be actualised. To reduce contributions, some owners have requested we remove these items from the forecast. Is this the correct way to deal with the problem?

The legislative duty to maintain the common property and forecast future expenses cannot be reneged on the basis of a potential sale of the scheme.

This is a really great question, and one that would many BCs would be facing, particularly those older schemes. In QLD under current legislation, you would need 100% agreement from every owner, known as a resolution

without dissent, to sell the entire scheme to a developer. In QLD this is often hard to achieve in a larger scheme as even one owner refusing will completely halt the progress of this.

Regardless of any proposed, theorised, hypothetical or contractual arrangement to sell to a developer, a Body Corporate has a legislated duty to maintain the common property, forecast future expenses (10 years worth) and raise sufficient funding for this period in the form of a sinking fund. This legislative duty cannot be reneged on the basis of a potential sale of the scheme.

Should a BC fail to fulfil this duty to maintain the scheme during the period between now and the settlement date of developer purchase, an owner could argue the BC has fallen into disrepair and have a case to seek remedy for damages. Similarly if the proposed sale of a scheme falls through (such as post a world pandemic when many construction companies are falling into receivership) and year 10 rolls around, you will have a significantly underfunded scheme with many maintenance issues, again giving reason for owners to sue the BC.

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Queensland is in the midst of a housing crisis. An explosion of interstate migration, plus a trend away from share housing through COVID-19, and a new build construction slowdown has created a perfect storm that has seen the price of renting and buying property skyrocket as housing availability evaporates.

This may be good if you own your own home or are an investor. But, if you’re a renter, looking to buy a home or are even more tragically, genuinely homeless, the past 18 months have been trouble for you.

Property, like anything, is subject to the unbreakable law of supply and demand, and it seems, quite simply that there isn’t enough liveable property in Queensland to house our population.

This housing crisis did not happen overnight.

Some people might believe this is a relatively new phenomenon, however it is not. Home ownership rates across all demographics have been trending down for decades. Whilst rents haven’t been under the same significant pressure we’re seeing now, the present crisis is a real case of the all the chickens coming home to roost.

Our complex state and local government planning systems, rather than facilitating appropriate growth and density in our state, has seen development in existing and growth urban areas stalled all too often. The so-called NIMBY (Not in my Backyard) syndrome has really controlled a large part of our community psyche and often holds local councils to ransom. This has led to the dreaded urban sprawl, which almost all experts agree is bad for the environment, bad for the economy and importantly, bad for people.

The most challenging aspect of this current predicament is the harsh reality that we can’t build ourselves out of this housing crisis overnight. In fact, it will take many years.

While we can’t build more houses overnight, what we can do is foster better thinking about how we tackle urban development and how strata will play an important role in better community outcomes.

We need to encourage a shift in mindset from the current state which is concerned with opposing development near us and of protecting our neighbourhoods from the ‘mythical enemy’ that is a block of units, to one that is more positive and reframes our approach to community. The fact is, building more strata close to services, jobs and school and health facilities won’t just make our neighbourhood better; it will have a positive impact on our environment and community, giving us greater economic security in the form of housing, more services and entertainment as local economies grow, plus more friends, more leisure time and greater family connections.

We need to become ‘YIMBY’s’ rather than ‘NIMBY’s’.

Reframing the thinking: strata contributes to better communities.

Firstly, strata communities are efficient uses of land and if we are genuine about wanting sustainable development, building more strata developments (that are built to energy efficient standards) near public transport hubs and other services are the answer. Today’s developments are built on the very best of architectural and place-making principles, and energy efficient design to create modern sanctuaries. Gone are the old six-pack, blonde brick designs of old.

Another important way in which strata can impact environmental outcomes is through enhancing the amount of green space in a city. Green space is broadly taken to mean things like parks, sports fields and vegetation cover.

YIMBY isn’t just a slogan, it’s a way of life.

Green spaces are not only good for our air, but they are also good for our mental health. The University of New South Wales has recently published a study which found that there was a strong correlation between green space levels and a reduction in loneliness. By putting more residents in a smaller share of the urban footprint, more of an area can be preserved to serve the goal of ensuring there is more “green space “in a region.

Secondly, let’s talk about commuting. It is stressful. It adds an extra 2 hours at least to the working day. And it is lonely. Building strata close to facilities and jobs also reduces commute times and gives us back the ‘time’ in our day to build social connection which is great for our mental health. Harvard Political Scientist Robert Putnam, who’s year 2000 book “Bowling Alone: The Collapse and Revival of American Community” is considered a seminal work on the declining social capital in America has noted “[he] was shocked to find how robust a predictor of social isolation is… a simple rule of thumb: Every ten minutes of commuting results in ten percent fewer social connections. Commuting is connected to social isolation, which causes unhappiness.” So, let’s get people out of cars two hours a day and walking, cycling or taking a short train, bus or tram ride to their destination (which will more than likely be very close to where they live).

Thirdly, home ownership. The gap in terms of price between a house and a unit in Brisbane is about $400,000.00 at present. Strata homes are the more financially accessible form of home ownership for many. Whilst some might see little difference between enhancing security for renters and owning a home, the current panic scenarios playing out in the rental market due to reduced rental stock has shown that renting is not as secure as it once was. Renters are more vulnerable than ever as their owners make decisions to increase rent, sell or redevelop in the buoyant property market.

Beyond tenure, homeowners see a range of social and personal benefits even the most secure renters don’t have. There is demonstrated evidence that owning a home delivers emotional and social benefits beyond improving an individual’s balance sheet. The research tells us that homeownership to has meaningful and positive effects on feelings of inclusion and community. Homeowners have stronger social networks, are more likely to see friends and relatives and are more likely to be active members of community clubs and associations. All these factors help build connection, community and ultimately, a better society.

So, let’s as a collective strata community talk up the virtues of having more strata in our neighbourhoods and support better planning and development These little steps will to contribute to the alleviation of the housing crisis and ultimately contribute to building a better society.

Be a YIMBY and not a NIMBY.

Laura Bos General Manager

SOFTWARE

Mimor

Connecting People – Creating Communities

P: 0414 228 644

W: https://www.mimor.com.au/ E: info@mimor.com.au

Stratabox

Building Confidence

P: 1300 651 506

W: https://stratabox.com.au/ E: contact@stratabox.com.au

ResVu PTY LTD

Customer Service Software for Strata

P: 0874778991

W: https://resvu.com.au/

E: enquiries@resvu.com.au

StrataMax

Streamlining strata

P: 1800 656 368

W: https://www.stratamax.com/ E: info@stratamax.com

MYBOS

Building Management - Residential & FM Schemes

P: 1300 912 386

W: https://www.mybos.com.au/ E: sam@mybos.com.au

Strata Vault

Securely share documents with third parties

P: 1300 0 VAULT (82858)

W: https://www.stratavaults.com/ E: julie@thestratavault.com

Urbanise

Automate your workload to increase efficiency.

P:1300 832 852

W: https://www.urbanise.com/

E: marketing@urbanise.com

Install My Antenna

Professional TV Antenna Service For You Today

P:

EDUCATION & TRAINING

LookUpStrata

Australia’s Strata Title Information Site

W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au

Your Strata Property

Demystifying the legal complexities of apartment living

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

Strata Community Association

P: 02 9492

ACCOUNTANTS

Tinworth

Matthew Faulkner Accountancy

FACILITY MANAGEMENT

LUNA

www.lookupstrata.com.au

BUILDING ENGINEERS & INSPECTORS

Budget Vals

Built For Strata

P: 1300 148 150

W: https://www.budgetvals.com.au/ E: reports@budgetvals.com.au

Seymour Consultants

Body Corporate Report Specialists

W: https://www.seymourconsultants.com.au/ E: info@seymourconsultants.com.au

Palmer Acoustics

Specialist Acoustic & Audio Visual Engineering

P: 61 7 3802 2155

W: https://palmeracoustics.com/

E: ross@palmeracoustics.com

GQS

Quantity Surveyors & Building Consultants

P: 1300 290 235

W: https://gqs.com.au/ E: info@gqs.com.au

HFM Asset Management Pty Ltd

Building Efficiency

P: 1300 021 420

W: https://www.hfmassets.com.au/ E: info@hfmassets.com.au

Independent Inspections

Sinking Fund Forecast, Insurance Valuations, OHS

P: 1300 857 149

W: http://www.iigi.com.au/ E: admin@iigi.com.au

Leary & Partners

Quantity Surveying Services Since 1977

P: 1800 808 991

W: https://www.leary.com.au

E: enquiries@leary.com.au

Pircsa Pty Ltd

Professional Insurance Restoration and Consultancy

P: 0460 555 077

W: https://pircsa.com.au/ E: steve@pircsa.com.au

QIA Group

Compliance Made Easy

P: 1300 309 201

W: https://www.qiagroup.com.au/

E: info@qiagroup.com.au

Quality Building Management

keeping your buildings legally compliant and safe

P: 1300 880 466

W: https://qbm.com.au/

E: qbm@qbm.com.au

Solutions in Engineering

Quality Reports On Time, Every Time!

P: 1300 136 036

W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com

Property Safety Services

Your compliance needs, your way

P: 0414 558 222

E: contactus@propertysafetyservices.com.au

Sedgwick

Building Consultancy Division & Repair Solutions

W: https://www.sedgwick.com/solutions/global/au E: info@au.sedgwick.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

ENERGY

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

INSURANCE

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

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

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

Mathews Hunt Legal

BODY CORPORATE LAWYERS... EXCLUSIVELY

P: 07 5555 8000

W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au

Stratum Legal Pty Ltd

Delivering strategic solutions in strata law

P: 07 5406 1281

W: https://www.stratumlegal.com.au/ E: info@stratumlegal.com.au

Grace Lawyers

Know. Act. Resolve.

P: 07 3102 4120

W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au

Holman Webb Lawyers

Body Corporate and Strata Dispute Experts

P: 61 732 350 100

W: https://www.holmanwebb.com.au/ E: contact@holmanwebb.com.au

CONSULTING

Strata Solve

Untangling strata problems

P: 0419 805 898

W: https://stratasolve.com.au/ E: chris@stratasolve.com.au

STRATA MANAGEMENT

Tower Body Corporate

Your Building Matters

P: 07 5609 4924

W: https://towerbodycorporate.com.au/ E: info@towerbodycorporate.com.au

Bright & Duggan

Strata Professionals

P: 02 9902 7100

W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au

Vision Strata Services

Your local Strata Firm based on the Gold Coast QLD

W: http://visionstrata.com.au/ E: info@visionstrata.com.au

Civium Communities

When you build trust, you build a community

P: 1300 724 256

W: https://civium.com.au/ E: clientservices@civium.com.au

Northern Body Corporate Management

Specialist Body Corporate Management for North Queensland

P: 07 4723 8217

W: https://www.nbcmqld.com/ E: nbcm@bigpond.net.au

Network Pacific Strata Management

Supporting our Qld strata communities

P: 07 5609 8677

W: www.networkpacificstratamanagement.com.au/ E: info@networkpacific.com.au

Bryant Body Corporate Management

Not All Agents Are the Same!

P: 07 5437 7777

W: https://www.bryantstrata.com.au/

E: peterbryant@bryantstrata.com.au

Archers the Strata Professionals

Your Partners in Strata

W: https://abcm.com.au/ E: marketing@abcm.com.au

CLEANING / CLEAN AIR

Actualised Industries

A breath of fresh air

P: 1300 728 760

W: https://www.actualisedindustries.com.au/ E: admin@actualisedindustries.com.au

DEFECT RESTORATION

Building Rectification Services

P: 07 5539 3588

W: https://www.buildingrectification.com.au/ E: admin@buildingrectification.com.au

STRATA REPORTS

BIV Reports

Specialist in Strata Compliance Reports

P: 1300 107 280

W: https://www.biv.com.au/

biv@biv.com.au

Covid19 Plans

Covid19 Safety Plans for Strata

P: 1300 828 344

W: https://covid19plans.com.au/ E: plans@covidplans.com.au

Strataregister.com Pty Ltd

Find the Strata / CT Manager for your property

P: 0411 483 249

W: https://www.strataregister.com/ E: hello@strataregister.com

INVESTMENT SERVICES

Strata Guardian

Fight low returns and rising levies with us.

P: 1300 482 736

W: https://www.strataguardian.com/

contact@strataguardian.com

INTERNET & TELECOMMUNICATIONS

Spirit Technology Solutions

Do IT with Spirit

P: 1800 774 748

https://www.spirit.com.au/

developers@spirit.com.au

ELECTRICAL

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 SERVICES

Fire Matters

Fire Safety Compliance

P: 07 3071 9088

W: https://firematters.com.au/

E: sbauer@firematters.com.au

Hartec Fire Systems

Fire Systems Maintenance & Admin Solutions

P: 1300 300 367

W: http://www.hartec.net.au/

E: info@hartec.net.au

Fair Water Meters

Fair water - fair bills

P: 1300324701

W: https://fairwatermeters.com.au/

info@fairwatermeters.com.au

www.lookupstrata.com.au

CLOTHES LINES

Lifestyle Clotheslines

Clothesline and washing line supplier & installer

P: 1300 798 779

W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au

PAINTING

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

0434 834 799

https://www.duluxconstructionsolutions.com.au/

propertyservice@dulux.com.au

WINDOWS & DOORS

Windowline Pty Ltd

Australia’s strata replacement window & door specialists

P: 02 8304 6400

https://windowline.com.au/

info@windowline.com.au

STRATA LOAN PROFESSIONALS

StrataLoans

The Experts in Strata Finance

P: 1300 785 045

https://www.strata-loans.com/

info@strata-loans.com

Lannock Strata Finance

The Leading Strata Finance Specialist

P: 1300 851 585

https://lannock.com.au/

strata@lannock.com.au

Austrata Finance

Pay Now or Pay Later: It’s Your Choice®

1300 936 560

info@austratafinance.com.au

RECRUITMENT SERVICES

The

MARKETING

Marketing for Strata

LIFTS

Innovative