The NSW Strata Magazine

The NSW

STRATA MAGAZINE JULY 2026

Do I have to give the strata committee my sons’ personal details for a by-law breach?

Page 8 | Premium Strata

When must the strata committee advise owners the administration fund is in deficit?

Page 14 | Bannermans Lawyers

Can the strata committee make waterproofing repair decisions without formal meetings?

Page 20 | Strata Life

About Us

Welcome to the latest issue of The LookUpStrata Magazine!

For over a decade, LookUpStrata has been Australia’s premier resource for everything related to strata living.

Our mission is to keep strata communities informed and connected, providing thousands of lot owners, strata managers, and professionals with reliable, unbiased, easy-to-understand information to help you solve your strata problems and make informed decisions.

The NSW Strata Magazines, published monthly, are just one of the many ways we’re dedicated to supporting you. They’re packed with articles from industry experts and include our comprehensive printable strata directory.

Beyond these pages, we also offer: • Q&A Service: Our team of leading strata specialists answer hundreds of your questions every month, which helps shape the magazine topics we cover.

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Advertising and Admin Enquiries: 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.

Strata legislation is updated regularly. The information in this magazine is based on the legislation at the time of publishing.

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Contents

4 How do we recoup 11 years of incorrect GST charges from a contractor?

Matthew Faulkner, Matthew Faulkner Accountancy PTY LTD

6 Does insurance commission disclosure really protect strata committees?

Tyrone Shandiman, Strata Insurance Solutions

8 Do I have to give the strata committee my sons’ personal details for a by-law breach?

Leanne Habib, Premium Strata

10 What happens if the committee ignores a known trip hazard on common property?

Mark Louis, Vital Strata Management

12

ow should conflicting repair-orH replace advice for common property doors be handled?

Sam Hogg, PASG Projects

14 When must the strata committee advise owners the administration fund is in deficit?

Matthew Jenkins, Bannermans Lawyers

16 How many votes does an owner with multiple lots get on the strata committee?

20 Can the strata committee make waterproofing repair decisions without formal meetings?

Jana Antelmann, Strata Life

22 Can an owners corporation challenge new fire-stopping compliance requirements?

Rob Broadhead, 2020 Fire Protection

24 Does a strata management agreement stay valid after the company changes ownership?

Megan Parkins, Tender Advisory

26 Does pecuniary interest apply to general meetings as well as committee meetings?

Tim Sara, Sara Strata

28 Can a strata ask another organisation to take out a positive covenant over its common property?

Matthew Lo, Kerin Strata Lawyers

30 Can a lot owner garden on common property with strata committee approval?

Hugh McCormack, McCormacks Strata Management

34

The NSW LookUpStrata Directory

Sean Bermingham, The Strata Collective

18

oes one fire door tag cover both doors D in a set?

Chris Chatham, LINKfire

Thanks to our sponsors

How do we recoup 11 years of incorrect GST charges from a contractor?

Our contractor has been incorrectly charging GST on invoices for 11 years. The committee says it’s aware but won’t take action to recover the overpayment. What can we do?

Our contractor has been charging GST on all their invoices for 11 years. We informed the secretary eight months ago and also raised it with the strata managing agent.

They eventually came back and said the committee is aware, the contractor has stopped charging GST, and no further action will be taken.

How do we hold the committee accountable to recoup this overpayment?

The outcome depends on whether the plan is registered for GST. If registered, the overcharging would have been claimed back via the BAS. If not, the contractor would owe the plan for all GST overcharged.

If the plan is registered for GST, the overcharge would have been claimed back from the ATO on the BAS. 4 www.lookupstrata.com.au

The tax/BAS agent would have to answer for lodging with errors, in addition to the contractor.

If the plan is not registered for GST, the contractor would owe the plan for all GST overcharged. The committee may have the authority to write off the receivable as not recoverable, depending on the committee’s expenditure threshold. As far as keeping the committee accountable, I don’t believe committee members are financially responsible for their decisions (no one would ever join a committee).

A plan could take the contractor to NCAT. The cost of lawyers may be prohibitive of taking action in the Petty Claims court, but the amount concerned is not mentioned. The eight-month delay in responding to your advice and the failure to pursue the overcharges are topics to discuss at the next general meeting.

Why is that contractor still being used? There is nothing stopping owners from bypassing the committee and reporting matters straight to the strata managing agent.

Matthew Faulkner | Matthew Faulkner Accountancy PTY LTD matt@mattfaulkner.accountants READ MORE HERE

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Does insurance commission disclosure really protect strata committees?

Does handing a complex disclosure document to a volunteer committee equal transparency?

Experts note that disclosure often fails as a regulatory tool because volunteer committees often lack the technical expertise to decipher complex commission structures, tax implications, and broker fees. Does handing a complex disclosure document to a volunteer committee equal transparency?

What practical steps must strata managers take to ensure truly informed consent?

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Committees rely heavily on their strata managing agent’s recommendation, so disclosure alone is not enough to ensure truly informed consent.

Absolutely not. I think the biggest problem with a lot of committees is that they rely on their strata manager heavily in the decisionmaking process. What I’ve seen in this industry is that you can hand an absolutely awful deal to a client, fully disclose it, and they take the deal because the strata manager says it’s a great deal.

Disclosure alone does not assist. A lot of committees are retired volunteers who don’t really know a lot about strata insurance, and they generally just accept the recommendation the strata manager puts forward.

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

I understand that businesses have rights to have certain models, but some models are just so unfair that they should not occur. For example, when a consumer is paying 40% of their insurance premium on commissions.

When they signed up with the strata manager a few years ago they were only paying 20%, but through the course of being handed documents that may have disclosed the increase in commissions on page 8, have come out with a much worse off deal that didn’t get picked up because the committee didn’t read every page of that document.

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Do I have to give the strata committee my sons’ personal details for a by-law breach?

Our strata committee wants my sons’ personal details to issue a parking by-law breach notice.

Am I legally obliged to provide them, or can the notice be sent to me as the owner?

My sons sometimes park in the visitors car park, which is a breach of the by-laws. I agree that this is not acceptable. The strata committee wants to issue a by-law breach notice and has asked for my sons’ details. I requested that they send the breach notice to me as the property owner. Am I legally obliged to provide my family’s details?

An owner is not legally obliged to provide personal details of visitors who have breached a by-law, but the owner remains responsible for ensuring their guests comply with the scheme’s rules.

You are not legally obliged to provide your family members’ or visitors’ personal details to the owners corporation in relation to an alleged by-law breach.

There is no specific provision under the Strata Schemes Management Act 2015 (NSW) that compels an owner or occupier to disclose the identity or contact details of their guests in these circumstances. However, this does not mean the issue ends there.

By-laws are generally not directly enforceable against visitors or invitees.

Responsibility lies with the owner or occupier of the lot. In most schemes, by-laws require owners and residents to ensure that their guests comply with the scheme’s rules. The owners corporation is entitled to pursue the matter against you as the owner, rather than against your visitors directly.

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What are your next practical steps?

If you are in this situation, there are several ways to respond constructively.

First, acknowledge the breach where appropriate. As you have done, confirming that the behaviour is not compliant can help de-escalate the situation.

Second, redirect the process. Request that any breach notice or correspondence be issued to you as the owner.

Third, ensure future compliance. Make it clear to your visitors that they must follow the by-laws, particularly in areas such as visitor parking, which are commonly enforced, can be sensitive, and may create disharmony among residents.

Fourth, review the by-laws. Check how your scheme regulates visitor parking and whether signage, markings, or communication are clear. Sometimes disputes arise from ambiguity rather than intent.

Finally, maintain open communication with the committee. A cooperative approach often leads to better outcomes than a strictly adversarial one, especially for minor or occasional breaches.

A practical and balanced approach recognises that while owners are not required to disclose personal details of their visitors, they remain responsible for ensuring that by-laws are respected within their lot and by those they invite into the scheme.

Leanne Habib | Premium Strata info@premiumstrata.com.au READ MORE HERE

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What happens if the committee ignores a known trip hazard on common property?

A trip hazard on our common property has been reported to the committee repeatedly, but remains unaddressed. What are the insurance and liability implications?

A resident has repeatedly requested the committee repair a known trip hazard that hasn’t been fixed for years. What are the insurance implications around known hazards the committee will not address?

An owners corporation that ignores a known trip hazard faces real liability and insurance risks. Failure to act could strengthen a negligence claim and impact the insurer’s position if an injury occurs.

10 www.lookupstrata.com.au

If the owners corporation is aware of a trip hazard on common property and does not take reasonable steps to repair or make the area safe, there are potential liability and insurance implications.

Under section 106 of the Strata Schemes Management Act 2015 (the Act), the owners corporation has a duty to properly maintain and keep the common property in a state of good and serviceable repair. Where a hazard has been reported multiple times and remains unaddressed over an extended period, this can increase the scheme’s risk exposure.

Should an injury occur as a result of the known hazard, there is a risk of a public liability insurance claim against the owners corporation. In those circumstances, insurers may closely examine whether the owners corporation was aware of the issue and whether reasonable action was taken to

mitigate the risk. Evidence that the hazard was known but not addressed could potentially impact the insurer’s position and may also strengthen a negligence claim against the owners corporation.

For that reason, it is important for known safety hazards to be assessed and rectified within a reasonable timeframe to reduce both safety risks to residents and potential liability exposure for the scheme.

Mark Louis | Vital Strata Management mark@vitalstrata.com.au READ MORE HERE

How should conflicting repair-or-replace advice for common property doors be handled?

Conflicting reports say our common property doors can be repaired or replaced, and owners are divided. How does the owners corporation decide on the right approach?

The common property doors in our building are in varying states of disrepair. The owners corporation is ready to address the problems, but the strata managing agents have obtained conflicting quotes and reports. One advises that the doors can be repaired. Another says they should be replaced.

The owners corporation doesn’t want to incur unnecessary expenditure if the doors can be repaired at a lower cost. It also doesn’t want to breach its duty to maintain the common property, given that one builder recommends full replacement.

How should the owners corporation proceed when owners also have differing opinions on whether the doors should be repaired or replaced?

Engaging an independent project manager can help resolve conflicting advice on common property repairs by providing a practical, evidence-based recommendation.

When an owners corporation receives conflicting advice about whether common property doors should be repaired or replaced, engaging an experienced project manager can provide clarity.

A project manager can independently inspect the doors and review the reports and quotes already obtained to identify where the advice aligns or differs. They can then provide a practical recommendation based on the condition of the doors, long-term performance, risk and overall cost outcomes.

In many cases, not all doors will require the same solution. It may be appropriate to replace the most heavily damaged doors while repairing others that remain in serviceable condition. This staged approach can help the owners corporation manage costs while still meeting its maintenance obligations.

Where owners hold differing opinions, an independent assessment can also assist the committee in making a balanced, evidencebased decision that focuses on the long-term interests of the building rather than individual preferences.

Sam Hogg | PASG Projects info@pasg.com.au READ MORE HERE

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When must the strata committee advise owners the administration fund is in deficit?

Should the strata managing agent or committee notify owners when the administration fund is in deficit? Does using capital works fund money to cover the shortfall require a meeting?

— see section 81(4) of the Strata Schemes Management Act 2015 (the Act).

At what point does a strata managing agent or committee need to advise the owners corporation that the administration fund is in deficit? Does using capital works fund money to cover payments require a committee meeting? Is this covered under any NSW law?

For repair and maintenance of common property: the committee can decide by a majority of strata committee or general meeting to approve the payment (subject to spending restrictions imposed by the owners corporation).

There is no specific legal requirement to notify owners of an administration fund deficit, but transferring money between funds triggers a mandatory general meeting resolution within three months.

There is no specific requirement for the strata managing agent or committee to advise the owners corporation that the administration fund is in deficit.

However, if an owners corporation has expenses it cannot meet from its administrative or capital works fund, it must levy on each owner of a lot in the strata scheme a contribution determined at a general meeting, in shares proportional to the unit entitlements of their respective lots, to meet the expenses 14 www.lookupstrata.com.au

To use the money from the capital works fund, the committee should determine whether the payment for work is for repair and maintenance, or improving or enhancing common property:

For improving or enhancing common property: this requires a special resolution from the owners corporation at a general meeting to specifically authorise the taking of the particular action proposed.

If the owners corporation uses funds from the capital works fund for the administration fund (or vice versa), the owners corporation must, within 3 months of the transfer or payment, determine by resolution at a general meeting whether the payment of part of the money should be reimbursed to the correct fund.

If the owners corporation resolves to reimburse the fund, it should also determine the amount to be reimbursed and whether it is to be levied or transferred from the other fund — see section 76 of the Act. Matthew Jenkins | Bannermans Lawyers enquiries@bannermans.com.au READ MORE HERE

How many votes does an owner with multiple lots get on the strata committee?

One owner in our scheme holds 6 lots and brags about their voting power. During committee meetings, how do we push for capital works spending if they keep blocking?

We have an owner who holds 6 lots and sits on our strata committee. There are 4 other owners on the committee. Does this owner get 6 votes at committee meetings, making it 10 votes total, or is it one vote per member, making it 5?

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This owner brags about their voting power, continues to block spending on repairs, and refuses to get quotes. We want to put forward a motion to increase the capital works fund.

Our balance is $28k, strata fees are $730 per quarter, with only a tiny portion going toward future repairs, and we are 10 years behind on maintenance.

On the strata committee, each member has one vote, regardless of the number of lots owned. At a general meeting, it’s one vote per lot.

However, if the meeting is a general meeting, then they have their full 6 votes.

Sean Bermingham | The Strata Collective info@thestratacollective.com.au

In terms of voting at meetings, the process varies depending on the type of meeting.

At a strata committee meeting, it is one member one vote, as set out in Schedule 2 of the Strata Schemes Management Act 2015 (the Act). There can only be one person per lot elected to the committee, up to a maximum of 9 under section 30 of the Act. At a general meeting, the voting is one vote per lot owned, as set out in Schedule 1 of the Act. In the example below, if the owner with 6 lots is on a committee of 5, they have only 1 vote, not 6. They can easily be voted down by the other 4 committee members.

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Does one fire door tag cover both doors in a set?

A fire services provider wants to replace both doors in a set, but only one is untagged. Do perfectly good doors really need to be replaced?

Our building was built in 1993. We have two fire door sets covering an electrical riser cupboard. Both doors are fire doors, and there is no closer or hardware apart from a lock.

The right-hand door and the frame are both tagged, identifying the installation as a “doorset.” The left-hand door is not tagged.

The owners corporation maintains that the right-hand door tag applies to both doors as a set.

Our new fire services provider wants to remove both doors and replace them with a new door, keeping the old frame. The replacement is very expensive, and replacing otherwise perfectly good doors seems unnecessary. Can you advise on the best solution here?

The standard requires tagging on both leaves of a fire door set, but one tag may simply be missing.

AS1905.1-1990, under Clause 6.1.2.3, makes no specific mention of how tags are to be applied to two-leafed doorsets. One would assume both leaves, but the standard doesn’t specify.

However, AS1905.1-1997, under Clause 6.1.3, specifically mentions two-leafed doorsets and states that both leaves must be tagged.

Perhaps it was common to tag only one leaf before 1997. Or perhaps one tag has gone missing.

Either way, start by contacting the original certifier listed on the remaining tags (if possible) and asking them to assess the door leaf and replace the missing tag.

Chris Chatham | LINKfire Chris.Chatham@linkfire.com.au READ MORE HERE

18 www.lookupstrata.com.au

Can the strata committee make waterproofing repair decisions without formal meetings?

Our strata committee has spent thousands on repeated waterproofing repairs with no formal meeting minutes, no quotes on record, and decisions made by text and email. Is this legal?

Is it legal for a strata committee to make decisions about a waterproof membrane and ensuite leaking without holding formal meetings that owners corporation members can observe? The committee can only provide some email trails and private text messages to the strata managing agent.

There’s no documentation of the trades chosen or an explanation for spending thousands of dollars on multiple repairs that still haven’t solved the leak. Is this legal?

The strata committee is generally permitted to make decisions between formal meetings including by email, but transparency, record keeping and documentation requirements must still be met.

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In NSW strata schemes, the strata committee is generally permitted to make decisions between formal meetings, including by email, if the committee has delegated authority from the owners corporation and the decision-making process complies with the Strata Schemes Management Act 2015 (the Act) and the scheme’s by-laws.

However, there are important requirements around transparency, record keeping and spending of owners corporation funds.

The strata committee should normally document their decisions in meeting minutes or written resolutions, and records relating to expenditure, quotations, invoices, reports and correspondence should form part of the owners corporation records.

If substantial amounts of money have been spent on multiple unsuccessful repairs, owners are generally entitled to inspect the books and records of the owners corporation, which may include: • meeting minutes, • resolutions, • contractor quotations,

• invoices, • waterproofing reports, • expert reports, • work orders, and • correspondence held by the strata managing agent on behalf of the owners corporation.

The fact that decisions were discussed via email or text messages does not, in itself, render them invalid.

In relation to waterproof membrane and leaking issues specifically, the owners corporation also has a statutory duty to properly maintain and repair common property under section 106 of the Act. If repairs are repeatedly failing, owners may reasonably request further explanation, independent expert reports or evidence supporting the repair strategy adopted.

An owner may wish to: • request access to the owners corporation records under section 182 of the Act, • request copies of quotes and reports relied upon by the committee, • raise the matter formally with the strata committee, • request inclusion of a motion for the next general meeting of the owners corporation, • seek an independent building or waterproofing report, or • apply for mediation through NSW Fair Trading if concerns remain unresolved.

Jana Antelmann | Strata Life jana@thestratalife.com.au

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Can an owners corporation challenge new fire-stopping compliance requirements?

Our building manager says new fire protection laws require us to inspect all apartments’ firestopping penetrations in our 2003 building at a high cost. Is this required?

At a recent EGM for our 119-apartment complex in Zetland, NSW, our building manager advised of strengthened fire protection laws requiring the owners corporation to provide proof of sealing for fire-stopping measures within the walls of all apartments.

22 www.lookupstrata.com.au

The building manager has suggested we penetrate the bathroom walls of all apartments to inspect whether they comply with the new fire regulations. This project would be costly and may require a special levy.

Our building was completed in 2003.

Most owners feel this is an unreasonable requirement for an older building, particularly given that amendments to fire protection legislation a few years ago already subjected us to high costs to ensure compliance. Can we challenge these new requirements?

The new regulations do not require upgrades to fire-stopping penetrations, but if an Accredited Practitioner has concerns about passive fire performance, they may request further work before issuing an AFSS.

Either way, your contractor and building manager should be able to explain the full reasons for the work in plain English before you agree to proceed, as the audit results could be extensive and expensive.

Rob Broadhead | 2020 Fire Protection rob.broadhead@2020fire.com.au

The new regulations do not require any upgrades or otherwise. There may be other reasons to assess penetrations, and we do recommend a passive register to ensure you know what you have and can track changes as they occur, but please be aware that the AS1851-2012 does not require this.

READ MORE HERE

That said, if the Accredited Practitioner (Fire Safety) found something causing them concern about the performance of passive fire or penetrations, they may be able to request this before issuing an AFSS (Annual Fire Safety Statement).

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Does a strata management agreement stay valid after the company changes ownership?

Our strata management company has changed hands, and we are now charged for services that were previously included. Does our existing agreement still apply?

Does our strata management agreement remain valid and current after the company buy out?

Yes. The existing agreement remains valid until the contract term expires.

Our strata managing agent recently changed ownership.

Although we were told that any changes to our service would be transparent, we are now being charged for additional services not charged before the ownership change.

The simple answer is yes. The terms of the existing agreement, which the incoming company has purchased, remain valid until the contract expires.

Notwithstanding this, the reference to “now being charged for additional services not charged before the ownership change” could

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mean several things. The previous agent who had carriage of your owners’ corporation may have overlooked, or failed to exercise, all rights to charge additional services under the terms of the agreement.

The only way to establish whether the charges are erroneous would be to: • obtain a copy of the current agreement, • request a summary of the year to date additional charges, and • cross reference the charges against the fee schedules in the agreement.

That said, managing agency agreements can be difficult to understand as they have multiple fee schedules and legalistic terminology. A forensic review of the owners corporation’s financials and the managing agency agreement by a suitably qualified professional may assist in determining whether any additional charges are consistent with the agreed terms.

Megan Parkins | Tender Advisory megan@tenderadvisory.com.au READ MORE HERE

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Does pecuniary interest apply to general meetings as well as committee meetings?

The strata legislation is clear that committee members must declare pecuniary interests at committee meetings. Does the same requirement apply at a general meeting like an EGM? Does pecuniary interest apply to an extraordinary general meeting? The Strata Schemes Management Act 2015 is very clear on committee meetings but silent on owners corporation meetings.

The pecuniary interest regime applies strictly to committee meetings. General meetings have no equivalent requirement, though specific restrictions apply to proxies and strata managing agents.

The Strata Schemes Management Act 2015 (the Act) treats the two settings very differently, and the distinction is worth understanding.

The committee regime

Schedule 2, clause 18 of the Act requires a strata committee member to disclose to the committee if they have a direct or indirect pecuniary interest in a matter being considered, where that interest appears to raise a conflict with the proper performance of their duties. Once disclosure is made, the member must not be present during any deliberation of the strata committee on the matter, and must not take part in any decision on it. Failure to disclose carries a maximum penalty of 10 penalty units.

General meetings are different

Schedule 1, which governs annual general meetings and all other general meetings of 26 www.lookupstrata.com.au

the owners corporation, contains no equivalent pecuniary interest declaration regime for lot owners. An owner attending a general meeting is a member of the owners corporation exercising their ownership rights, not a fiduciary exercising a delegated governance function as a committee member is. That distinction explains the gap. Owners are generally entitled to vote in their own interests.

But there are still disclosure obligations at general meetings

The absence of a committee-style pecuniary interest regime doesn’t mean general meetings are entirely unregulated. There are specific circumstances where interests must be disclosed or where votes can be invalidated: Proxy holders who are building managers, on-site residential property managers, or strata managing agents face a hard restriction under Schedule 1, clause 25(7) of the Act. A vote by such a proxy is invalid if it would obtain or assist in obtaining a “material benefit” (as defined in clause 25(8)) — including, for example, extending their own appointment or influencing litigation in which they are involved.

This isn’t merely a disclosure obligation; the vote is simply invalid.

Strata managing agents have a standing disclosure obligation under section 71 of the Act. A person appointed as strata managing agent or building manager who has a direct or indirect pecuniary interest in the strata scheme, other than an interest arising only from the prospective appointment, must disclose that interest to the owners corporation before their appointment. This is a pre-appointment obligation, but it feeds into what owners are entitled to know before they vote.

Original owners (developers) should also be on the radar of anyone asking this question.

While the Act does not contain a freestanding

pecuniary interest declaration requirement for original owners at general meetings equivalent to the committee regime, original owners do carry specific statutory obligations and their voting rights are restricted in certain circumstances, for example, their vote is reduced when electing strata committee members or appointing a strata managing agent where they hold more than half the lots. Anyone concerned about an original owner’s influence at a general meeting where the developer has a financial stake in the outcome should seek independent legal advice on the obligations and restrictions that may apply in their specific circumstances.

prevents them from voting as a lot owner.

Their vote is generally their entitlement.

That said, putting the issue on notice at the meeting, both for transparency and as a record, is always sound practice, even without a strict statutory obligation. In appropriate cases, conduct at general meetings can be relevant if decisions are later challenged at NCAT as having been made oppressively or in bad faith.

This is general information only and does not constitute legal advice. If you have a specific concern about a conflict of interest situation, seek independent legal advice.

Tim Sara | Sara Strata tim@sarastrata.com.au

The practical takeaway

If you’re concerned about a lot owner who has a personal financial interest in a motion being decided at a general meeting (say, they’re a contractor tendering for works), there’s no statutory mechanism under the Act that requires them to declare that interest or

READ MORE HERE

ABN Lift Consultants Elevation by Design

ABN Lift Consultants 02 8004 6832 info@abnlift.com www.abnlift.com

ABN Lift Consultants Suite 43, 48 – 50 George Street, Parramatta NSW, 2150 PO Box 254 Wentworth Falls NSW 2782

Can a strata ask another organisation to take out a positive covenant over its common property?

Is it permissible for strata to ask another organisation to take out a positive covenant on our common property, including retaining walls and safety fencing?

Can a strata ask another organisation to take out a positive covenant on all its common property, when its common property includes sandstone retaining walls (structural elements) and fencing (safety elements)?

Yes. A positive covenant can be created over strata common property, but the resolution type depends on who initiates it.

A positive covenant imposes conditions that need to be performed in respect of the land.

For example, a positive covenant may impose the need to perform specific maintenance to parts of the property.

Given the limited information, I can’t speak to the appropriateness of the positive covenant, but a positive covenant may be created over any land (which includes strata title).

Positive covenants are made pursuant to Part 6, Division 4 of the Conveyancing Act 1919

28 www.lookupstrata.com.au

(NSW); in respect of privately owned land, particularly section 88E. In the context of strata title there are two common categories of positive covenant: one created by an owners corporation; and one created by an external party, such as a public authority (e.g. local council, Sydney Water, etc.) or by owners of adjoining land over shared infrastructure (e.g. in respect of shared driveways, boundary fences, or access ways).

An owners corporation can accept a positive covenant by ordinary resolution (see section 34(2) of the Strata Schemes Development Act 2015 (the SSDA); section 30(2) of the Community Land Development Act 2021 (the CLDA)) but may only initiate a positive covenant by special resolution (see section 34(1) of the SSDA; section 30(1) of the CLDA).

Liability limited by a scheme approved under Professional Standards Legislation.

Matthew Lo | Kerin Strata Lawyers matthew@kerinstratalawyers.com.au READ MORE HERE

Can a lot owner garden on common property with strata committee approval?

Do any strata laws stop a lot owner from doing general gardening tasks on common property if the committee approves?

As a lot owner in our building, can I garden on common property? I want to trim the edges, clean up dead leaves, and perform routine garden tasks. Do any strata laws stop me from doing work in the garden or in a common area if I have approval from the strata committee?

General pottering is fine with strata committee approval, but agree the scope upfront and check your voluntary workers insurance covers the activity.

We often get asked about gardening and community gardens in particular, which are a trend in strata. In our experience, owners who take pride in their building and want to help keep gardens and common areas looking their best are typically welcomed by owners and the committee.

With the strata committee’s approval, owners can attend to the gardens on the common property, but within reason. We suggest you agree the scope of what can and cannot be done with the strata committee: tidying 30 www.lookupstrata.com.au

leaves and edges, no problem. Planting or removing plants, and making significant changes to the garden, may constitute changes or enhancements to the common property that may require resolutions of the owners corporation. If you’d like to do larger changes, you’ll need to take a proposal to the committee for discussion and approval.

Your building will have a voluntary workers insurance policy, which is compulsory under section 164 of the Strata Schemes Management Act 2015.

This covers persons undertaking work on the common property without monetary reward if there is an accident or injury. This should provide your committee with a level of comfort, too.

In summary, general pottering in the garden is fine, but check in with your strata committee and strata managing agent first.

Hugh McCormack | McCormacks Strata Management Hugh.McCormack@mccormacks.com.au READ MORE HERE

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Category Category

INFORMATION

Category Education and resources for the strata community Category Category

Lookupstrata

Empowering the Strata Community Together https://www.lookupstrata.com.au/ administration@lookupstrata.com.au

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

Owners Corporation Network

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

Your Strata Property

Demystifying the legal complexities of apartments https://www.yourstrataproperty.com.au/ amanda@yourstrataproperty.com.au

Category Category

STRATA MANAGEMENT

Category Day-to-day management of strata schemes Category Category

Premium Strata

Diamond-Class strata management agency https://www.premiumstrata.com.au/ info@premiumstrata.com.au 02 9281 6440

The Strata Collective

A next generation strata manager. People matter. https://www.thestratacollective.com.au/ rsmith@thestratacollective.com.au 02 9879 3547

McCormacks Strata Management The Common Good Made Exceptional https://mccormacks.com.au/ solutions@mccormacks.com.au 1300 991 825

Bridge Strata P/L

The bridge between you and your corporation https://bridgestrata.com.au/wp/ jan@bridgestrata.com.au 02 6109 7700

Sara Strata

Fewer Clients. More Focus. Better Outcomes. https://sarastrata.com.au/ tim@sarastrata.com.au 0485 007 960

Bright & Duggan

Shaping Communities for a Brighter Tomorrow https://bright-duggan.com.au/ customercare@bright-duggan.com.au 02 9902 7100

Vital Strata

Strata Made Simple https://www.vitalstrata.com.au/ hello@vitalstrata.com.au 02 9008 1112

ASM – Australian Strata Management Helping Strata Communities Thrive https://asmstrata.com.au/ info@asmstrata.com.au 1300 776 226

Sky Living Strata

Providing a superior customer experience https://www.skylivingstrata.com.au/ enquiries@skylivingstrata.com.au 02 9299 1100

Strata Central

Boutique Strata Management Services https://stratacentral.com.au/ enquiries@stratacentral.com.au 02 8036 5518

Acumen Strata

Tailored Strata Management Solutions https://www.acumenstrata.com.au/ info@acumenstrata.com.au 02 7253 5820

Quantum United Management

Creating vibrant and connected communities https://www.quantumunited.com.au/ info@quantumunited.com.au 61 383 608 800

STRATA EVOLUTION

Strata Management Done Right https://strataevolution.com.au/ info@strataevolution.com.au 1300 819 677

Beaches Strata Pty Ltd Your Trusted Strata Partner

https://www.beachesstrata.com.au/ hello@beachesstrata.com.au 02 7252 2141

Centric Strata

Centralised. Excellence. Unmatched Service https://www.centricstrata.com.au/ info@centricstrata.com.au 1300 017 211

Strata HQ

Strata made simple https://www.stratahq.com.au/ daniel@stratahq.com.au 02 9420 2066

Townhouse Strata PTY Ltd

Strata Management with a Difference https://www.townhousestrata.com.au/ alan@townhousestrata.com.au 02 4971 0363

Category

Category TRAINING

Courses andCategory Continuing Professional Development (CPD) training Category

STRATA LAWYERS Legal advice and representation for strata matters

Category

Strata Pathways Academy

Develop and grow your career on the right path! https://www.stratapathways.com.au/ enquiries@stratapathways.com.au 02 8552 1377

Category Category

Benson Legal Pty Ltd

Practical, experienced legal advice https://www.bensonlegal.com.au enquiries@bensonlegal.com.au 02 9159 3970

Khoury Lawyers Pty Ltd

COMMITTEE CONSULTING

Client focused, Results Driven

Strata Solve

Bugden Allen

Category Independent advice and support for strata committees Category Category

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

Tender Advisory

Tender Solutions: Consult. Procure. Support. https://tenderadvisory.com.au/ info@tenderadvisory.com.au 0435 893 670

Category Category

STRATA REPORTS

Category Compliance and building condition reporting Category Category

Rawlinsons

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

EYEON Property Inspections Buy and Sell with More Confidence https://www.eyeon.com.au/ info@eyeon.com.au 1300 798 274

Category Category

VALUERS

Category

Property valuations for strata schemes Category Category

Asset Strata Valuers

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

https://khourylawyers.com.au/ pierrette@khourylawyers.com.au (02) 8005 3086

Australia’s leading strata law experts https://www.bagl.com.au/ info@bagl.com.au 02 9199 1055

JS Mueller & Co Lawyers

Specialist ‘Plain English’ NSW Strata Lawyers https://www.muellers.com.au/ enquiries@muellers.com.au

Williamson Lawyers

A construction and strata lawyer ready to listen https://www.williamsonlawyers.com.au/ shane@williamsonlawyers.com.au

Bannermans Lawyers

High Quality Specialist Legal Services https://www.bannermans.com.au/ enquiries@bannermans.com.au 02 9929 0226

Grace Lawyers Know. Act. Resolve.

https://gracelawyers.com.au/ enquiries@gracelawyers.com.au 1300 144 436

Speirs Ryan https://www.speirsryan.com.au/ enquiries@speirsryan.com.au 02 9248 3400

Watson & Watson Lawyers “when experience matters”…..

https://www.watsonandwatson.com.au/ richard@watsonandwatson.com.au 02 9221 6011

Madison Marcus Law Firm Be Empowered

https://www.madisonmarcus.com.au/ marketing@madisonmarcus.com.au 131 529

PRINT YOUR DIRECTORY HERE

Category Category

BUILDING ENGINEERS & INSPECTORS

Category Building inspections and engineering assessments Category Category

Sedgwick

Building Consultancy Division & Repair Solutions https://www.sedgwick.com/solutions/global/au sales@au.sedgwick.com

QIA Group

Compliance Made Easy https://www.qiagroup.com.au/ info@qiagroup.com.au 1300 309 201

GQS

Quantity Surveyors & Building Consultants https://gqs.com.au/ info@gqs.com.au 1300 290 235

Seymour Consultants SC Seymour Consultants

STRATA COMPLIANCE REPORT SPECIALISTS

Body Corporate Report Specialists https://www.seymourconsultants.com.au/ info@seymourconsultants.com.au

National Remedial Services Pty Ltd Real Solutions For Australia’s Building Defects https://nationalremedial.com.au/ jlawton@nationalremedial.com.au 0430 370 773

Roscon

Property services & facilities management https://www.roscon.com.au/ info@roscon.com 1800 767 266

Leary & Partners

Quantity surveying services since 1977 https://www.leary.com.au/ enquiries@leary.com.au 1800 808 991

BIV Reports

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

Mabi Services

Asbestos, Safety & Building Consultants https://www.mabi.com.au/ info@mabi.com.au 1300 762 295

Solutions in Engineering

Quality Reports On Time, Every Time! https://www.solutionsinengineering.com/ enquiry@solutionsinengineering.com 1300 136 036

Landlay Consulting Group A Strata Remedial Consultancy

https://www.landlay.com.au/ admin@landlay.com.au 02 8095 8556

Leo & Associates Consulting Engineers Enhancing Structures, Empowering Futures https://laconsulting.com.au/ Leo@laconsulting.com.au 0452 205 727

FORENSIC ENGINEERS

Expert Subsidence Engineer Reports https://www.forensic-engineers.com.au/ admin@forensic-engineers.com.au 0403 434 092

Category

Category STRATA LOAN PROFESSIONALS Category

Finance solutions for strata schemes Category Category

Lannock Strata Finance Simplifying strata funding

https://lannock.com.au/ strata@lannock.com.au 1300 851 585

Firstrata Finance

Real Choices. Real Support. https://firstratafinance.com.au/ enquiries@firstratafinance.com.au 1800 59 59 00

StrataLoans

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

Category Category

WATERPROOFING

Category Remedial waterproofing services Category Category

Danrae Group

Remedial Waterproofing & Building Specialists https://www.danraegroup.com.au/ enquiries@danrae.com.au 1800 326 723

Category

Category WATER DAMAGE RESTORATION Category Category Category

Water, fire and mould restoration

Reztor Restoration

24/7 Strata Water, Fire & Mould Restoration https://reztor.com.au/ admin@reztor.com.au 1800 739 867

Category Category

INSURANCE

Category Insurance and brokering for strata schemes Category Category

Strata Insurance Solutions Advice You Can Trust

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

Whitbread Insurance Brokers Empower Your Vision

https://www.whitbread.com.au/ info@whitbread.com.au 1300 424 627

CHU Underwriting Agencies Pty Ltd

Specialist Strata Insurance Underwriting Agency https://www.chu.com.au/ info@chu.com.au

Strata Community Insurance

Protection for your strata property. And you. https://www.stratacommunityinsure.com.au myenquiry@scinsure.com.au 1300 724 678

Flex Insurance

Strata insurance made by you. https://www.flexinsurance.com.au/ info@flexinsurance.com.au 1300 201 021

Driscoll Strata Consulting

Knowledge | Experience | Service https://driscollstrataconsulting.com.au/ enquiries@driscollstrataconsulting.com.au 0402 342 034

CRM Brokers

The smart insurance choice http://www.crmbrokers.com.au/LUS crmstrata@crmbrokers.com.au 1300 880 494

Body Corporate Brokers

United, Protecting Communities https://bcb.com.au/ sarah.johnson@bcb.com.au

BAC Insurance Brokers

Specialists in Strata. Partners You Can Trust. https://www.bacbrokers.com.au/ broking@bacbrokers.com.au 02 9360 2244

Category Category

ACCOUNTANTS

Category Category Category

Auditing and accounting services

Tinworth & Co

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

Matthew Faulkner Accountancy Strata Auditing specialists

https://www.mattfaulkner.accountants/ matt@mattfaulkner.accountants 0438 116 374

Incite Accountants & Advisors

Provides a service that delivers the outcomes https://www.inciteaccountants.com.au/ admin@inciteaccountants.com.au 02 8067 9015

Category Category

DEFECT REMEDIATION

Category Building defect repair and remediation Category Category

MJ Engineering Projects

Remedial Consultant Engineers https://mjengineeringprojects.com.au/ info@mjengineeringprojects.com.au 1800 953 935

Klaar

The Strata Building Specialists https://klaar.com.au/ build@klaar.com.au 02 8003 4547

Altec Building

Remedial Building & Waterproofing https://www.altecbuilding.com.au/ info@altecbuilding.com.au 02 9744 2039

Atomic Projects

High-Stakes Remedial Delivered with Certainty https://atomicprojects.com.au/ hello@atomicprojects.com.au 0410 515 509

PRINT YOUR DIRECTORY HERE

Category Category

PLUMBING

Category Plumbing repairs, maintenance and drainage Category Category

Stormwater Sydney

Inspection, Repair and Maintenance of drainage assets https://stormwatersydney.com/ admin@stormwatersydney.com 1300 741 003

Plumber To The Rescue

We repair what your husband “fixed” https://plumbertotherescue.com.au/ digital.plumbertotherescue@gmail.com 1800 620 227

Category Category

PAINTING

Category Painting and facade upgrades Category Category

Tony Isgroves Paint & Decorate

Painting Happiness- With a Seven Year Guarantee https://paintanddecorate.com.au/ office@paintanddecorate.com.au 9437 1997

Higgins Coatings Pty Ltd

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

Terra Australis Painting Services Terra Australis Painting Services

https://www.terraaustralispainting.com.au/ info@terraaustralispainting.com.au 0497 545 289

K2 Rope Access Pty Ltd

Buildings Facade Painting & repairs https://www.k2ra.com.au/ info@k2ra.com.au 0451 182 327

Category Category

ROOFING

Category Roofing repair and maintenance Category Category

Apt Roofing Pty Ltd Everything Roofing!

https://www.aptroofing.com.au/ admin@aptroofing.com.au 02 9666 7373

Insight Roof Inspections

Independent. Evidence-Based. Roof Diagnostics. https://www.insightri.com.au/ admin@insightri.com.au 0410 672 364

Category Category

WINDOWS & DOORS

Category Category Category

Window and door repair, replacement and compliance

Windowline Pty Ltd

Replacement window and door specialists https://windowline.com.au/ info@windowline.com.au 02 8304 6400

ASQB Pty Ltd

Window & Door Repairs, Replacements & Compliance https://www.asqb.com.au/ service@asqb.com.au 02 9785 7893

The Window Guy

Don’t choose any guy, choose The Window Guy! https://www.thewindowguy.com.au/ info@thewindowguy.com.au 1300 663 664

Electrodor Pty Ltd

Automated Entrance Specialists https://www.electrodor.com.au/ info@electrodor.com.au

Category Category

Category

ENERGY

IndependentCategory contract and embedded network advice Category

Arena Energy Consulting Pty Ltd

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

Embedded Network Arena

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

Strata Energy Services Simplifying energy for Strata

https://www.strataenergyservices.com.au/ daniellegibson@zembl.com.au

Category Category

ELECTRICAL

ElectricalCategory maintenance and embedded network Category installation Category

ENM Solutions

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

Energy On Pty Ltd https://www.energyon.com.au/ EnergyServices@EnergyOn.com.au 1300 323 263

Category Category

SUSTAINABILITY

Category Water, waste and sustainability solutions Category Category

Altogether Group Power.Water.Data

https://altogethergroup.com.au/home-business/ partnershipenquiries@altogethergroup.com.au 1300 803 803

Humenergy

People, innovation and value sharing https://www.humenergy.com.au/ Info@humenergy.com.au 1300 322 622

Fair Water Meters

Retrofit sub-metering specialists https://fairwatermeters.com.au/ info@fairwatermeters.com.au 1300 324 701

Category Category

SAFETY & SECURITY

Category Access control, CCTV and security systems Category Category

QUATRIX PTY LTD

Intercoms, Access Control, CCTV, Data, etc. https://www.quatrix.com.au/ info@quatrix.com.au 02 9554 3487

Lock, Stock & Barrel Locksmiths Pty Ltd https://www.lsblocksmiths.com.au/ info@lsblocksmiths.com.au 0411 700 072

FERST

People First https://ferst.com.au/ gary.cheeseman@ferst.com.au 0419 211 683

Category Category

CLEANERS

Category Building, window and gutter cleaning Category Category

Arrow Abseiling Pty Ltd

Window cleaning, repair and maintenance https://www.arrowabseiling.com.au/ contact@arrowabseiling.com.au 02 8957 3693

Waste Clear Pty Ltd

Towards a better tomorrow https://wasteclear.com.au/ admin@wasteclear.com.au 1300 525 352

Sydney Gutter Cleaning

SGC are a leading team in roof and gutter services https://www.sydneyguttercleaning.com.au/ info@sydneyguttercleaning.com.au 02 8310 6770

Pristine Window and Gutter Cleaning Honesty, integrity and quality!

https://pristinewindowandguttercleaning.com.au/ admin@pwgc.com.au 02 9533 4476

Category Category

FIRE SERVICE

Category Fire safety, protection and compliance services Category Category

Linkfire Pty Ltd

Your Essential Safety Partner http://www.linkfire.com.au/ sales@linkfire.com.au 1300 669 439

2020 Fire Protection

Experts in Fire Protection for Strata https://www.2020fireprotection.com.au/ service@2020fire.com.au 1300 340 210

Fire Safety Constructions Compliant Specialist since 1999

http://www.firesafetyconstruction.com.au/ info@firesafetyconstructions.com.au 02 9945 3499

Category Category

PEST INSPECTION

Category PestCategory inspection, control and prevention Category

Safe Spray Pest Control

Protecting your most valuable assets... https://safespraypestcontrol.com.au/ service@safespraygroup.com.au 1300 562 053

Category Category

FACILITY MANAGEMENT

Category Building and facilities management Category Category

LUNA

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

BME Group

Re-Defining the Standards of Building & Facilities https://bmegroupbuildingmanagement.com.au/ lachlan.hunt@bmegroup.com.au 02 8283 7531

Alliance Management Services

The Dedication & Commitment Your Building Deserves https://alliancemanagementservices.com.au/ info@alliancemanagmentservices.com.au 0466 533 320

PRINT YOUR DIRECTORY HERE

Category Category

LIFTS & ELEVATORS

Category Lift consulting Category and vertical transport Category

ABN Lift Consultants

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

Innovative Lift Consulting Pty Ltd

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

Category Category

PARKING

Category Car stackers, hoists and turntables Category Category

PowerUp Engineering

Car Stackers, Car Hoists and Turntables https://powerupengineering.com.au/ info@powerupeng.com.au 02 9170 0698

Category Category

ANTENNAS

Category TV antenna installation and service Category Category

Install My Antenna

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

Category Category

Category Category

RECRUITMENT SERVICES

Category Recruitment for the strata sector Category Category

Property Recruitment Partners People solutions for the Strata Sector

https://propertyrecruitmentpartners.com.au/ aaron@propertyrecruitmentpartners.com.au 02 8313 5591

sharonbennie – Property Recruitment Matching top talent with incredible businesses https://www.sharonbennie.com.au/ sb@sharonbennie.com.au 0413 381 381

Category Category

SOFTWARE

Category DigitalCategory tools for managing strata schemes Category

MiMOR

Connecting People – Creating Communities https://www.mimor.com.au/ info@mimor.com.au

Stratabox

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

Town Square

Productivity and Communications Platform for SMs https://townsquare.au/ hello@townsquare.au

Urbanise

PROJECT MANAGEMENT

Automate your workload to increase efficiency.

PM Services Australia

Resvu

Category Project management for strata works Category Category

Client-side Project Management Services https://www.pmservice.com.au/ info@pmservice.com.au 02 9221 1490

Projx PM

Project Managers for Strata remedial projects https://www.projx.pm/ rossl@projx.pm 0421 274 426

Category Category

DELIVERY & COLLECTION SERVICES Category Parcel, mail & locker solutions Category Category

Groundfloor

Parcel, mail, dry cleaning lockers & Parcel rooms. https://www.groundfloordelivery.com/ ask@groundfloordelivery.com 03 4050 7660

https://www.urbanise.com/ marketing@urbanise.com 1300 832 852

Customer Service Software for Strata https://resvu.io/ enquiries@resvu.com.au 08 7477 8991

StrataMax

Streamlining strata https://www.stratamax.com/ info@stratamax.com 1800 656 368

MYBOS

Building Management for Residential & FM Schemes https://mybos.com/ sales@mybos.com 02 8378 1096

Onsite.fm

Building Management Software https://onsite.fm/ hello@onsite.fm 02 7227 8550

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