What can owners do if the committee makes decisions outside of formal meetings?
Page 6 | Premium Strata
Should the owners corporation delegate all functions to the strata manager?
Page 24 | Tender Advisory
Is Parliament doing enough to protect strata owners from industry power imbalances?
Page 22 | Bugden Allen
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.
Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013. With a background in Information Management, LookUpStrata has helped Nikki realise her mission of providing detailed, practical, and easy to understand strata information to all Australians.
Nikki shares her time between three companies, including Tower Body Corporate, a body corporate company in SEQ.
Nikki is also known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.
Liza came on board in early 2020 to bring structure to LookUpStrata. She has a passion for processes, growth and education. This quickly resulted in the creation of The Strata Magazine released monthly in New South Wales and Queensland, and bi-monthly in Western Australia and Victoria. As of 2021, LookUpStrata now produce 33 state based online magazines a year.
Among other daily tasks, Liza is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.
Liza Jovicic Sales and Content Manager
Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au
www.lookupstrata.com.au
the strata manager or the tax agent keep strata scheme’s
can owners do if the committee makes decisions outside of formal meetings?
What insurance is compulsory for a small strata plan with a private road?
Proactively minimising the risk of further damage to magnesite flooring
Bruce
Can owners start renovations before a by-law is registered?
Tim
How can owners formally submit a motion if the committee ignores majority support?
What are my options if the owners corporation won’t fix the fence?
What are the owners corporation’s obligations when owners can’t agree on repairs?
David Lamborn, Windowline
Prepare your building for summer: Why now is the time to act
22 Is Parliament doing enough to protect strata owners from industry power imbalances?
Julia Moroz, Bugden Allen
Should the owners corporation delegate all functions to the strata manager?
Megan Parkins, Tender Advisory
Someone’s made an offer to buy my strata management business - what do I do? Strata Business Brokers
Requirements for installing CCTV cameras on common property in NSW strata schemes
Matthew Lo, Kerin Benson Lawyers
Who pays for repairs to a leaking internal pipe in a townhouse?
Sean Bermingham, The Strata Collective
Staying compliant while waiting for the AS 1851 fire safety update
Rob Broadhead, 2020 Fire Protection 34 Can strata introduce by-laws to control noise from residents working from home?
Sean McNamara, Strata meet data 36 The NSW LookUpStrata Directory
Thanks to our sponsors
Does
the strata
manager or the tax agent keep a strata scheme’s tax records?
Is a strata manager required to keep copies of income tax returns as part of a strata scheme’s financial records?
We are a small three-lot strata scheme and have always lodged nil tax returns. I asked our strata manager to lodge a final return so we could stop future filings and save on annual accountancy and strata preparation fees. The accounting firm, which is partly owned by our strata manager, initially refused to lodge the final return.
At an extraordinary general meeting, the owners voted to disengage the accountant and lodge the final return ourselves. The accountant then requested my personal details, including my tax file number, before agreeing to remove us as a client. When I requested a copy of our 2024 income tax return to help complete the 2025 return, I was told that income tax returns are not kept in strata records. Is there a legal requirement for strata managers to retain these documents as part of the scheme’s financial records?
Get in touch with the ATO directly and update the Public Officer details.
The current tax agent does not appear to be doing anything wrong, apart from $300+GST, which is a bit steep for a nil return.
Tax Ruling 2015/3 states that Strata Plans are to be treated like ‘for profit’ corporations for income tax purposes. This unfortunately means a Strata Plan cannot elect to lodge a final return like a ‘Not For Profit’ entity would. That said, the ATO has, on occasions, allowed this to happen in what appears to be a contradiction of TR 2015/3.
To change tax agents, the ATO needs to know who will be the new Public Officer. This is why the current tax agent wanted your TFN, etc. It is currently problematic that when tax agents and strata agents change, they must rely on the new agent to remove the old ones. This is not a good process that the ATO has created. However, you can contact the ATO directly to advise them of the new Public Officer without providing your details to the current tax agent.
In summary, get in touch with the ATO directly, update the Public Officer details, then ask your current tax agent to remove your plan from their client list. Then, the Public Officer can lodge the latest tax return as a final submission to see if the ATO will accept it. Once you become the Public Officer, you will have access to see the 2024 return.
Matthew Faulkner | Matthew Faulkner Accountancy PTY LTD
matt@mattfaulkner.accountants
Leading the way in strata funding
Lannock Strata Finance has been at the forefront of strata finance for twenty years, pioneering simple and flexible strata funding for strata communities.
As Australia’s leading strata lender, our flexible-use funding is designed exclusively to meet the needs of all strata communities, no matter how large or how small, including:
Building Remediation
Repairs and Maintenance
Upgrades to Common Property
Cladding Rectification
Experience the Lannock difference
Green and Sustainability Projects
Levies in Arrears
Litigation
Insurance Funding
Speak with your local Lannock expert about how we can tailor flexible funding to suit your specific needs.
1300 851 585 | lannock.com.au
What can owners do if the committee makes decisions outside of formal meetings?
How can an owner ensure the committee makes all decisions transparently through formal meetings and records them properly in the minutes?
Our committee operates without transparency and avoids holding proper meetings. I want to ensure the committee makes decisions through formal meetings and records them in the minutes so owners can clearly see the decisions made and who voted for them. How can I require the committee to follow this process without slowing down decision-making?
Decisions can only be made in meetings.
Strata committee meetings handle the day-today operations and decision making functions of the owners corporation. Strata committees must make decisions in duly convened meetings giving the requisite statutory notice (so any owner can attend or object to the matter(s) being considered) with documented minutes of meeting recording decisions made and distributed to all owners in accordance with the strata legislation (except for large schemes where minutes must be requested).
Decisions can only be made in meetings. To address your exact concerns regarding the failure of visibility, transparency, proper record keeping, etc., you can escalate the matter through NSW Fair Trading and NSW Civil and Administrative Tribunal.
What insurance is compulsory for a small strata plan with a private road?
What types of insurance are required each year for a strata plan covering five properties on a private road?
Our strata scheme has five properties that share a private road under the strata plan. What insurance must be arranged each year to ensure the strata plan is adequately covered?
compulsory insurances each year are
In New South Wales, the insurance obligations for a strata plan are set out in the Strata Schemes Management Act 2015
Under section 160, the owners corporation is required to insure the building, which includes any common property structures such as gates, fences, lighting or retaining walls, under a building damage policy. In addition, section 164 requires the owners corporation to take out public liability insurance over the common property, with minimum cover of $10 million for each event (though in practice insurers generally provide $20 million as standard).
For a strata plan where the common property is a private road, the compulsory insurances each year are building insurance (where structures exist) and public liability insurance.
Mention this offer when requesting a quote from us, and we will provide a discount off our standard fee for service of $250 (GST Inc) for buildings with 10-25 lots or $500 (GST Inc) for buildings with more than 25 lots for the first year you insure with Strata Insurance Solutions
To redeem this offer email a copy of your current policy schedule to Strata Insurance Solutions within 1 month of the publication of this magazine Your policy can expire any time in the next 12 months However we can only provide quotes 30 days prior to the expiry of your policyif your policy is not due now, we will schedule a quote at the appropriate time To ensure we apply this offer to our quotes, please specifically mention you would like to redeem the "LookUpStrata Special Offer"
Take the test todaysee how much you can save.
Proactively minimising the risk of further damage to magnesite flooring
If our building has magnesite flooring, what can we proactively do to minimise the risk of moisture problems and prevent concrete cancer from developing or worsening?
It is always important to control any water ingress.
If magnesite flooring is exposed to moisture, it can increase the risk of concrete damage. Therefore, it is always important to control any water ingress. As damage often occurs in wet areas, such as bathrooms or near external windows and doors where a leak has occurred, we recommend monitoring these areas closely for water penetration. Further damage, such as concrete cancer, can be minimised by immediately drying out water penetration. Proper rectification of the leak will also assist.
Unfortunately, once corrosion of steel has commenced within the concrete, it can only be controlled via destructive methods such as removal of the magnesite flooring and exposing the damage.
Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com
BUILDING CONSULTANCY
• Defect reports and forensic engineering
• Scope of works
• Dilapidation and risk surveys
• Dispute mediation and expert witness
• Contrator procurement and cost validation
• Construction management
• Capital works funds / maintenance plans
• Digital capability
• Façade assessments
REPAIR SOLUTIONS
• Emergency make safe
• Fire water damage restoration
• Leak detection
• Contamination response
• Building repairs
• Cost validation services
• Digital capability
Can owners start renovations before a by-law is registered?
Can an owner start renovations after a by-law is passed but before it is registered with the Land Registry Services?
After the relevant renovation by-law is passed by special resolution at a general meeting, can an owner begin renovations before the by-law is registered with the Land Registry Services (LRS)? The owner has been advised that work can start if they agree to take responsibility for any associated costs. Is this correct?
An owner’s informal promise to “be responsible for costs” cannot replace the statutory requirement.
No. An owner must wait until the by-law is registered with NSW Land Registry Services before commencing any works.
The Strata Schemes Management Act 2015 (NSW) is explicit. Section 141(2) provides that:
“The change to the by-laws has no effect until—
(a) the owners corporation lodges a notification with the Registrar-General… and
(b) the Registrar-General makes the appropriate recording in the folio for the common property.”
Until the by-law is recorded on the common property title, it is simply not operative. This means it cannot authorise works, impose conditions, or shift responsibility for maintenance and repair.
This is critical because most renovation by-laws deal with alterations to common property. Section 111 of the Act prohibits an owner from carrying out work on common property unless authorised under the Act or by a by-law that is in effect. Where a by-law allocates ongoing responsibility for maintenance to the lot owner (as renovation by-laws typically do), section 108(5) confirms that such approval has no effect unless the by-law is actually made — and by force of section 141(2), that occurs only upon registration.
An owner’s informal promise to “be responsible for costs” cannot replace the statutory requirement. The scheme requires the by-law to be registered so that all obligations — including indemnities, insurance, access conditions, rectification requirements, and ongoing maintenance duties — are enforceable against both the current and future owners of the lot.
The only exceptions are cosmetic works (section 109) and minor renovations properly approved under section 110, which do not require a by-law. However, where a renovation by-law is required, the position is clear: until registered, the by-law has no effect and no work should commence.
Practical tip: Always wait for confirmation that the by-law has been recorded from NSW Land Registry Services before starting any renovations. Acting prematurely risks breaching the Act, invalidating insurance protections, and exposing both the owner and the owners corporation to liability.
Tim Sara | Strata Choice tsara@stratachoice.com.au
Insurance & Risk Under the Microscope: Emerging Threats and How to Respond
Insurance is one of the fastest-moving challenges in strata today. Premiums are rising, underwriters are more cautious, and exclusions are widening. Building age, combustible cladding, lithium battery fire risks and climate -related weather damage are all driving insurers to demand more evidence of sound risk management.
For strata managers, this means moving from a reactive stance to a proactive one. Rather than waiting for issues to surface through claims or complaints, the priority should be prevention and preparedness. Routine inspections help identify hazards early, detailed documentation shows the scheme is meeting its duty of care, and independent reports safeguard owners’ assets while reducing the risk of claim delays
Where QIA Group helps: Our Safety Reports identify compliance and safety issues before they escalate into costly claims, while our Insurance Valuations ensure schemes maintain accurate cover and avoid the risks of underinsurance. Together, these reports give strata managers and committees the confidence to demonstrate due diligence and protect their communities.
How can owners formally submit a motion if the committee ignores majority support?
Can the committee ignore majority owner support for a master key upgrade, and how can an owner formally raise the proposal?
Our building does not have a master key system, so owners need multiple keys to access their apartments, the front door, and fire stair doors. A request was made to the committee to upgrade to a master key system for $10,000, but the committee rejected it, citing a lack of funds.
A voluntary survey of our 36 owners, which I conducted, resulted in 23 responses. 19 supported the upgrade, representing a majority. I provided the committee with this information, but they have not acknowledged or responded.
After reviewing the capital works fund, I believe around $100,000 may have been incorrectly classified. Is the committee obliged to act on the survey results, given the level of owner support? Should I submit a motion to the next committee meeting, or do I need to call an extraordinary general meeting to have the proposal formally considered?
A
motion should be submitted for the next meeting of
the owners corporation.
The strata committee is not obliged to act on the survey results. A committee can (and should) consider owner feedback, but unless the survey is formally conducted through a general meeting, it has no binding effect. Even strong support (like 19 out of 36 owners) is still only an expression of interest until the matter is put to a general meeting where owners can vote formally.
However, given the numbers, the survey is useful evidence of support and committees often take such results into account in practice –but they are not compelled to.
A motion should be submitted for the next meeting of the owners corporation. Any person entitled to vote can submit a motion to the strata manager/secretary for inclusion on the agenda for the next general meeting of the owners corporation (Schedule 1, Part 2 (4) Strata Schemes Management Act 2015 (the Act)).
If the AGM is many months away and you want the issue dealt with sooner, you (with support from other owners) can request a general meeting to be convened based on a qualified request (Section 19 of the Act: a request made by one or more owners of a lot with a total of at least one quarter of the aggregate unit entitlements).
You can also ask the committee to include your motion at their next committee meeting. However, please note that the committee reserves the right to reject or defer the motion. They are not required to approve it. To have a binding decision, it must be put to a general meeting of all owners.
In regard to the capital works fund classification issue, if you believe funds have been misclassified or incorrectly allocated, that’s also something that should be formally raised in a general meeting. The owners corporation as a whole decides how capital works funds are spent, and proper reclassification may require approval.
Jana Antelmann | Strata Life jana@thestratalife.com.au
What are my options if the owners corporation won’t fix the fence?
What can I do to bring forward repairs to a boundary fence if the owners corporation has delayed the work for six years?
The dividing fence between my lot and my neighbour’s property, which is a separate free-standing house not part of our scheme, is in an extreme state of disrepair. The owners corporation has scheduled the repairs for six years, which I find unacceptable. What can I do to have the work completed sooner?
Get involved in the discussion of the owners at a general meeting.
I’ll assume, and without sighting the strata plan, that the boundary fence is not a private fence between you and your neighbour and that it is common property. If it were a private fence for your lot and the neighbour, the responsibility for the fence would generally lie with the two adjoining property owners. You could liaise directly with the neighbour, without needing to involve the owners corporation.
Considering this a common property fence, I suggest you get involved in the discussion of the owners at a general meeting. All owners have input and a say in the repair and maintenance of common property, as well as in how funds in the trust account are allocated.
If you are not getting any assistance from the strata committee or strata manager, take the initiative and request a motion for the next general meeting through the strata manager. Consider obtaining your own quotes, if possible. This would invoke a discussion amongst all owners and may force the issue. A repair of the fence may be undertaken.
If you have exhausted all reasonable approaches, make an application with NSW Fair Trading for mediation with the owners corporation.
Mark Louis | Vital Strata Management mark@vitalstrata.com.au
Altogether EV solutions.
Future-proofing developments with smart EV charging infrastructure.
As a leader in embedded energy infrastructure and EV charging solutions, Altogether partners with property developers, owners’ corporations, and strata managers to integrate scalable, costeffective, and future-ready EV infrastructure.
Our expertise ensures developments meet evolving sustainability standards while enhancing property value and resident appeal. find out more
EV charging enhances a building’s desirability, providing residents and tenants with a critical service while supporting longterm asset value.
Partner with Altogether for a Smarter EV Future.
As EV adoption accelerates — expected to reach 50% of new car sales by 2030 — proactive investment in EV infrastructure is essential for maintaining competitive and sustainable developments.
Contact us to learn how our solutions can benefit your community.
altogethergroup.com.au
What are the owners corporation’s obligations when owners can’t agree on repairs?
How should the owners corporation resolve a stalemate where owners disagree on whether to replace only damaged windows and doors or all of them for consistency?
In our ocean-front building, the windows and doors are in varying states of repair. Some are functioning well, while others are beyond repair and need replacement. Some owners want to replace only the broken windows and doors as needed, ensuring the replacements match the building’s appearance. Others believe we should replace all windows and doors at once to maintain a uniform look.
This disagreement has led to a standstill, and no replacements have occurred. I’m concerned that the owners corporation may not be meeting its duty to maintain common property, as owners with broken windows and doors are left without repairs. What obligations does the owners corporation have in this situation?
Replacing
windows and doors on
an ad-hoc basis can seem like the easier option, but it usually works out more expensive in the long run.
You’ve raised an important point that we see quite often in strata buildings. From a cost perspective, replacing windows and doors on an ad-hoc basis can seem like the easier option, but it usually works out more
expensive in the long run. This is because each small project carries the same set of fixed costs, i.e. delivery, rubbish removal, site setup, access equipment, measuring, and compliance documentation. When you spread these costs across only one or two windows, the per-unit price is significantly higher than when they’re shared across an entire building program. A full replacement project, while a larger expense upfront, is usually more cost-effective overall because labour and materials can be optimised and economies of scale applied.
In terms of obligations, the owners corporation must maintain and repair common property, which does extend to windows and doors and your current scenario. Whether this is done progressively or in one stage, both approaches can work to meet that obligation. Though what we have found helpful for owners corporations in this position is running a cost exercise on both options so that all owners can clearly see the financial implications. Companies qualified in window and door replacement for strata buildings should be able to prepare both staged and fullreplacement options, with transparent pricing and advice on compliance with the Design and Building Practitioners Act 2020 and other relevant standards. This way, the committee can make an informed decision that balances immediate needs, long-term cost effectiveness, and the external uniformity of the building.
David Lamborn | Windowline info@windowline.com.au
As the year draws to a close, many of us are looking forward to a well-earned break. But before the holiday season begins, now is the ideal time to check the health of your building. For strata properties in particular, the summer period often brings an increased risk of weather-related issues — from seasonal
and
These conditions can expose hidden defects and quickly turn minor maintenance concerns into costly remediation projects.
Taking a proactive approach now not only protects your building but also ensures peace of mind over the summer months.
Defining a Clear Scope of Works
Address Issues Before the Weather Does
Summer’s combination of heat, moisture and changing weather patterns can reveal underlying weaknesses in building envelopes, facades, roofs and drainage systems. Water ingress, corrosion, cracking and sealant failures are all common issues that can worsen rapidly if left unresolved.
By engaging professional assessments before the holiday period, owners and committees can identify potential risks early. This allows time to plan and implement remediation or preventative measures — helping to avoid emergency callouts and last-minute decisions during the holiday season. Proactive maintenance now can save significant cost and disruption later.
Why Engage a Project Manager
Cost overruns frequently stem from vague incomplete project scopes. When details are unclear, contractors may underquote and later issue expensive variation claims. PMs collaborate with engineers consultants to ensure that the scope is detailed complete before tendering. This precision minimises ambiguities and the risk of disputes.
Coordinating inspections, investigations and remedial works can be complex, particularly for strata properties where multiple stakeholders are involved. Engaging an experienced project manager provides independent oversight and ensures all technical, safety and compliance aspects are properly managed.
A project manager acts as a central point of contact between the strata manager, committee and contractors — reducing risk, maintaining transparency and ensuring the best possible outcome for the building.
Contracts That Protect You
Plan Now for Peace of Mind Later
Make the Most of Contractor Availability
emediation anagement
Another benefit of acting now is timing. Towards the end of the year and into early January, many trades and contractors have greater availability before new project pipelines begin. Commencing investigations or remedial works during this window often allows for faster mobilisation and, in some cases, more competitive pricing.
A small amount of planning now can deliver long-term peace of mind. Whether your building requires a defect inspection, waterproofing review or broader remediation works, PASG Projects can help.
Contact us today at info@pasg.com.au to arrange a complementary consultation and prepare your building for the season ahead.
A well-drafted contract is another layer of financial protection. Project managers ensure contracts tailored to the specific remediation needs include clear terms for quality, timelines, payment schedules, and managing changes. This reduces risks and ensures accountability across all parties.
Ongoing Management and Oversight
Planning ahead also means documentation, tendering and approvals can be finalised while activity is quieter, allowing works to commence smoothly once the new year begins.
A PM’s job doesn’t end at contractor selection. oversee day-to-day operations, monitor progress, resolve issues, and approve work before payments are made. Their constant presence helps prevent disputes, delays, and substandard workmanship, protecting your investment from start to finish.
An Investment That Pays Off
Hiring a project manager isn’t an added cost—it’s strategic investment. The right PM can save far more than they cost by avoiding expensive pitfalls ensuring the job is done right the first time.
Is Parliament doing enough to protect strata owners from industry power imbalances?
Do current legal principles need to change to ensure fair outcomes for strata owners when dealing with strata professionals?
Given the significant power and knowledge imbalance between strata owners and the professionals they engage, such as strata managers, building managers, and contractors, are existing legal principles sufficient to ensure fairness? Should the law be modified to better protect strata owners and help achieve more equitable outcomes?
While Parliament is making progress in addressing the power imbalance, more is needed.
The power and knowledge imbalance between individual strata owners and the professionals they contract with, such as strata managers, building managers, and contractors, is a real and ongoing concern in strata governance. Many owners lack legal or technical expertise, making it difficult to scrutinise contracts, challenge decisions, or identify conflicts of interest. This imbalance can lead to situations where strata owners are bound by long-term, inflexible, or opaque service agreements that may not serve their best interests.
Parliament has begun to address this issue. Notably, the proposed amendment to section 37 of the Strata Schemes Management Act 2015 (NSW) will introduce a mandatory training requirement for strata committee members. This is a positive step, as it aims to improve decision-making within the owners corporation by ensuring that committee members better understand their duties and the legal framework within which they operate.
Educated committees are more likely to ask questions, seek quotes, monitor performance, and resist overreaching conduct by contracted professionals.
Additionally, the NCAT plays a key role in resolving strata disputes. It is designed to be an accessible, low-cost forum where individuals can represent themselves. NCAT also offers procedural guidance to unrepresented parties, which helps reduce the disadvantage that owners may face when dealing with professionals who are legally advised.
That said, there may still be scope for legal principles to evolve further. For example:
• Introducing a mandatory duty of disclosure for building and strata managers regarding commissions or referral fees (as flagged in the forthcoming Strata Schemes Legislation Amendment Act 2025);
• Expanding unfair contract protections to cover standard-form strata-related service agreements more explicitly;
• Giving owners corporations a statutory right to periodically review or terminate long-term service contracts without penalty;
• Requiring greater transparency in tendering and procurement processes.
In conclusion, while Parliament is making progress in addressing the power imbalance through training and future regulatory reforms, there is still a need to further modernise legal principles and contract standards to ensure that strata owners, who often have limited leverage, can participate in the system on fair and informed terms.
Julia Moroz | Bugden Allen julia@bagl.com.au
When the Right Hire Matters, Choose Sydney’s Most Trusted Partner.
From the North, East, South, or West of Sydney, no agency is as deeply connected to Sydney and NSW’s top talent as Property Recruitment Partners. Specialising in the strata and property sectors, we offer unmatched expertise, leverage strong long-term relationships with passive candidates, and provide local market insights that general and national recruitment agencies simply cannot match.
“A true champion in the field.
With a strong Strata and Facilities Management network, PRP connects us with top talent quickly and efficiently."
People & Culture Partner, PICA Group
Aaron Petrilli
“PRP demonstrated a profound understanding of the real
They offered invaluable insights that significantly contributed to our team's success."
Premium Strata, Strata & Building Management
Should the owners corporation delegate all functions to the strata manager?
Should the owners corporation delegate all functions to the strata manager, including those of the office bearers and committee? Can the strata manager override committee decisions?
We are about to renew our strata management agreement, and a motion in the AGM agenda states:
“(b) The owners corporation delegate to the agent all its functions (other than those listed in section 52-2 of the Act) and all the functions of its chairperson, secretary, treasurer, and strata committee.”
If the owners corporation delegates all functions to the strata manager, what effect does this have on the office bearers and committee members? Can the strata manager override their decisions?
The owners corporation or office bearers of the strata committee may continue to exercise all or any of the functions delegated.
In short, the answer is no, the strata manager cannot override the decisions of an elected strata committee or the owners corporation, depending on the decision that is being made or the resolution that is required to be passed.
The strata manager acts as an agent for the owners corporation. The committee, as the elected representatives of the owners, directs the manager’s actions.
Despite any delegation made under this division of the Act, under sections 53(2) and 54(2), the owners corporation or office bearers of the strata committee may continue to exercise all or any of the functions delegated.
For absolute clarity, we suggest that the minute relevant to the motion within the agenda be amended to clearly reflect any limitations the owners corporation wishes to impose on the strata managing agent, such as limits on spending from the administrative and/or capital works fund, limits on convening meetings for unapproved purposes, and expectations or parameters around insurance renewals. We also recommend that the owners corporation seek independent legal advice to ensure these limitations are appropriately worded and enforceable.
Requirements for installing CCTV cameras on common property in NSW strata schemes
Can the committee install a CCTV camera on the manager’s balcony to monitor vehicle speed and improve security?
I am considering proposing the installation of a CCTV camera on the balcony of our manager’s residence. The camera would cover the front vehicle access gate and pedestrian entrance to monitor the speed of cars entering and leaving the complex, as well as for general security purposes. Is this permitted?
The owners corporation can install CCTV cameras on their common property, subject to the passing of appropriate by-laws, if the CCTV cameras are for reasonable use and do not infringe on the rights of other parties.
This question deals with specific issues, and I can’t comment specifically on those. In general, I understand that the question is whether the owners corporation may install CCTV cameras to common property to monitor common property areas for vehicles entering and exiting the complex for security purposes.
Owners corporations are allowed to install CCTV cameras on their common property for security purposes. They would require a by-law pursuant to section 108 of the Strata Schemes Management Act 2015 (NSW) (SSMA) and to comply with the Surveillance Devices Act 2007 (NSW), particularly section 8.
Whilst an owners corporation can install CCTV cameras to their common property, a consideration is that such cameras do not infringe on any rights of others, for example, section 153 of the SSMA states that an owner (or tenant) has a right of enjoyment and use of that lot.
In the decision of Stojiljkovic v Whittle [2021] NSWCATCD 97, which involved unauthorised cameras installed by a lot owner (so not directly analogous to this question), consideration was given to whether those cameras infringed on the section 153 rights of other lot owners.
Senior Member Ross had in that decision stated in obiter that “I am satisfied that the filming of the common property driveway by
one lot owner (the respondents) interferes with the reasonable use of the common property by other lot owners (including the applicants)”, at [32]. But in that case Senior Member was “unable to make any finding that the cameras film the applicants’ lot, I am unable to find that they interfere unreasonably in the use by the applicants of their lot. However, if the cameras do indeed film the applicants’ lot, that would amount to interference in the reasonable enjoyment by the applicants of their lot.”
So, whilst the owners corporation can install CCTV cameras to their common property, subject to the passing of appropriate by-laws, it would still need to be for reasonable use and not infringe on the rights of other parties.
Matthew Lo | Kerin Benson Lawyers enquiries@kerinbensonlawyers.com.au
Who pays for repairs to a leaking internal pipe in a townhouse?
In a townhouse, who is responsible for a leaking pipe between the ground floor ceiling and upper level?
Our strata consists of three townhouses (units A, B, and C). Units A and B share an adjoining wall, as do units B and C. A leaking pipe in the downstairs ceiling of unit C has caused damage above a wardrobe located between the bedroom and garage. The pipe services only unit C.
As the boundary of each townhouse is the external perimeter, is the space between the ground floor ceiling and the upper level considered common property or part of the lot? Who is responsible for repairing the damage caused by the leak?
Review the registered strata plan and bylaws for your scheme to check the exact boundaries of the lots.
The general advice below is based on the majority of strata plans that I have seen. However, notations on the actual registered strata plan and registered bylaws can also affect the answer to this type of question.
If you wish to confirm this definitively, you should review the registered strata plan and bylaws for your scheme to check the exact boundaries of the lots. For clarity, please contact LRS (Land Titles) by emailing planinquiry@nswlrs.com.au, providing a copy of the plan and bylaws.
Under the Strata Schemes Management Act 2015 (NSW), the general position is that the owners corporation is responsible for the repair and maintenance of common property, while lot owners are responsible for maintaining their own lot property.
For townhouses, the boundaries of the lot are typically defined by the external surfaces of the building (unless the registered strata plan specifies otherwise). This means:
• Ceiling, floor, and wall structures (including the space between the ground floor ceiling and the first-floor slab) are usually considered common property, and therefore the responsibility of the owners corporation to repair and maintain.
• Pipes or services that service only one lot, however, are considered lot property and are the responsibility of the lot owner, even when located within common property walls, floors, or ceilings.
In this case, as the leaking pipe may appear to be servicing only unit C, the lot owner of unit C may be responsible for the pipe itself and any repairs to it.
If, however, the leak has caused damage to the common property (e.g. the ceiling structure), the owners corporation may be responsible for repairing part of the damage.
It is therefore possible that:
• The owner of unit C may be responsible for arranging and paying for the repair of the leaking pipe;
• The owners corporation may be responsible for repairing any common property affected by the leak (for example, water damage to the ceiling structure).
Again, if you wish to confirm this definitively, you should review the registered strata plan and bylaws for your scheme to check the exact boundaries of the lots.
Sean Bermingham | The Strata Collective info@thestratacollective.com.au
The Strata Collective. Where People Matter.
The Strata Collective was formed with a simple goal –to provide a professional strata management service to clients who want a close, personal relationship with their Strata Manager.
We are a next generation Strata Management business that you can count on.
Staying compliant while waiting for the AS 1851 fire safety update
What’s happening with the delayed update to Australian Standard 1851, and what should strata committees do about fire protection systems to stay compliant?
I’m on the committee of an older strata building in NSW and have heard about planned updates to AS 1851, which covers fire protection system maintenance. We were told the update was due soon, but it has since been delayed. Can you explain what caused the delay, what changes we should expect, and what our committee should do in the meantime to ensure we remain compliant?
If the owners have been meeting their existing NSW strata legislation requirements to maintain their building and essential fire safety measures, AS 1851 should bring no change.
Regarding the delay, it occurred because the NSW Building Commission did not believe adequate education to end-users and research into the impact of legislating that had been undertaken by them or the industry.
There is a whole series of FAQ’s and more to be released imminently, ready for the proposed Feb 2026 implementation date. I am co-chair of the Building Commission’s Strata and owner sector of the industry reference group assembling those FAQ’s.
Your committee needs to be aware that the new standard is coming. They should ensure their current fire maintenance contract requires their contractor to “undertake maintenance of their Essential Fire Safety Measures to AS1851-2012”.
That is all they need to do. There are no requirements for an upgrade.
If the owners have been meeting their existing strata legislation requirements to maintain their building and essential fire safety measures, there should be no change whatsoever. If they have not been maintaining them, they need to start maintaining them in accordance with AS 1851 and rectify the identified defects. Again, to be clear, no upgrades are required.
Right now, you can find out more on the NSW Government website: Reforms to building fire safety regulation. Stay in contact with LookUpStrata, 2020 Fire Protection and other relevant industry bodies, and you will see the official FAQ’s released soon!
Rob Broadhead | 2020 Fire Protection rob.broadhead@2020fire.com.au
Can strata introduce by-laws to control noise from residents working from home?
Can strata complexes introduce a by-law to limit noise and privacy issues from residents working from home?
With more people working from home, I’ve noticed a significant increase in white noise, especially in summer when balcony doors are open. I can hear residents’ conversations and even their work calls for hours at a time. I often overhear private discussions while sitting on my balcony. Can strata complexes introduce restrictions or bylaws about working from home to address these noise and privacy concerns in buildings with shared walls?
A by-law restricting or limiting working from home is likely to be found harsh and unreasonable.
This is certainly a more prevalent issue than it was before COVID-19 forced so many of us to stay at/work from home, and the continuing allowance for work from home arrangements means some people are still impacted in this way.
However, a by-law restricting (including limiting) working from home is likely to be found harsh and unreasonable, and therefore, unenforceable as it presupposes behaviour or impact on occupiers of other lots, thereby limiting the rights of occupation.
It’s worth remembering that such overheard conversations are not solely an aspect of working from home – I’m sure many of us have heard people on the phone, talking loudly, without it being work-related.
There are already by-laws and legislation that more generally address noise issues. The model by-laws in the Strata Schemes Management Regulation 2016 (NSW) have ByLaw 6 (By-Law 1 for pre-1996 schemes), which specifies that an owner or occupier of a lot is not to create noise “likely to interfere with the peaceful enjoyment of the owner or occupier of another lot”. Your scheme may have additional or amended noise by-law/s.
Additionally, s 153 of the Act states that owners, occupiers, and other persons are not to use or enjoy a lot “in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot”.
As you can appreciate, this can be subjective, and relies on a “reasonable” interpretation of the by-laws, s 153, and the circumstances if it were to proceed to any Tribunal or Court action.
If you are concerned with the content of the calls, the volume of the calls, the frequency of calls, or any combination of those factors, the best first step is a polite approach to the caller/s detailing your concerns.
You may well find a simple note detailing the date/s and time/s of a few calls, and the subject matter discussed, would be enough for the caller to modify their behaviour (perhaps going to a different room or closing windows/doors during calls).
You can make this approach in writing or in person, as you feel comfortable.
One note, however – for the matter to be dealt with formally by the strata committee or strata manager, it is best to try a direct approach first. You will need to identify
yourself to the committee or strata manager to make a formal complaint (i.e. no anonymous complaints, although you can request that the neighbour not be informed of the complainant).
You are also within your rights to take the matter to NCAT. However, you will need to attempt mediation first. This is a much more involved process, and you will need to specify which parts of the Act and/or breached scheme by-laws, and very specifically, which corrective order you are seeking from NCAT.
Regardless, keeping a log of date, time, duration and nature of calls, as well as the efforts you have taken to have the matter resolved, may help to have the matter resolved, whether directly or through more formal channels.
Sean McNamara | Strata, Meet Data sean@stratameetdata.blog