The NSW
STRATA MAGAZINE OCTOBER 2026
Can one committee member block an emergency lift repair? Page 4 | Premium Strata
Is there a legal limit on how much strata levies can rise? Page 14 | The Strata Collective
The strata remedial works process: What owners should expect
Page 16 | MJ Engineering Projects
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.
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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
C an one committee member block an emergency lift repair?
20
Leanne Habib, Premium Strata
8
Allison Benson, Benson Legal
oes an uncertified private road put D our strata at risk?
22
an strata pass air conditioning C maintenance to owners?
24 Can our strata manager charge extra to affix the common seal? Tim Sara, Sara Strata
Paul Miller, Vital Strata Management
12
ow do we get a former chairperson to H return the complex’s keys?
26
Tim Sara, Sara Strata
14
16
ho pays for water damage from W rooftop terrace pot plants? Mark Joseph, MJ Engineering Projects
I s there a legal limit on how much strata levies can rise?
28
Sean Bermingham, The Strata Collective
Hugh McCormack, McCormacks Strata Management
he strata remedial works process: T What owners should expect
30
Mark Joseph, MJ Engineering Projects
18
I s strata liable for mould found between double glazed panes? Anthony Shakar, ASQB
Tyrone Shandiman, Strata Insurance Solutions
10
here does the committee stand on a W disability door upgrade request?
an I install child safety window C screens without OC approval?
an our strata committee approve free C lobby advertising screens? an I install a smart meter to switch C electricity retailers? Joseph Arena, Embedded Network Arena
32
The NSW LookUpStrata Directory
Adam Khan, Bannermans Lawyers
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Can one committee member block an emergency lift repair? Our secretary refused to pay the after-hours lift repair call-out fee, leaving residents stuck overnight. Who has the power to make this decision?
The strata committee is responsible for day-to-day decisions on behalf of the OC, subject to the legislation, the scheme’s resolutions and any delegations that are in place. The committee should therefore review whether any individual committee member has the delegated authority to approve or decline emergency expenditure.
The lift in our highrise broke down at 7pm. The lift company quote a $600 call-out fee. Our secretary declined to pay, and the lift company arrived 7 am the next morning. We arrived home late to an out-oforder lift, with no notice from the committee and no signage posted. Like other residents in the building, we have health issues.
For buildings where lift access is critical, relying on one person’s judgement can create unnecessary risk and uncertainty. However, an urgent situation may not allow sufficient time to obtain approval from the entire committee.
We have more than enough funds to pay this fee. Can one person delay a lift breakdown that affects the building and any disabled residents?
The committee shouldn’t let one person make this call. A lift breakdown in a high-rise building should be assessed according to the circumstances of the building and the practical consequences of leaving the lift out of service. If nobody is trapped and there is no immediate threat to life or safety, a lift contractor may take the position that an after-hours breakdown does not warrant an emergency call-out under its service arrangements. In this case, the lift was repaired within 12 hours, so the owners corporation (OC) may not have clearly failed to comply with its general repair and maintenance obligations. However, the impact on the building and its residents needs to be properly considered. The OC has a duty under section 106 of the Strata Schemes Management Act 2015 to maintain and keep common property in a good and serviceable condition. When addressing a lift breakdown, the committee should consider the practical consequences and operational issues created by leaving the building without lift access. The OC’s repair and maintenance obligations continue regardless of its immediate financial position. Where necessary works must be undertaken, the OC needs to determine how those works will be funded rather than allowing a lack of funds to prevent it from meeting its obligations.
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A more robust but efficient approach may be to establish a predetermined approval process involving at least two authorised committee members or other appropriately delegated representatives. This provides an additional level of oversight while still allowing decisions to be made quickly when an asset fails outside normal business hours, and required emergency attention. The committee should review this breakdown with the strata manager and lift contractor, including why the call-out was declined, who had authority to make that decision and what the contractor’s after-hours service agreement provides. Consider adopting a clear lift breakdown and emergency call-out protocol. This could establish when an after-hours call-out is automatically authorised, who may approve the expenditure, what approval thresholds apply, and how accessibility, building functionality and operational requirements should be balanced against the financial impact on the scheme. The committee may also consider removing or limiting any individual committee member’s ability to veto a callout where predetermined criteria have been met. Communication should also form part of that protocol. When a lift is unexpectedly unavailable, residents should be notified as quickly as practicable through available channels such as email, SMS, building management systems or notices in common areas, including at the lift doors. Residents should be told what has happened, when technicians are expected and who to contact if the outage creates an urgent accessibility or safety issue. Leanne Habib | Premium Strata info@premiumstrata.com.au READ MORE HERE
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Does an uncertified private road put our strata at risk? We have public liability insurance for our private road, but can’t find any record that it was ever certified. Could that create an insurance or liability problem?
What matters for insurance and liability is whether the road is actually safe and compliant now, not whether certification records exist.
We have over 10 homes on large blocks along a 1 km sealed private road, installed some 30 years ago.
We are not able to comment on the certification requirements for the road, including whether it was required to be certified when constructed or whether it currently meets the relevant Council or regulatory requirements. You may need to obtain advice from Council, an engineer or another appropriately qualified professional on that aspect.
We have public liability insurance for the road, but we can’t find any information as to whether the road has been certified. Council has no records or information. If the road has not been certified, could this cause us any insurance or liability issues?
From an insurance perspective, however, there are a couple of potential considerations. Some insurance policies contain exclusions relating to the cost of repairing, replacing or rectifying illegal or non-compliant installations.
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I am not suggesting that the road is illegal or non-compliant, particularly given it was constructed approximately 30 years ago. However, if it were later established that the road was not lawfully constructed or did not meet applicable requirements, this could affect a claim involving damage to, or rectification of, the road itself, depending on the circumstances and policy wording. There is also a potential public liability consideration. If someone were injured or suffered property damage involving the road, the circumstances of the incident would need to be considered. If an issue with the road’s construction, certification or condition contributed to the incident, this could potentially become relevant when determining whether the owners corporation was negligent or legally liable. Liability claims are very fact-specific. Lawyers and insurers will generally consider what caused the incident, the condition of the road, what the owners corporation knew or reasonably should
have known, whether reasonable maintenance and risk management measures were in place, and whether any particular defect or noncompliance contributed to the loss. The absence of certification records does not, by itself, necessarily mean that there is an insurance or liability issue. The more important question is whether the road is actually compliant and safe, and whether any known defects or hazards require attention. If the owners corporation is concerned, obtaining advice from an appropriately qualified engineer regarding the road’s current condition and compliance would provide a much clearer basis for assessing any potential insurance or liability implications. Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au READ MORE HERE
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Can strata pass air conditioning maintenance to owners? Our OC has maintained and replaced owners’ air conditioning units for years. How do we pass this responsibility back to owners? Ten of the 154 lots in our strata have air conditioning. Each air conditioning (AC) unit serves one lot. The strata plan, registered in 1997, does not mention them. The owners corporation (OC) has maintained, repaired, and replaced the ACs for nearly 30 years. According to the common property memorandum, this is the lot owners’ responsibility. For the OC to stop paying for the maintenance, repair or replacement, do we need a by-law?
Has the common property memorandum been adopted? If not, nearly 30 years of OC maintenance may mean the condensers are common property. The answer will depend firstly on whether the OC has adopted the common property memorandum as part of its by-laws. The fact that only 10 of the 154 lots have AC, and that each system serves only one lot, is relevant. However, the equipment’s location also matters. In this case, if the internal head units are within the lots but the condensers are on common property, responsibility for the condensers may differ depending on whether the common property memorandum has been adopted. If the common property memorandum has been adopted Section 107 of the Strata Schemes Management Act 2015 (the Act) permits the by-laws of a strata scheme to adopt the prescribed common property memorandum. The memorandum specifically allocates responsibility between lot owners and the OC for maintaining, repairing, and replacing certain items of common property. The prescribed memorandum provides that the lot owner is responsible for “air conditioning systems, whether inside or outside of a lot, which serve only that lot”. Accordingly, where an AC system serves only one lot, the memorandum places responsibility for maintaining, repairing and replacing that system on the owner of that lot, even where part of the system, such as the condenser, is located outside the lot on common property. 10 www.lookupstrata.com.au
Section 106(7) of the Act is important in this regard. Although an OC ordinarily has a statutory obligation to maintain and repair common property, that obligation is expressly made subject to a common property memorandum adopted under section 107. Therefore, if the memorandum has already been validly adopted and there is no inconsistent special by-law dealing with the AC systems, the OC would generally not need another by-law to stop paying for maintenance, repair and replacement of the individual systems. The relevant lot owners already bear responsibility. The OC should nevertheless notify the affected owners of the change in administrative practice and identify the relevant by-law adopting the memorandum. If the common property memorandum has not been adopted The position is different if the memorandum has never been adopted. The common property memorandum is not automatically applicable to every NSW strata scheme. Section 107 provides that the by-laws may adopt the memorandum, and the Regulation prescribes the memorandum that may be adopted. If it has not been adopted, the fact that the memorandum would ordinarily allocate responsibility for an individual AC system to the lot owner does not, by itself, relieve the OC of its statutory obligations. Section 106(1) of the Strata Schemes Management Act 2015 requires an OC to properly maintain and keep common property in a state of good and serviceable repair. Section 106(2) further requires it to renew or replace fixtures and fittings comprised in the common property. If the condensers were installed as part of the original development, are situated on common property, have been there since the strata plan was registered in 1997 and have continuously been maintained, repaired and replaced by the OC, there would be a strong basis for treating the condensers as fixtures comprised in the common property. The OC’s historical maintenance of the condensers does not, by itself, legally determine ownership. However, almost 30 years of consistent treatment by the OC would be relevant evidence, particularly where no by-law or other document places the obligation on the benefiting lot owners. In those circumstances, I would not recommend that the OC cease maintaining the condensers because the current common property memorandum says that AC systems serving one lot are normally an owner’s
responsibility. If the memorandum has never been adopted, it does not presently govern the scheme. Instead, the OC should first formalise the intended allocation of responsibility. One option would be to adopt the prescribed common property memorandum by special resolution. Once adopted, responsibility for an AC system serving only one lot would ordinarily pass to that lot owner in accordance with the memorandum. Alternatively, the OC could consider a specific AC by-law dealing with the ten systems and clearly setting out responsibility for their maintenance, repair and replacement, together with responsibility for any associated pipework, cabling, brackets, penetrations and damage to common property. What about the internal head unit? The internal head unit located wholly within a lot will ordinarily be treated differently from a condenser situated on common property. Assuming it forms part of the lot and is not common property, the lot owner would generally be responsible for its maintenance and replacement. The more difficult issue is therefore the external condenser and associated components situated on or passing through common property.
Conclusion If the common property memorandum has already been adopted, the OC should generally be able to rely upon it and require each of the ten lot owners to maintain, repair and replace their own AC system, including a condenser situated outside the lot, because the system serves only that lot. If the common property memorandum has not been adopted, the OC should be much more cautious. Where the condensers are located on common property and have historically been treated and maintained as common property since the scheme commenced, the OC may presently have the maintenance obligation under section 106. In that situation, rather than simply discontinuing payment, the preferable course would be to formalise the change by adopting the common property memorandum or putting an appropriate AC by-law in place. Paul Miller | Vital Strata Management paul@vitalstrata.com.au READ MORE HERE
How do we get a former chairperson to return the complex’s keys? Our chairperson resigned months ago and still hasn’t returned keys. We prefer to get the keys back rather than pay to change every lock. Our previous chairperson resigned because they were making decisions on their own, and they knew we were planning to vote them out at a meeting. A few months later, we noticed that the chairperson never returned their keys. They hold all keys for the complex. What can we do to get the keys back? Changing all the locks would be very expensive.
The owners corporation can issue a formal notice under section 181 requiring the keys to be returned. Failing to comply is an offence. This is a frustrating situation, and unfortunately not uncommon. Common property keys, whether physical keys, fobs, or access cards, are the property of the owners corporation (OC). A former committee member has no right to retain them after their role has ended, and the longer this drags on, the greater the security risk to your building. Start with a formal written demand
You’ve already asked verbally, which is a good first step. Now it’s time to put it in writing. The secretary of the committee (or strata managing agent) should write to the former chairperson, on behalf of the OC, demanding return of the keys by a specific date. Keep the tone professional and factual with no accusations, just a clear statement that the keys are the property of the OC, that their role as chairperson has ended, and that they are required to return them by [date]. Keep a copy of everything. Sometimes a formal letter from the strata managing agent or from a solicitor achieves results where a casual request doesn’t. 12 www.lookupstrata.com.au
If they still refuse
The law gives the OC some teeth. Under section 181 of the Strata Schemes Management Act 2015 (SSMA), the OC can give written notice to any person who has possession or control of property belonging to the OC, including records, documents, and physical property, requiring them to deliver that property to a specified committee member. Failure to comply with that notice is an offence under the Act. In plain terms: the committee can issue a formal notice under section 181 requiring her to hand back the keys. If they ignores it, they may be committing an offence. Mediation, then NCAT
If the section 181 notice doesn’t produce results, the next step is to apply for mediation through NSW Fair Trading. NSW Fair Trading offers a free strata mediation service, and mediation is generally a required step before you can take a strata dispute to NCAT. You must attach a mediation certificate to your NCAT application unless you are exempt. If mediation fails or is refused, the OC can apply to NCAT for an order requiring the former chairperson to return the keys. An order from NCAT is legally enforceable. What about costs?
If this matter ends up requiring legal steps, it’s worth keeping records of all costs incurred, including any security measures you’ve had to put in place in the meantime. If the former chairperson is ultimately ordered to comply, the question of who bears those costs may be something NCAT considers depending on the circumstances. A note on security in the meantime
While you work through this process, it’s worth the committee formally documenting, in meeting minutes, that the keys have not been returned and that the scheme faces an unresolved security risk. This creates a paper trail and demonstrates that the OC has been acting responsibly. Changing the locks is expensive, but if the situation drags on for an extended period and the security risk is significant, it may ultimately be the most practical solution, and potentially one you could seek to recover costs for down the track. Tim Sara | Sara Strata tim@sarastrata.com.au READ MORE HERE
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Is there a legal limit on how much strata levies can rise? Are there any legal limits on how much or how quickly strata levies can be increased, or is it purely up to strata management’s discretion? Are there limitations and/or restrictions for both time and cost for strata levy increases, or are they purely at the discretion of strata management?
In NSW there’s no legislated cap on strata levy increases. Levies are decided by the owners corporation at a general meeting, not the strata manager. In NSW, there is no legislated cap on how much strata levies can increase from one year to the next. However, levy increases must be based on the strata scheme’s legitimate financial requirements and approved by the owners corporation, not set unilaterally by the strata manager. Who decides levy increases? A common misconception is that the strata manager sets levies.
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In reality: • The owners corporation determines the budget and levies at a general meeting, usually the AGM. • Owners vote on the proposed budget and contributions. • The strata manager’s role is generally to prepare budgets, provide advice, and administer the scheme, but they cannot increase levies at their own discretion.
Is there a limit on the size of an increase? No specific percentage limit exists under the Strata Schemes Management Act 2015 (the Act). For example, if: • insurance premiums rise significantly, • major remedial works are required, • the capital works fund has been underfunded, • compliance or safety works become necessary, then increases of 20%, 50%, 100% or more may be legally justified. However, owners may question or challenge a levy if it appears: • excessive, • unreasonable, • unsupported by the budget, or • inconsistent with the scheme’s actual financial needs.
How much notice must be given?
Once levies are approved: • Standard levy notices must generally provide at least 30 days’ notice before payment is due. • For emergency repairs, the notice period can be reduced to 14 days.
Can levies be increased during the year? Yes.
If unexpected expenses arise and the scheme does not have sufficient funds, the owners corporation may raise a special levy at a properly convened general meeting. The strata committee or strata manager cannot simply impose this on their own.
• the 10-year capital works fund plan, • insurance increases, • anticipated repairs and maintenance obligations. This will become a more common occurrence as the legislation changes evolve to ensure owners are funding their buildings correctly in the future. This will reduce special levies, but regular quarterly levies will need to increase to ensure capital works funding is sufficient to meet future needs. Sean Bermingham | The Strata Collective info@thestratacollective.com.au
Practical “reasonableness” test
While the law does not set a percentage cap, NCAT would generally expect levy increases to be supported by: • an approved budget, • actual expenditure forecasts,
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Can I install child safety window screens without OC approval?
Can an owner install fall-safe child safety screens on their windows and let the installer access common property without written approval from the owners corporation? Several lot owners in our 18 lot strata scheme wish to install fall-safe screens as child window safety devices in their units. The units currently have complying window locks, but these owners believe the screens provide additional protection without needing keys. Our scheme has a by-law worded the same as the model by-law 2, and we’re aware of section 118 of the Strata Schemes Management Act 2015. 1. If the screens, once installed, are in keeping with the appearance of the rest of the building, is the owner within their rights to install them without written permission from the owners corporation? 2. Can the owner, or the licensed trade installer, access common property (for example, a car park) to safely install the screens without written approval from the owners corporation?
An owner can generally install fall-safe window screens without written approval, provided the installation doesn’t affect the building’s external appearance.
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If the scheme has a registered by-law that is the same or similar to by-law 2 of the model by-laws found in Schedule 3 of the Strata Schemes Management Regulation 2016, titled “Changes to common property,” the owner is within their rights to install a screen without the need for written permission from the owners corporation, provided that the installation does not affect the external appearance of the windows. The by-law allows an owner to install any screen or other device to prevent animals or insects from entering the lot, or any structure or device to prevent harm to children. Please note that the owner who installs the screen will be deemed responsible for repairing and maintaining the screen under the model by-law. Such installation does not contravene section 118 of the Strata Schemes Management Act 2015. The common property is for the use of the owners, occupiers and their invitees. Unless the contractor, as an invitee of the owner, obstructs the common property or contravenes the scheme’s by-laws, there should be no issues with the contractor installing the screens. Adam Khan | Bannermans Lawyers akhan@bannermans.com.au READ MORE HERE
Where does the committee stand on a disability door upgrade request?
Where does the committee stand on a disability door upgrade request, when the same manual disc system is used on many other doors in the block? A disabled owner has requested an upgrade to the door from our parking area to the ground floor lift lobby. They have a damaged foot from an injury sustained before purchasing in the building. They request an automatic door opener using a coded disc. The present disc/ tab releases the locked door but requires a manual action to open it. Our committee is concerned because this current system applies to many other doors throughout the nine storey block.
The owner should bypass the committee and put an accessibility infrastructure motion to a general meeting, which has a reduced voting threshold. In answering this question, I am assuming that the lot owner has a disability within the meaning of section 4(1) of the Disability Discrimination Act 1992 (Cth). The definition is broad and includes a total or partial loss of a person’s bodily functions. I assume the request was made to the committee rather than as a motion for consideration at a general meeting. The lot owner should not rely on the strata committee to investigate the potential for a new door. First, a change that is not a
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repair but is an addition or alteration to the common property is not within the strata committee’s powers. Second, the strata committee are volunteers and may not have the time to investigate and prepare a motion for approval of the owners corporation, or the inclination to put forward a proposal that may incur costs. However, there is another path to approve the change. An automatic door between the common property car park and the common property lift is accessibility infrastructure, as it would assist the disabled lot owner to access the common property and, presumably, also their lot from the car park. As such, the lot owner can prepare and submit an accessibility infrastructure motion to the owners corporation for consideration at a general meeting. This is a motion to change any part of the common property by installing, removing, modifying or replacing anything on or forming part of the common property, such as changing the common property door, its opening mechanism and security system to make the door automatic. This type of motion has a reduced threshold for calculating a special resolution, bringing it down to 51% of the unit entitlements present and eligible to vote in favour. Before voting on an accessibility infrastructure motion, section 132C of the Strata Schemes Management Act 2015 (the Act) requires the owners corporation to consider: 1. t he cost of the change and how it will be financed and the expected maintenance and operating costs (for instance, will the lot owner pay for the change, or is a special levy or strata loan required?)
2. who will own, install and maintain the new accessibility infrastructure. In this case, it would be impractical for anyone but the owners corporation to own, install and maintain the new door, opening mechanism and security system.
of the Act. If the motion is defeated, the lot owner should consider the reasons given and seek advice about a potential claim for discrimination, on the basis that operating and maintaining the common property door is a service provided to lot owners.
3. who would be able to use the accessibility infrastructure mechanism. In this case, depending on the system, it may be possible to have a door that opens automatically for some key fobs but not others, but this likely would not be practical.
Allison Benson | Benson Legal allison@bensonlegal.com.au READ MORE HERE
4. the extent to which not installing the accessibility infrastructure will cause, or be likely to cause, detriment to the disabled person in question, and whether the building can support the type of accessibility infrastructure requested. My suggestion is that the lot owner investigate options to convert the door to an automatic door and prepare an accessibility infrastructure motion with enough detail so that lot owners have the information required by section 132C
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Is strata liable for mould found between double glazed panes?
An owner claims strata must pay to remove mould found between their double glazed panes. Who’s responsible?
A window contractor’s first step would be to inspect the window and confirm the failure of the sealed glass unit, along with checking whether there are any other contributing issues with the window system.
Owners of a property with some double glazed windows claim that strata must pay for the removal of mould from between their glazing. They say the mould was present when they bought the property about two years ago, though the previous owners reported no problems. This is the first time the current owners have mentioned it.
The next question is who is responsible for the replacement.
Mould between double glazing panes almost always means the sealed unit has failed. Responsibility depends on whether the double glazing is original to the building or a later alteration.
This becomes particularly important with double glazing because it may not necessarily be original to the building. If a previous lot owner upgraded the windows or glass from single glazing to double glazing, a bylaw or approval for those works may place responsibility for ongoing maintenance and repairs with the lot owner.
Mould between double glazing, who is responsible?
If mould or contamination is present between the two panes of a double-glazed unit, this is generally an indication that the sealed glass unit has failed. Double glazing, commonly referred to as an IGU (Insulated Glass Unit), consists of two panes of glass separated by a sealed cavity. This cavity is inaccessible and not designed to be opened for cleaning. If moisture has entered this cavity and mould or contamination has developed between the panes, cleaning the glass is generally not an option. In most cases, you’ll need to replace the affected insulated glass unit.
In a strata property, windows forming part of the common property are commonly the responsibility of the owners corporation. However, I would recommend checking the registered strata plan and the scheme’s bylaws before determining responsibility.
The fact that the current owner believes the mould was present when they purchased the property two years ago doesn’t change the technical issue with the window. If contamination is genuinely trapped between the panes, the sealed glazing unit has failed at some point. Our recommendation would be first to confirm the failure and establish whether the double glazing is original or a subsequent alteration. The strata manager can then review the strata plan and relevant by-laws to determine whether the owners corporation or the lot owner is responsible for the replacement. Anthony Shakar | ASQB info@asqb.com.au READ MORE HERE
22 www.lookupstrata.com.au
Can our strata manager charge extra to affix the common seal? Our strata manager charged us to affix the common seal to a section 184 certificate, on top of the statutory fee already paid for that certificate. Is this charge legitimate or double dipping? Our strata manager applied a charge of $65 to our admin fund for affixing our common seal to a standard section 184 certificate completed for the sale of one of the units in our complex. We’re disputing the charge, since the person who requested the certificate already paid the statutorily prescribed fee of $119.90 for its preparation, sealing and delivery. As a section 184 certificate can’t legally be issued without the common seal being applied, we don’t believe a strata managing agent or committee can charge an additional or separate fee to execute or affix the seal to the document. While the strata manager maintains this charge is legitimate and common practice, we feel that it’s a case of “double dipping” and potentially a lucrative source of income for the business. Is the strata manager acting in accordance with the regulations? Which authority can investigate the strata manager to determine the extent of this practice?
This is not double dipping. These are two separate transactions with two different payers. There are two separate transactions here, with two different payers. Once you separate them, most of the confusion falls away.
The prescribed fee is paid to the owners corporation Under section 184(2) of the Strata Schemes Management Act 2015 (the Act), a request for a strata information certificate “must be 24 www.lookupstrata.com.au
made by written notice given to the owners corporation (OC) and be accompanied by the fee prescribed by the regulations.” Schedule 4 of the Strata Schemes Management Regulation 2016 sets that fee at $109 for an initial request, plus $54 for a further certificate covering a garage, parking space or storeroom. The $119.90 you’ve seen is that $109 plus GST. Two things follow. The fee is paid to the OC, not the strata managing agent. And the duty to produce the certificate within 14 days sits with the OC, not the agent (section 184(7)).
The agent’s fee is a different thing, and the OC pays it
Section 184 says nothing at all about what a strata managing agent may charge for doing the work. That is governed by the agency agreement, and by section 55 of the Property and Stock Agents Act 2002, which provides that a licensee “is not entitled to any commission or expenses” from a client unless the services were performed under a signed written agency agreement complying with the Act. Most agents set their certificate charge at the same figure as the prescribed fee. Nothing requires that. An agreement could provide for a higher figure, or for a certificate fee plus a separate charge for executing documents under seal. The fee is whatever the agreement provides. For context on why document work tends to be priced separately: the prescribed fee has sat at $109 since 1 July 2015. It hasn’t moved in eleven years, while the systems that generate the certificate and the professional review behind it haven’t stayed at 2015 prices.
So is it double dipping?
Not in the way you’ve framed it. Nobody has paid twice for the same thing. The applicant paid the OC the prescribed fee. The agent charged the OC under its agreement. Different payers, different transactions.
The proposition that a separate fee cannot be charged for affixing the seal because the certificate cannot be issued without it doesn’t hold either. The prescribed fee governs what the applicant pays the OC. It places no limit on what an OC agrees to pay its agent for that task or any other. Section 273(4) of the Act provides that an agent who affixes the seal is taken to have done so under a delegation from the OC, so what you are really looking at is the agent exercising a function of the OC, priced under the agreement.
Where your instinct is worth following
The sharper question isn’t legality, it’s value. If the OC receives $119.90 and pays out a certificate fee plus $65 for the seal, the administrative fund is worse off on every sale in the building. That is a fair point to raise with the committee, but it’s a commercial conversation about the agreement rather than a compliance one.
Start by asking the committee for the agency agreement, particularly the schedule of additional or fee-for-service charges. If a fee for affixing the common seal is listed there, the charge is authorised, and there is nothing to dispute. If it isn’t listed, the agent has no entitlement to it under section 55, and the amount should be credited back. Either way, it’s the OC, not an individual owner, that is the agent’s client, so the committee is the right body to raise it. Tim Sara | Sara Strata tim@sarastrata.com.au READ MORE HERE
Who pays for water damage from rooftop terrace pot plants?
Large potted trees on lots’ terraces have damaged the waterproofing and caused water ingress into the units below. Who’s responsible for the repairs and the damage?
Responsibility depends on the strata plan, by-laws and use of the rooftop areas. A strata lawyer and building engineer should review before any liability is allocated.
The rooftop terrace areas of our building are occupied by two units, and Land Registry Services recently advised that these terrace areas are the property of the two resident unit owners.
Responsibility for rooftop terraces is not always black and white. It will depend on the registered strata plan, any exclusive-use or common property rights by-laws, and the actual use and function of the rooftop areas.
Some lot owners contend that large pot plants holding large trees, and an irrigation system on the rooftop terraces, have damaged the rooftop tiling, leading to water ingress and damage to the lots directly beneath the rooftop. Hitherto, repairs to the rooftop terrace areas have been borne by the owners corporation.
Even where the terrace itself forms part of a private lot, elements such as the roof structure, waterproofing membrane and drainage and building services may still be common property or may service the building as a whole. Therefore, a strata lawyer should review the strata plan and by-laws before responsibility is determined.
Should the owners of the rooftop terrace lots pay for rooftop repairs and compensate the lower-level lot owners for damage caused by water ingress?
From an engineering perspective, whoever is responsible for the defective element should arrange for the source of the water ingress to be rectified. This may include replacement of the waterproofing system by suitably qualified parties in accordance with the applicable statutory requirements.
Should a motion be passed to adopt a bylaw distinguishing between common property and lot-owner responsibility for care and maintenance of these rooftop-terrace areas? 26 www.lookupstrata.com.au
If it can be established that the large planter boxes, trees or irrigation system have caused or contributed to damage to the rooftop waterproofing, the rooftop lot owners may also have some responsibility. However, this should be supported by evidence, not assumed.
Mark Joseph | MJ Engineering Projects mark@mjengineeringprojects.com.au READ MORE HERE
Any consequential damage to the lots below, such as damaged ceilings, walls or internal finishes, should also be considered as part of the overall rectification and liability assessment. For the proposed by-law, I recommend having a strata lawyer draft it so that responsibility is clearly defined for the rooftop areas, including waterproofing, drainage, finishes, planter boxes, irrigation systems, maintenance obligations and liability for any resulting damage.
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Can our strata committee approve free lobby advertising screens? A media company wants to install advertising monitors in our lobbies for free, so is that something our strata committee can approve on its own, or does it need formal owners corporation sign-off? We’ve been offered free installation of monitors in our lobbies by a media company. They’d carry building notices at no cost to the owners corporation, but they’d also display advertising. We want to know whether our strata committee can approve this and inform owners, or whether the owners corporation needs to formally approve it via a general meeting.
The strata committee can generally approve this itself unless it involves enhancing or licensing the common property. Between general meetings, the strata committee is the owners corporation. It may make decisions on behalf of the owners corporation unless there is a specific matter in the Strata Schemes Management Act 2015 (the Act) that requires a general meeting.
28 www.lookupstrata.com.au
Such items include adding to or enhancing the common property (section 108) and licensing common property to a third party (section 112), both requiring a special resolution. On a leased, temporary basis, the installation of the monitors is unlikely to be classed as an enhancement to the common property. Therefore, you could request a copy of the agreement that is to be put in place for the monitors. If there is licensing of common property for the space the monitor will utilise, a special resolution may be required. If neither of the above applies, the strata committee is entitled to authorise the monitors in its own capacity. Hugh McCormack | McCormacks Strata Management Hugh.McCormack@mccormacks.com.au READ MORE HERE
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Can I install a smart meter to switch electricity retailers?
Can we install our own smart meter, at our own cost, to switch electricity retailers if we’re on an embedded network, and do the ACCC, EWON or strata rules need to sign off on it? Our apartment is on an embedded network plan for electricity. We want to install a smart meter at our cost that all retailers can read so we can shop around for a better deal. This assumes the installation wouldn’t interfere with the other meters. We’re also wondering whether the ACCC and EWON need to approve the change, and whether any strata regulations apply.
Installing a smart meter alone won’t let you switch retailers; that requires arranging marketcompliant metering through an electricity retailer instead. The ACCC and EWON do not need to approve a resident moving from an “off-market” embedded network electricity arrangement to an “on-market” retailer. EWON may assist if there is a dispute, but it is not an approval body.
30 www.lookupstrata.com.au
Energy regulations allow individual customers within an embedded network to become onmarket customers and choose an electricity retailer, although this can be difficult in practice for residential customers. Installing a smart meter alone does not achieve this. You should first approach an electricity retailer, which can arrange the necessary market-compliant metering and connection requirements. Strata approval may also be required if the meter installation or associated works affect common property, such as meter boards, cabling or electrical infrastructure. By comparison, customers supplied through centralised hot water or gas arrangements generally do not have the same retailer choice. Joseph Arena | Embedded Network Arena joseph@embeddednetworkarena.com.au READ MORE HERE
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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
DOWNLOAD 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
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
PROJECT MANAGEMENT
Productivity and Communications Platform for SMs
PM Services Australia
Urbanise
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
Category Category
https://townsquare.au/ hello@townsquare.au
Automate your workload to increase efficiency. https://www.urbanise.com/ marketing@urbanise.com 1300 832 852
Resvu
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
RECRUITMENT SERVICES
Building Management Software
Property Recruitment Partners
Serif.AI
Category Recruitment Category for the strata sector Category
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
https://onsite.fm/ hello@onsite.fm 02 7227 8550
AI managed with your judgement https://www.serif.ai/ kelly@heyserif.com
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