The QLD
STRATA MAGAZINE MAY 2025
What can we do about abandoned goods such as bicycles? Page 28 | Vision Strata
Do we have to pay the caretaker fees when Cyclone Alfred has closed our resort? Page 30 | Grace Lawyers
Ignored leaks and a divided committee: How owners can get action Page 32 | Tower Body Corporate
About Us LookUpStrata is Australia’s Top Property Blog Dedicated to Strata Living. The site has been providing reliable strata information to lot owners, strata managers and other strata professionals since 2013. As well as publishing legislative articles to keep their audience up to date with changes to strata, this family owned business is known for their national Q&A service that provides useful responses to lot owners and members of the strata industry. They have created a national network of leading strata specialists across Australia who assist with 100s of the LookUpStrata audiences’ queries every month. Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.
Meet the team
Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013. With a background in Information Management, LookUpStrata has helped Nikki realise her mission of providing detailed, practical, and easy to understand strata information to all Australians. Nikki shares her time between three companies, including Tower Body Corporate, a body corporate company in SEQ. Nikki is also known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.
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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.
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Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au Disclaimer: The information contained in this magazine, including the response to submitted questions, is not legal advice and should not be relied upon as legal advice. You should seek independent advice before acting on the information contained in this magazine. 2 www.lookupstrata.com.au www.lookupstrata.com.au Strata legislation is updated regularly. The information in this magazine is based on the legislation at the time of publishing. 2 2www.lookupstrata.com.au
Contents 4 Do we approve the proposed budget at a VOC or the AGM? William Marquand, Tower Body Corporate
6 Sinking fund reimbursement for loan repayments funded by long-term agreement income Jason Triplett, Lannock Strata Finance
8 Can our self-managed strata get a commission rebate from the insurance broker? Tyrone Shandiman, Strata Insurance Solutions
10 Incidence of pedestal paving hiding water issues Bruce McKenzie, Sedgwick
12 Always give the committee a decision to make Chris Irons, Strata Solve
14 Overcoming client objections: Insights from QIA Group’s inspectors for Strata Managers QIA Group
16 Common property power for visitor EV charging Frank Higginson, Hynes Legal
18 An owner will not be a visitor, even when they do not occupy their lot at the scheme
20 Someone’s made an offer to buy my strata management business. What do I do? Strata Business Brokers
22 Counting votes on an amended motion Todd Garsden, Mahoneys
24 Do we need to appoint a lawyer to apply to the BCCM? Chris Irons, Strata Solve
26 Ensuring fire-rated entry doors undergo annual inspections Stefan Bauer, Fire Matters
27 Annual occupier statements: Are you signing a liability risk? Stefan Bauer, Fire Matters
28 What can we do about abandoned goods such as bicycles? Karen Thompson, Vision Strata
30 Do we have to pay the caretaker fees when Cyclone Alfred has closed our resort? Brendan Pitman, Grace Lawyers
32 Ignored leaks and a divided committee: How owners can get action William Marquand, Tower Body Corporate
34 The QLD LookUpStrata Directory
Connor Mahoney, Mahoneys
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STRATA COMPLIANCE REPORT SPECIALISTS
Do we approve the proposed budget at a VOC or the AGM? Why would our strata manager insist we approve the proposed budget at a VOC before the AGM, rather than simply approving the proposed budget at the AGM itself? Are owners better informed if they see the minutes of a VOC than if they see and vote on the budget via the AGM papers? Why, indeed? There are quite a lot of strata managers who require VOCs to approve budgets. They might argue that as the legislation only lets the committee make a formal decision at a committee meeting or via a VOC, it has to be done this way. They may be looking to isolate the body corporate manager from the process so they can show the budget is a proposal of the committee rather than the manager. Too often, though, the process is just bureaucracy for bureaucracy’s sake, an additional process at an additional cost for no additional gain. 4 www.lookupstrata.com.au
The committee should ask whether there has been a clear structure around determining the budget and an agreed majority outcome. If the answer to that is yes, ask if a VOC will change anything or if it is necessary to make owners aware of the decision through this method. A VOC is probably unnecessary if the answer to that second question is no. On the other hand, if committee members disagree with the budget or you are improving a large increase that needs some definition for owners, you might consider it worthwhile. Are owners better informed if they see the minutes of a VOC than if they just see and vote on the budget via the AGM papers? It’s important to remember that the body corporate manager works for you, not the other way around. If they say you must have a VOC and you don’t want one, say no. Your focus should be on actions that improve your scheme. If it is beneficial to have a VOC, do so. If not, don’t. William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE
Sinking fund reimbursement for loan repayments funded by long-term agreement income
Do loan repayments funded by long-term agreement income need to be reimbursed to the sinking fund by owners via a special levy? Our body corporate receives $45,000/year income for long term agreements. We borrowed money for building improvements and use this income for the loan repayments. Do these loan repayments need to be paid back into the sinking fund by owners via a special levy? Our previous strata managers did not state this was a requirement, but our new strata manager has insisted that this is the case.
Strata loans are serviced from the administration fund. It is great that you are generating this additional income for your body corporate. We strongly recommend that you get specialist legal and tax advice on how to treat both the telco income and its utilisation. Strata loans are serviced from the administration fund, which would make it difficult to use money that has been deposited into your sinking fund for that purpose. Keep in mind also that the money received from the telco is most likely to be deemed assessable income to your owners. This is another reason to make sure you have the right tax and legal advice! Jason Triplett | Lannock Strata Finance strata@lannock.com.au READ MORE HERE
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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
Green and Sustainability Projects
Repairs and Maintenance
Levies in Arrears
Upgrades to Common Property
Litigation
Cladding Rectification
Insurance Funding
Experience the Lannock difference Speak with your local Lannock expert about how we can tailor flexible funding to suit your specific needs. 1300 851 585 | lannock.com.au
Can our self-managed strata get a commission rebate from the insurance broker?
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Is a self-managed strata entitled to a rebate from the insurance broker’s commission? Your scheme can negotiate the remuneration structure with the broker.
You are entitled to negotiate with insurance brokers, especially if the strata scheme directly engages the broker. If the insurance broker pays a commission to strata managers and your self managed strata scheme engages them directly, your scheme can negotiate the remuneration structure with the broker. As is the case in any profession, you can negotiate fees. Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au READ MORE HERE
REDUCE YOUR INSURANCE COSTS WITH OUR LOW FEE-FOR-SERVICE POLICIES AND NO HEFTY COMMISSION TO YOUR STRATA MANAGER. 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 policy if 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".
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1300 554 165 info@stratainsuranesolutions.com.au www.stratainsurancesolutions.com.au Strata Insurance Solutions is a Corporate Authorised Representative of Insurance Advisernet Australia Pty Limited ABN 81 072 343 643 Australian Financial Services Licence No 240549 CAR Number 404246
Incidence of pedestal paving hiding water issues What is the incidence of pedestal paving hiding water issues beneath? The success of pedestal paving depends on elements beneath, including drainage, falls to substrates, membranes and upturns. Pedestal paving has become more popular in the past 5 -10 years, and our experience with water issues beneath is varied. There is no specific Australian Standard yet that covers the paving installation. Therefore, installations rely on manufacturer recommendations combined with other standards such as waterproofing and drainage. The success very much depends on elements beneath, including drainage, falls to substrates, membranes and upturns. It can be a very effective product. I have seen some very good installations and some bad ones that have failed. 10 www.lookupstrata.com.au
In instances where the substrate was incorrectly installed, issues have been undetected because they are not visible and difficult to access. It is very difficult for building inspectors to check the substrate during a post completion inspection without lifting pavers. That becomes very time consuming and expensive for owners. For this reason, it can be a problematic area to regulate. More often, I have seen blocked drainage due to build up where leaf and/or debris has fallen between joints. Pedestal paving needs to be on a maintenance schedule where specific pavers are lifted above drainage points routinely so the paving can be inspected and cleaned. Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com READ MORE HERE
Helping the strata community navigate their building concerns
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Defect reports and forensic engineering
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Scope of works
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Fire water damage restoration
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Dilapidation and risk surveys
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Leak detection
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Dispute mediation and expert witness
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Contamination response
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Contractor procurement and cost validation
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Building repairs
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Construction management
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Capital works funds/maintenance plans
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Façade assessments
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Always give the committee a decision to make
What techniques are recommended to change the language, attitude and bias of our committee who perceive lot owner concerns as ‘objections’ and ‘complaints’? Always ensure you give the committee a decision to make.
Generally, we think your best bet is to ensure that your ‘objections’ or ‘complaints’ are succinct, accurate, objective and clear in your aim. In other words, make sure you avoid dissertations and ‘rants’ and always ensure you give the committee a decision to make. For example, requesting the committee to ‘decide’ or ‘resolve’ something and referencing a quote or similar, is more tangible and action-focused than suggesting they ‘investigate’ or ‘consider’ something. This is general information only and not legal advice. Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE
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Overcoming Client Objections: Insights from QIA Group’s Inspectors for Strata Managers
As a service provider, at QIA Group, we understand that strata management can often feel like a juggling act, especially when it comes to dealing with client objections and committee concerns. Whether you’re managing maintenance, conducting meetings, or addressing resident complaints, your role is vital to the smooth operation of the building. Here’s a light-hearted look at how our inspectors at QIA Group handle objections during property inspections and how you, as a strata manager, can apply these strategies to your own work. 1. Listen and Acknowledge the Concern It’s not uncommon for committee members to express concerns about reports and recommendations made during inspections. Often, they just want to feel heard and validated, which is why it’s essential to listen attentively and acknowledge their concerns. Sometimes, just letting someone vent can go a long way. 2. Stay Calm Under Fire Dealing with objections can sometimes feel like you're standing in the middle of a storm, especially when committee members are upset about certain findings. However, staying calm and composed in these situations can turn a tense moment into an opportunity for education. 3. Offer a Solution, Not Just an Explanation Clients don’t just want to know what’s wrong—they want solutions. Our inspectors know that it’s essential to present possible solutions when discussing issues. This is a key opportunity to demonstrate your expertise and show that you’re focused on providing value. 4. Set Expectations and Educate Sometimes, objections arise because committee members don’t fully understand the scope of work, or the importance of certain recommendations. As specialists in our field, we excel at educating clients, explaining the why behind each suggestion. When expectations are set clearly, objections often fade away. Funny anecdote: In one instance, a committee was adamant that a building’s gutters were completely fine, despite our inspector pointing out some significant blockages. After some back and forth, the inspector suggested, “You know, gutters are a little like teenagers—if you don’t check on them regularly, they can get into a lot of trouble.” The committee chair laughed, but after learning more about the risks of clogged gutters, they agreed to implement the recommended cleaning schedule. 5. Know When to Escalate Despite all our efforts to offer solutions and education, there are times when the situation might escalate beyond what we can resolve in the moment. That’s when knowing when to escalate and bring in senior management or suggest further mediation is key. It’s not a failure—it's just part of the process. Final Thoughts The next time you're faced with a heated committee meeting or a difficult client, remember: a little humour, a calm demeanour, and a solid solution can go a long way in turning a challenging situation into a positive one.
STRATA COMPLIANCE REPORTS THAT ARE EASY TO UNDERSTAND
Sinking Fund Plans What
Inspection of the common property to create a forecast and timeline of future capital works expenditure
Why
To help maximise the value of your property and minimise unexpected levies To help comply with strata regulations which require an ongoing 10 year forecast
When
Every 5 years (earlier if an unexpected change in property condition or budget occurs)
Building Maintenance Assessment Reports What Why When
Inspection of common property to assist Owners Corporations and Bodies Corporate identify areas which require Maintenance & early identification of more serious building deterioration and defects. Maintenance happens – In many cases the failure to adopt an approach or standard leads to inaction and potential for one costly maintenance issue after another with Owners possibly being forced to raise Special Levies to pay for the unexpected works. Yearly
Common Property Safety Reports What
Inspection of the common property to detail physical safety hazards and ways to address them
Why
To help minimise potential hazards to property owners, residents and visitors To help comply with safety regulations and common law duty of care
When
Yearly
Fire Safety Audits & Evacuation Plans What
Inspection of the property to audit fire equipment records, evacuation plans and training
Why
To help minimise the risk of personal injury and property loss as well as financial and legal liability To help comply with fire regulations and common law duty of care
When
Yearly in QLD, as required in other states
Insurance Valuations What
Inspection of the property to provide an independent estimate of the replacement cost
Why
To help minimise the risk of being unable to rebuild due to insufficient insurance coverage
When
Every 5 years
Asbestos Inspections & Reports What
Inspection of the common property including sampling and testing of suspected asbestos containing materials
Why
To help minimise health risks and property contamination as well as financial and legal liability To help comply with asbestos regulations and common law duty of care
When
Immediately if asbestos is suspected Yearly if the asbestos containing materials are unstable and/or changed, or 5 yearly if undisturbed
The information in this document is merely a summary for the purpose of providing a simplified overview, for detailed information please contact us. Timeframes are based on a combination of legislative requirements, common law duty of care and best practice to help meet compliance obligations and to assist in minimising personal injury and property loss as well as financial and legal liability. Timeframes can be customised to meet specific requirements.
1300 309 201 info@qiagroup.com.au www.qiagroup.com.au QIA Group Pty Ltd ABN 27 116 106 453
Common property power for visitor EV charging
A visitor parks his EV in his parent’s car park. The committee have allowed him to install a power point in the space from common property power. Is this decision lawful? A lot owner’s son, who visits the building, parks his car in his parent’s parking space. The car is an EV, and the son used common property power to charge the vehicle. Residents complained to the committee, and the committee allowed the son to engage an electrician to run a power point from the common power so the car could be safely charged. There are no minutes about the decision. Can the committee allow a visitor to make changes to common property and also allow them to use common power? When questioned, the committee responded, ‘because it’s a trickle system we decided to allow it’. Many owners are not happy. 16 www.lookupstrata.com.au
I don’t think what they have allowed is right. To me this one is a by-law issue to start and then it is back to what is acting reasonably. But considered another way, would they allow me to put a chest freezer down in my car space and hook up to common power? If the answer to that is no, the same principles should apply to car charging. I don’t think what they have allowed is right. Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au READ MORE HERE
Leading Lawyers. Living Strata. We are dedicated to the strata sector. With a deep industry understanding, we know the way to your strata solutions.
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An owner will not be a visitor, even when they do not occupy their lot at the scheme
A lot owner rents out their unit but uses the attached marina berth to moor their boat. Should they park in a visitor parking space when they use the boat? Sometimes, friends accompany them and also use the visitor parking space. An owner will not be a visitor, even when they do not occupy their lot at the scheme. Generally, visitor parking must remain available at all times for use by visitors to the scheme. The adjudicator in Sailz Whitsunday [2009] QBCCMCmr 305 explained: “I am of the view that if a local government requires that a certain number of spaces or areas are provided for visitors to residential units, then such spaces must always be available. … They must be there to accommodate visitors’ cars and to prevent congestion and on-street parking where the scheme is required to provide off-street parking. That must be the point of a visitor’s car park. Unless specifically stated, I am of the view that visitor car parking must be freely accessible to visitors with no encumbrances.”
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An owner will not be a visitor, even in circumstances where they do not occupy their lot at the scheme. This is because: 1. Section 35(4) of the Body Corporate and Community Management Act 1997 (Qld) relevantly provides: If the occupier of a lot is not the lot’s owner, a right the owner has under this Act to the occupation or use of common property is enjoyed by the occupier. 2. a djudicators define visitors as those who call upon occupiers. Accordingly, this owner will generally have no right to park their vehicle within a visitor carpark at the scheme or moor their boat (unless this was not part of the tenancy arrangements with the occupier). The enforcement action available to the body corporate in respect of this conduct will, however, depend upon the terming of the relevant by-laws for the scheme, or if it wishes to rely only upon the legislation in this regard. Connor Mahoney | Mahoneys tgarsden@mahoneys.com.au READ MORE HERE
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20 www.lookupstrata.com.au
Counting votes on an amended motion
How are votes counted at an extraordinary meeting with electronic voting and pre-voting before an EGM? How are votes counted at an extraordinary meeting with electronic voting and pre-voting before an EGM? The BCCM explanatory note mentions counting votes for amending motions but not counting votes on the amended motion. Those who precast
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their vote before the meeting are deemed to vote against the amendment. But, if an amended motion is subsequently passed, how are the pre-votes counted? Are they discarded because now, it’s a different motion?
The voter who has already cast a vote is counted against both the motion to amend and the amended motion.
b. if the person has cast a hard copy or electronic vote on the motion in its original form—must be counted as voting against the motion. I have emphasised the relevant parts above.
The legislation does address this circumstance.
The voter who has already cast a vote is counted against both the motion to amend and the amended motion.
The relevant Section 115 Amendment of motions at general meetings provides: In counting the votes cast in favour of and against a motion to amend a motion, or an amended motion, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote—
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au READ MORE HERE
a. if the person has not cast a hard copy or electronic vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or
Experts in Body Corporate Law and Disputes Mahoneys has a dedicated team of lawyers with experience in assisting bodies corporate with: management rights assignments and variations debt and levy recovery general disputes and advice
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Do we need to appoint a lawyer to apply to the BCCM?
Does the body corporate need to appoint a lawyer to apply to the BCCM? I read a recent strata information article that seems to state that if conciliation is unsuccessful, the body corporate is required to pass an ordinary resolution at a meeting to appoint a lawyer to apply to act on the body corporate’s behalf at the BCCM. Further, even when they get an adjudicator’s decision, it can still be appealed in the magistrates court if you go there to try and get the decision enforced. If this is correct, it seems pointless to go to the BCCM. Was the information correct?
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The committee (or indeed, any party) is not required to have legal representation in the Commissioner’s Office. While we haven’t seen the article in question, we think there are a few inaccuracies in your question. It is not correct that a committee (or, indeed, any party) is required to have legal representation in the Commissioner’s Office. It is optional, and we understand that self-represented parties continue to comprise a significant proportion of all matters in the Commissioner’s Office. If a committee wants to be legally represented, then yes, it will need to pass a resolution, although that isn’t necessarily at a general meeting, it can be – depending on the case – a committee resolution.
It is correct that once an adjudicator has issued an order, it gets enforced in the Magistrates Court. That’s only needed if the order isn’t automatically complied with. In our experience, most adjudicators’ orders are complied with by the parties without the need for enforcement. That said, if one of the parties does not comply, then it is the Magistrates Court that has the power to compel the party to comply. There are also financial penalties applicable for non-compliance with an adjudicator’s order. Appeals of adjudicators’ orders are through QCAT, not the Magistrates Court. The Commissioner and adjudicators do not impose penalties or fines. The only costs that can be awarded are costs up to $2,000 if an adjudicator finds an application frivolous, vexatious or misconceived. As to your comment about the potential pointlessness of the process: we can see why you may say that. That said, and as we note above, enforcement is not often required.
Moreover, the Commissioner’s Office has not ever been established to be or resourced as an enforcement agency. Does that need to change? That’s a matter of opinion. We can see pros and cons. We also note that NSW looks to be moving more towards an enforcement model for strata, with recent announcements of resourcing for strata compliance there. Will we see that in Queensland? That’s a question for government, and if you want the model to change, you need to be advocating for that to your local Member of Parliament. Or you can consider whether there is an appropriate peak body to take forward your views and represent your interests. This is general information only and not legal advice. Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE
Strata Solve helps people untangle and resolve their strata issues. Sounds simple when you put it like that, doesn’t it? Director Chris Irons (pictured, with his strata-approved greyhound Ernest) has an unrivalled strata perspective. As Queensland’s former Body Corporate Commissioner, Chris has seen and heard virtually every strata situation and nuance. He knows that while legislation provides a framework, there are many ambiguities to navigate through and in which pragmatism, commonsense and effective communication are vital. As an independent strata consultant, Chris provides services which are all about empowering owners, committees, managers, caretakers, and others, to protect their strata interests. With a high-profile media and online presence, and as an accredited mediator, Chris is also able to carefully ‘read the room’ and craft the right narratives in even the most complex strata situation. Strata Solve is not a law firm. Chris instead thinks of steps you can take before you embark on lengthy, costly, and stressful legal proceedings. Regardless of the client, all people in strata have one thing in common: their substantial investment in the strata scheme. Strata Solve prioritises that investment in each tailored solution we provide. Get in touch to find out more.
email: chris@stratasolve.com.au web: stratasolve.com.au
Ensuring fire-rated entry doors undergo annual inspections
Who is legally obligated to ensure that fire-rated entry doors undergo regular testing, tagging, and annual inspections? In an apartment building, the responsibility typically falls to the body corporate. In an apartment building, the responsibility for the test and tag/annual inspection of fire doors typically falls to the body corporate. The body corporate is responsible for the maintenance and compliance of common property, which includes fire safety.
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However, for safety installations, individual unit owners might also have some responsibility for the fire doors in their own units, i.e. provide access, not installing additional door hardware, etc. It’s important to consult local regulations and the specific bylaws of the body corporate for precise responsibilities. Stefan Bauer | Fire Matters sbauer@firematters.com.au READ MORE HERE
Annual Occupier Statements
Yet many body corporates unknowingly take dangerous shortcuts by relying solely on maintenance reports from the same contractors who installed or service their equipment. This creates a clear conflict of interest – would they report their own oversights or noncompliant work?
Are you signing a liability risk?
That routine occupier statement you sign each year carries far more weight than you might realise. As a legally binding declaration of your building's fire safety compliance, it could become evidence of negligence if systems fail or documentation is lacking. What’s really at stake? Signing without proper verification could expose your body corporate to fines, voided insurance, or even lawsuits if a fire breaks out. Your signature affirms that your building meets the following requirements:
The smart compliance solution An independent fire safety audit provides:
✔ Unbiased verification of all safety systems ✔ Identification of hidden compliance gaps ✔ Alignment with current legislation ✔ Protection against regulatory penalties ✔ Defense against potential lawsuits Don't let your signature become a liability. Our expert auditors give you the confidence of knowing your occupier statement is 100% accurate and defensible. Stefan Bauer Fire Matters
Fully operational fire safety systems (alarms, extinguishers, sprinklers) Complete and up-to-date maintenance records
READ MORE HERE
DON’T RISK IT! If a retrospective investigation finds any aspect of your fire safety non-compliant, you risk voided insurance, hefty fines and even jail. That’s why it’s crucial to get an independent third-party consultant to audit your building.
FIRE COMPLIANCE AUDIT
Fire Safety Installations Emergency Evacuation Plan Means of Escape Evacuation Diagrams
RESIDENT TRAINING
In-person fire safety training and evacuation drills. Plus, an online learning portal for anyone unable to attend.
OCCUPIER’S STATEMENT
Fire Matters provides an unbiased fire compliance assessment that could save you thousands. We also ensure your residents are fully trained in the event of a fire, giving you peace of mind when signing your occupier’s statement.
CONTACT US: 07 3071 9088
admin@firematters.com.au
www.firematters.com.au
We prepare the Occupier’s Statement on your behalf, so you can sign with confidence knowing all the compliance boxes have been ticked.
What can we do about abandoned goods such as bicycles?
How does a body corporate committee deal with abandoned goods like bikes that have been left by past residents? Our complex has a large numbers of rented lots, and tenancies change regularly. We have a number of bicycles racks, and the executive committee believe some of the bikes are abandoned, left by vacated residents. What is the Queensland law for unclaimed property? Can the committee tag them for removal if they have not been claimed by a certain date? If not claimed, do we take the bikes to the Police Station? 28 www.lookupstrata.com.au
There is no specific process prescribed under the Act for dealing with unclaimed items. It is not uncommon for residential strata complexes with high rental turnover to face issues with abandoned property, such as bicycles. This issue must be handled in accordance with the Body Corporate and Community Management Act 1997 (Qld) (“the Act”) and your by-laws.
Abandoned Goods: Bicycles
4. T ag and Register Annually: Residents could be asked to completed a proforma bike registration form and receive a new coloured tag each year. This way the body corporate could establish which bikes may be abandoned and then focus on those bikes only.
1. T ag and Notify: Attach a dated notice to each bicycle advising that it appears to be abandoned and will be removed if not claimed within a specific timeframe (e.g., 28 days). Include contact details for owners or tenants to get in touch.
It is important to document all steps taken to show the committee has acted fairly and transparently.
Where bicycles are suspected to have been abandoned, the committee should proceed cautiously. While there is no specific process prescribed under the Act for dealing with unclaimed items, the committee may want to consider taking the following reasonable steps:
2. Give Notice to Residents: Distribute a general notice to all owners and residents, advising all of the process, including the deadline for claiming items. 3. Unclaimed Property: If, after the notice period, bicycles remain unclaimed, the body corporate may consider delivering them to the local police station as unclaimed property or disposing of them in a reasonable manner. Some bodies corporate will donate these to charity.
If unsure, committees are encouraged to seek qualified strata law advice or consult with the Office of the Commissioner for Body Corporate and Community Management. Karen Thompson | Vision Strata contact@visionstrata.com.au READ MORE HERE
Do we have to pay the caretaker fees when Cyclone Alfred has closed our resort?
Due to Cyclone Alfred, our holiday letting resort will be closed for up to nine months. Are we required to continue to pay the monthly caretaker fees? Due to flood damage from Ex-Tropical Cyclone Alfred, our holiday letting resort will be closed for up to nine months, and all 36 villas will be vacant. Our onsite contract caretakers have been relocated and have no letting or caretaking duties. Are we required to continue to pay the monthly caretaker fees in this situation?
It is possible that payment could be withheld, however that would depend on the terms of the specific agreement. While it’s understandable to feel frustrated when paying caretaker fees and no work is done, a body corporate is generally required to continue paying the caretaker’s remuneration. It is important to note that payment would be in reference to the caretaking duties, not the letting duties. It is possible that payment could be withheld, however, that would depend on the terms of the specific agreement. Non-payment can lead to legal repercussions, so it is important to obtain legal advice tailored to your specific agreement. An owner may have separate rights against the letting agent under the terms of appointment between that owner and the letting agent. Brendan Pitman | Grace Lawyers brendan.pitman@gracelawyers.com.au READ MORE HERE
30 www.lookupstrata.com.au
Since 2001, Seymour Consultants has applied professionalism, honesty and integrity to every project and built a reputation as a market leader in the Strata Industry.
With a background of over 25 years experience in Quantity Surveying, Construction and Development, you can be sure to benefit from our experience for your reporting and project based needs.
Call us today on 07 5573 4011 Email us on: info@seymourconsultants.com.au Visit our website: www.seymourconsultants.com.au
Our main objective is to work in partnership with you as we share a joint interest in the success of each and every project.
Specialising in: • Fire Safety Auditing, Evacuation Planning & Training • Pool Certification • Facility Manager & Caretaker Recruitment • Lot Entitlement Reporting • Building Condition Reports • Quantity Surveying • Health & Safety • Sinking Fund Forecasts • Asbestos Auditing • Insurance Valuations • Caretaking Performance Reviews • Caretaking Remuneration Reviews – Time & Motion Study • Management Rights – Suitability Interview & Assessment • Tax Depreciations • Part Five Reporting
Ignored leaks and a divided committee: How owners can get action
How can owners resolve ignored leak issues and committee inaction? The situation has been inflamed by ongoing division between committee members, owners and the committee? Our caretaker renovated their unit, and shortly after, leaks began in the basement car park. The caretaker’s plumbers say they can’t find the cause of the problem. The committee members ignore the issue, and committee member’s opinions are divided. I’ve reported the matter to the strata manager and the committee and requested we arrange a plumber to investigate, but my requests have been ignored. Our building owners and committee have been divided for years. I’ve been a committee member, but I was voted off years ago, as our committee supported the caretaker, not the owners. How do we resolve this? 32 www.lookupstrata.com.au
There is a series of formal steps you can take to escalate the matter. If you are struggling to progress an issue with your body corporate via email or discussion, there is a series of formal steps you can take to escalate the matter. You can start by issuing a letter to the body corporate asking that the correspondence be tabled and discussed at the next committee meeting. If that isn’t sufficient, skip the letter and submit an owner’s motion. This will require the committee to vote on the matter. You could draft the motion differently depending on the outcome you want. If you want them to vote on a quote, submit that, but if you don’t have a quote, you may have to make a submission to ask them to investigate an issue. If the committee denies your motion, that gives you a formal record of response. You can submit a claim to the commissioner’s office using the denial as evidence of what action is being taken/not taken.
In this case, one aspect for you to highlight for the committee is that the body corporate has a responsibility to maintain the common property in good condition. There may be discussions to be had about how the damage was caused, and it is not enough for you just to believe the issue is caused by the plumbing in the caretaker’s lot – you need evidence to substantiate this. They may be challenging to obtain, but if the body corporate doesn’t have evidence, the body corporate has to proceed with the repair. It’s also important to consider how you present the issue. You say your scheme has some divisions between owners, the committee, and the caretaker. This isn’t unusual, but if the issues you raise seem part of an ongoing dispute where the positions are ingrained, simply adding to these problems is unlikely to bring about a resolution. It’s not easy, but try to recast your questions so they are not adversarial but focused on procedure or requirements.
Giving people a new context may help shift them away from their longstanding positions. William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE
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STRATA MANAGEMENT Tower Body Corporate
Your Best Decision P: 07 5609 4924 W: https://towerbodycorporate.com.au/ E: info@towerbodycorporate.com.au
Bright & Duggan
Strata Professionals P: 02 9902 7100 W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au
DEFECT RESTORATION Commercial Building Facade Solution Precision Diagnostics-Innovative Solutions P: 0488 223 359 W: https://www.cbfs.com.au/ E: mike@cbfs.com.au
Building Rectification Services
P: 07 5539 3588 W: https://www.buildingrectification.com.au/ E: admin@buildingrectification.com.au
Vision Strata Services
Altec Building
Your local Strata Firm based on the Gold Coast QLD W: http://visionstrata.com.au/ E: info@visionstrata.com.au
Remedial Building & Waterproofing P: 02 9744 2039 W: https://www.altecbuilding.com.au/ E: info@altecbuilding.com.au
SSKB Strata Managers
Building Experts Australia Pty Ltd
A Positive Difference in Strata P: 07 5504 2000 W: https://sskb.com.au/ E: sskb@sskb.com.au
Northern Body Corporate Management
Specialist Body Corporate Management for North Queensland
P: 07 4723 8217 W: https://www.nbcmqld.com/ E: nbcm@bigpond.net.au
Bryant Body Corporate Management Not All Agents Are the Same! P: 07 5437 7777 W: https://www.bryantstrata.com.au/ E: peterbryant@bryantstrata.com.au
Quantum United Management
Creating vibrant and connected communities P: 61 38360 8800 W: https://www.quantumunited.com.au/ E: info@quantumunited.com.au
Archers the Strata Professionals
Building Solutions P: 0475 454 350 W: https://bexa.net.au/ E: bruceh@bexa.net.au
STRATA REPORTS Rawlinsons
Calculated Confidence P: 08 9424 5800 W: https://www.rawlinsonswa.com.au/ E: info@rawlinsonswa.com.au
Strataregister.com Pty Ltd
Find the Strata / CT Manager for your property P: 0411 483 249 W: https://www.strataregister.com/ E: hello@strataregister.com
Diamond Property Inspections
Property Inspections You Can Trust P: 1300 368 000 W: https://diamondinspections.com.au/ E: orders@diamondinspections.com.au
Your Partners in Stratas W: https://abcm.com.au/ E: marketing@abcm.com.au
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BUILDING ENGINEERS & INSPECTORS Sedgwick
Building Consultancy Division & Repair Solutions W: https://www.sedgwick.com/solutions/global/au E: sales@au.sedgwick.com
QIA Group
Compliance Made Easy P: 1300 309 201 W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au
GQS
Quantity Surveyors & Building Consultants P: 1300 290 235 W: https://gqs.com.au/ E: info@gqs.com.au
Seymour Consultants
Body Corporate Report Specialists W: https://www.seymourconsultants.com.au/ E: info@seymourconsultants.com.au
BCRC
Construction Materials & Durability Consultants P: 02 9131 8018 W: https://bcrc.com.au/ E: sydney@bcrc.com.au
Palmer Acoustics
Specialist Acoustic & Audio Visual Engineering P: 61 7 3802 2155 W: https://palmeracoustics.com/ E: ross@palmeracoustics.com
HFM Asset Management Pty Ltd Building Efficiency P: 0407 734 260 W: https://www.hfmassets.com.au/ E: info@hfmassets.com.au
Independent Inspections
Sinking Fund Forecast, Insurance Valuations, OHS P: 1300 857 149 W: http://www.iigi.com.au/ E: admin@iigi.com.au
Leary & Partners
Quantity Surveying Services Since 1977 P: 1800 808 991 W: https://www.leary.com.au E: enquiries@leary.com.au
BIV Reports
Specialist in Strata Compliance Reports P: 1300 107 280 W: https://www.biv.com.au/ E: biv@biv.com.au
Pircsa Pty Ltd
Professional Insurance Restoration and Consultancy P: 0460 555 077 W: https://pircsa.com.au/ E: steve@pircsa.com.au
Solutions in Engineering
Quality Reports On Time, Every Time! P: 1300 136 036 W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com
CORE Consulting Engineers
Delivering 360° engineering solutions for strata P: 02 8961 3250 W: https://core.engineering/ E: admin@core.engineering
Mabi Services
Asbestos, Safety & Building Consultants P: 1300 762 295 W: https://www.mabi.com.au/ E: cinfo@mabi.com.au
Olive Tree Consulting Group
Solutions in Strata Compliance P: 0400 161 659 W: https://olivetreeconsultinggroup.com.au/ E: admin@olivetreeconsultinggroup.com.au
Leo & Associates Consulting Engineers Enhancing Structures, Empowering Futures P: 0452 205 727 W: https://laconsulting.com.au/ E: Leo@laconsulting.com.au
FORENSIC ENGINEERS
Expert Subsidence Engineer Reports P: 0403 434 092 W: https://www.forensic-engineers.com.au/ E: admin@forensic-engineers.com.au
Ostanes Engineering
We Engineer P: 0411 631 777 W: https://ostanes-engineering.com/ E: info@ostanes-engineering.com
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INSURANCE Strata Insurance Solutions
Advice You Can Trust P: 1300 554 165 W: https://www.stratainsurancesolutions.com.au/ E: info@stratainsurancesolutions.com.au
Strong Insurance
Fast & efficient strata insurance across Australia P: 1800 934 099 W: https://www.stronginsurance.com.au/strata-quote E: admin@stronginsurance.com.au
STRATA LAWYERS
Whitbread Insurance Brokers
Hynes Legal
CHU Underwriting Agencies Pty Ltd
Mahoneys
Empower Your Vision P: 1300 424 627 W: https://www.whitbread.com.au/ E: info@whitbread.com.au
Leading Lawyers. Living Strata. P: 07 3193 0500 W: https://hyneslegal.com.au/ E: frank.higginson@hyneslegal.com.au
Specialist Strata Insurance Underwriting Agency W: https://www.chu.com.au/ E: info_nsw@chu.com.au
Body Corporate Law & Dispute Resolution Experts P: 07 3007 3777 W: www.mahoneys.com.au/industries/bodies-corporate-strata/ E: info@mahoneys.com.au
Flex Insurance
Bugden Allen
Strata Community Insurance
Mathews Hunt Legal
Protection for your strata property. And you. P: 1300 724 678 W: https://www.stratacommunityinsure.com.au/ E: myenquiry@scinsure.com.au
BODY CORPORATE LAWYERS... EXCLUSIVELY P: 07 5555 8000 W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au
Driscoll Strata Consulting
Moray & Agnew Lawyers
Your Cover Your Choice P: 1300 201 021 W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au
Knowledge | Experience | Service P: 0402 342 034 W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au
Body Corporate Brokers
United, Protecting Communities W: https://bcb.com.au/ E: sarah.johnson@bcb.com.au
Australia’s leading strata law experts P: 02 9199 1055 W: https://www.bagl.com.au/ E: info@bagl.com.au
Legal strategies and solutions for our clients P: 03 9600 0877 W: https://www.moray.com.au/ E: https://www.moray.com.au/
Grace Lawyers
Know. Act. Resolve. P: 1300 144 436 W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au
Sure Insurance
Sure. Insurance, but Fair P: 1300 392 535 W: https://sure-insurance.com.au/strata-hq/ E: strata-quotes@sure-insurance.com.au
CRM Brokers
The smart insurance choice P: 1300 880 494 W: https://www.crmbrokers.com.au/strata-insurance/ E: crmstrata@crmbrokers.com.au
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SOFTWARE
EDUCATION & TRAINING
MiMOR
LookUpStrata
Stratabox
Strata Community Association
Connecting People – Creating Communities W: https://www.mimor.com.au/ E: info@mimor.com.au
Building Confidence P: 1300 651 506 W: https://stratabox.com.au/ E: contact@stratabox.com.au
Town Square
Productivity and Communications Platform for SMs. W: https://townsquare.au/ E: hello@townsquare.au
ResVu
Customer Service Software for Strata P: 0874778991 W: https://resvu.com.au/ E: enquiries@resvu.com.au
StrataMax
Streamlining strata P: 1800 656 368 W: https://www.stratamax.com/ E: info@stratamax.com
MYBOS
Building Management - Residential & FM Schemes P: 1300 912 386 W: https://www.mybos.com.au/ E: sam@mybos.com.au
Urbanise
Automate your workload to increase efficiency. P:1300 832 852 W: https://www.urbanise.com/ E: marketing@urbanise.com
onsite.fm
Australia’s #1 Strata Title Information Site. W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au
P: 02 9492 8200 W: https://www.strata.community/ E: admin@strata.community
Owners Corporation Network
The Independent Voice of Strata Owners W: https://ocn.org.au/ E: enquiries@ocn.org.au
Your Strata Property
Demystifying the legal complexities of apartments
W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au
ACCOUNTANTS Tinworth & Co
Chartered Accountant & Strata Auditors P: 0499 025 069 W: https://www.tinworthaccountants.com.au/ E: caren.chen@tinworth.com
Matthew Faulkner Accountancy
Strata Auditing specialists P: 0438 116 374 W: https://www.mattfaulkner.accountants/ E: matt@mattfaulkner.accountant
Astute Accounting Service We Serve You Better P: +61 2 8011 4797 W: https://astuteservice.com/ E: contact@astuteservice.com
Building Management Software P: 02 7227 8550 W: https://onsite.fm/ E: hello@onsite.fm
eVotters
The online voting solution P: 61 28011 4797 W: https://www.evotters.com/ E: support@evotters.com
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ELECTRICAL
CLOTHES LINES
Altogether Group
Lifestyle Clotheslines
Energy On Pty Ltd
PAINTING
Power.Water.Data P: 1300 803 803 W: https://altogethergroup.com.au/ E: eaustin@altogethergroup.com.au Providing utility network solutions P: 1300 323 263 W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au
ENM Solutions
Providing Solutions for Embedded Networks P: 1300 000 366 W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au
FIRE SERVICES Fire Matters
Fire Safety Compliance P: 07 3071 9088 W: https://firematters.com.au/ E: sbauer@firematters.com.au
Sunshine Coast Fire Compliance
Your building fire safety ~ our expertise P: 0448 196 402 W: https://www.scfc.net.au/ E: michelle@scfirecompliance.com.au
Clothesline and washing line supplier & installer P: 1300 798 779 W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au
Higgins Coatings Pty Ltd
Specialist painters in the strata industry W: https://www.higgins.com.au/ E: info@higgins.com.au
Rochele
Prompt & Professional
P: 1300 808 164 W: https://rochele.com.au/ E: jeremy@rochele.com.au
STRATA LOAN PROFESSIONALS Lannock Strata Finance Simplifying strata funding P: 1300 851 585 W: https://lannock.com.au/ E: strata@lannock.com.au
StrataLoans
The Experts in Strata Finance P: 1300 785 045 W: https://www.strata-loans.com/ E: info@strata-loans.com
SAFETY & SECURITY Pacific Security Group
Experts in electronic security since 2005 P: 1300 859 141 W: https://www.pacificsecurity.com.au/ E: operations@pacificsecurity.com.au
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SUSTAINABILITY
RECRUITMENT SERVICES
Humenergy
sharonbennie – Property Recruitment
Fair Water Meters
Essential Recruitment Solutions
People, Innovation and Value Sharing P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au Fair water - fair bills P: 1300324701 W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au
CONSULTING
Matching top talent with incredible businesses P: 0413 381 381 W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au Specialising in Strata recruitment P: 0448 319 770 W: https://www.essentialrecruitmentsolutions.com.au/ E: maddison@essentialrecruitmentsolutions.com
LIFTS & ELEVATORS
Strata Solve
ABN Lift Consultants
Tender Advisory
Innovative Lift Consulting Pty Ltd
Untangling strata problems P: 0419 805 898 W: https://stratasolve.com.au/ E: chris@stratasolve.com.au Tender Solutions: Consult. Procure. Support. P: 0435 893 670 W: https://www.tenderadvisory.com.au/ E: info@tenderadvisory.com.au
FACILITY MANAGEMENT LUNA
Building and Facilities Manager P: 1800 00 LUNA (5862) W: https://www.luna.management/ E: info@luna.management
BME Group
A team of friendly, open minded professionals P: 0468 659 100 W: https://www.abnlift.com/ E: andrew@abnlift.com Australia’s Vertical Transportation Consultants P: 0417 784 245 W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au
The Lift Consultancy
Trusted Specialised Advice P: 07 5509 0100 W: https://theliftc.com/ E: sidb@theliftc.com
DELIVERY & COLLECTION SERVICES Groundfloor™
Re-Defining the Standards of Building & Facilities P: 02 8283 7531 W: https://bmegroupbuildingmanagement.com.au/ E: lachlan.hunt@bmegroup.com.au
Australian parcel, mail, and refrigerated lockers P: 03 9982 4462 W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com
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WINDOWS & DOORS
ENERGY Arena Energy Consulting Pty Ltd
Independent Embedded Network Consulting Services P: 1300 987 147 W: https://www.arenaenergyconsulting.com.au/ E: info@arenaenergyconsulting.com.au
Embedded Network Arena
Independent Embedded Network Consulting Services P: 1300 987 147 W: https://embeddednetworkarena.com.au/ E: info@embeddednetworkarena.com.au
ANTENNAS Install My Antenna
Professional TV Antenna Service For You Today P: 1300 800 123 W: https://www.installmyantenna.com.au/ E: info@installmyantenna.com.au
Windowline Pty Ltd
Australia’s strata replacement window & door specialists
P: 02 8304 6400 W: https://windowline.com.au/ E: info@windowline.com.au
Clear Edge Frameless Glass
Energy Efficient Balconies for Elevated Living
W: https://www.clearedgeglass.com.au/ E: sales@clearedgeglass.com.au
Total Entrance Solutions
The total solution for all entry requirements P: 1300 781 851 W: https://www.totalentrancesolutions.com/ E: jason@totalentrancesolutions.com
VALUERS Asset Strata Valuers
Leaders in Strata Property Valuations P: 1800 679 787 W: https://assetstratavaluers.com.au/ E: workorders@assetstratavaluers.com.au
Adelaide StrataVal
Strata & Community Insurance Valuations P: 08 71112956 W: https://www.strataval.com.au/ E: valuations@strataval.com.au
Delphi Consultants & Valuers
Building Insurance Valuation Services P: 07 3852 6012 W: https://www.delphiproperty.com.au/insurance-valuation E: info@delphiproperty.com.au
Ensure Group – Property Valuers
Insurance Valuation Experts P: 03 9088 2032 W: https://www.ensuregroup.com.au/ E: valuations@ensuregroup.com.au
Sovereign Valuations
Valuation Experts for Strata Insurance & Disputes P: 1300 710 000 W: https://www.sovereignvaluations.com.au/ E: p.ferrier@sovereignvaluations.com.au
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