Issuu

The QLD

STRATA MAGAZINE SEPTEMBER 2026

Can a body corporate committee delegate minor spending decisions to a single member? Page 4 | Tower Body Corporate

Who’s responsible for fences dividing courtyards and common property? Page 6 | Mahoneys

Do unfinancial owners still get a vote on improvements? Page 18 | Strata Solve

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 QLD 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 Can a body corporate committee delegate minor spending decisions to a single member? William Marquand, Tower Body Corporate

6 Who’s responsible for fences dividing courtyards and common property? Liam Boudin, Mahoneys

8 Must two quotes accompany an AGM insurance motion? Tyrone Shandiman, Strata Insurance Solutions

No waterproofing membrane on a balcony: Who is responsible? Holly Oddo, Mahoneys

What is the difference between a subcontractor and an employee? Frank Higginson, Redchip Strata Law

Do unfinancial owners still get a vote on improvements? Chris Irons, Strata Solve

Should fire-rated paint be used on fire doors? Stefan Bauer, Fire Matters

21 Fire safety compliance: Was your building compliant five minutes before the fire? Stefan Bauer, Fire Matters

12 Was our body corporate manager’s Form 35 disclosure enough? Michael Kleinschmidt, Bugden Allen

14 Does replacing keypad access need a general meeting vote?

22 Would a total loss payout follow equal lot entitlements? Zac Gleeson, GQS

24 The QLD LookUpStrata Directory

Jarad Maher, Grace Lawyers

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Can a body corporate committee delegate minor spending decisions to a single member? Can a QLD body corporate committee authorise the treasurer to approve minor expenses without a full committee vote? We have been advised by the BCCM team that all committee decisions, including expenditure, must be voted on either at a committee meeting or by a vote outside a committee meeting. Including an item of expenditure in a budget does not give authority to spend the money, and the legislation does not provide a delegation process to permit an individual committee member to make body corporate decisions on their own. The examples I used were common property electricity bills and the purchase of a light bulb. Holding a meeting or circulating a vote outside a committee meeting and waiting 21 days is not practical for expenses like these. Can an amount be delegated to the secretary and/ or treasurer by committee vote? If not, why not?

The legislation does not allow formal delegation of decisionmaking to an individual committee member, but in practice, committees routinely handle minor routine expenses informally and ratify them at the next meeting. The BCCM Office is right (unsurprisingly) that the legislation requires committee decisions to be made either in a committee meeting or by a vote outside a committee meeting (VOC). However, as with many things in body corporate law, the legislation sets parameters for how schemes can operate but does not set out methods of operation within those parameters. If committees had to hold a formal vote every time a light bulb needed replacing or an electricity bill needed paying, most schemes would grind to a halt. The practical balance is that committees 4 www.lookupstrata.com.au

routinely make decisions via email, phone, and informal conversations, and then ratify them after the fact at a committee meeting or a general meeting, if necessary. Provided committees are making decisions within their spending limits, the majority of sites find a comfortable balance that allows expenditure to be transparent while also facilitating the scheme to get on with day-today operations. Regarding delegation, the legislation does not provide a mechanism for the committee to delegate decision-making authority to an individual member formally. So a resolution saying “the treasurer can approve expenditure up to $500” may not have strict legal effect under the BCCM framework. That said, in practice, many committees do operate this way informally, with one or two members handling routine matters and the full committee ratifying those decisions later. It is not a formal delegation so much as a practical arrangement that gets confirmed through the ratification process. For genuinely routine and low-value expenses like electricity bills and light bulbs, the most practical approach is usually to let the relevant committee member or manager handle it, keep a clear record, and ratify at the next available opportunity. The right approach will vary depending on the size and culture of your scheme, so think through what is necessary at your site. Most commonly, you will see this in practice through the various invoice approval systems that are available. This is typically where the treasurer and possibly another committee member are approving invoices through an online system, and the body corporate manager handles the payment process. If your committee wants a more structured framework, it is worth considering passing a resolution that authorises expenditure up to a set amount for defined categories of routine maintenance. That won’t constitute a formal legal delegation, but it puts the committee’s intentions on record and gives whoever is actioning the expense a clear mandate to work from. William Marquand | Tower Body Corporate

willmarquand@towerbodycorporate.com.au READ MORE HERE

Who’s responsible for fences dividing courtyards and common property? Who is responsible for fences dividing courtyards and common property?

We live in a tower block that is classified as a building format plan. Units at the base of the building have courtyards. The courtyards are not classified as exclusive use, so the boundary of the lot is also the boundary of the courtyard. There is common property space on the other side of the courtyards. Who is responsible for the fences that divide the courtyards and the common property?

The body corporate and lot owner are jointly responsible, unless one party caused the deterioration. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (Act) regulates fence ownership and liability for fencing work. The Act provides that: 1. where a dividing fence is situated on the common boundary of adjoining lands, the owners for that land are each liable for the equal contribution of fencing work; and 6 www.lookupstrata.com.au

2. a n ‘owner’ is defined to mean: a. i f the land is a lot recorded in the freehold land register, the registered owner of the lot; and b. if the land is scheme land under the Body Corporate and Community Management Act 1997 (Qld), the body corporate. As the courtyard comprises part of the lot, the starting position is that the body corporate and the lot owner will each be jointly responsible for the dividing fence which separates the lot (i.e., courtyard) and the common property. However, if there is evidence that a party contributed to the deterioration of the dividing fence, the offending party may be liable to make a greater contribution towards the fencing works. Liam Boudin | Mahoneys lboudin@mahoneys.com.au READ MORE HERE

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Must two quotes accompany an AGM insurance motion?

Is the committee allowed to exceed the major spending limit for insurance, and if so, must two quotes be included with the notice of the AGM insurance motion? Is the committee allowed to exceed the major spending limit for the scheme when it comes to insurance, and if so, is it still required to obtain two quotes pursuant to section 163 of the Act (Accommodation Module)? If so, must the two quotes be included with the notice of the Annual General Meeting? Whilst it is settled that a committee can spend above the spending limit for the committee, there is no specific mention of insurance in section 163. It merely states that two quotations are required if a proposal’s cost exceeds the scheme’s major spending limit. Hence my question: must the committee include two quotes with the Annual General Meeting insurance motion? 8 www.lookupstrata.com.au

No, section 163’s quote requirement does not apply to insurance renewal motions. There is no requirement under section 163 for the committee to attach two quotes to an insurance motion at the AGM. Section 163 only applies where a general meeting motion proposes “the carrying out of work or the acquisition of personal property or services”, and the cost exceeds the major spending limit. Insurance renewal motions generally do not fall into this category. Insurance is dealt with separately under section 162, which sets out when the committee can authorise spending on insurance even if the cost is above the committee spending limit. This section expressly acknowledges that insurance is a different type of decision and doesn’t require quotes to be circulated with an AGM notice.

Likewise, section 164 doesn’t automatically apply to insurance, because insurance renewal is not treated as “work” or as the acquisition of personal property or services in the same way as ordinary spending proposals. It’s also worth noting that, unlike standard service procurements, insurance is a specialised market. There are situations, such as adverse claims histories, building defects, or very high sums insured, where only one insurer is willing or able to provide a quote, meaning it is not always possible for a committee to obtain two insurance quotes.

Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687. Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au READ MORE HERE

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata

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Was our body corporate manager’s Form 35 disclosure enough?

What disclosure is required if our body corporate manager partowns the company put forward for a new contract? They ticked “no commercial arrangement” on the Form 35. Our grounds maintenance contractor resigned, and the committee put out an EGM asking owners to vote on a replacement. The process wasn’t advertised, and only two companies were listed as options. An ASIC search revealed the cheaper option is half owned by our body corporate manager through a holding company. None of this was in the voting pack. A Form 35 appeared a week after the notice went out and only after I raised the matter. On the Form 35, they ticked “no commercial arrangement, commission or other benefit”, which is hard to swallow when you own 50% of the company. The committee responded that he disclosed to them during quoting (not in minutes) and did not evaluate the tenders, but their own minutes confirm he was asked to coordinate other bids. Additionally, no contract or terms were attached to the EGM vote, just price on a $100k contract. Should owners have been told of the manager’s ownership before the ballot, not just the committee? Is that Form 35 declaration defensible? Are owners entitled to proper contract documents before voting on something of this size?

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Ticking “no commercial arrangement” while owning half the tendering company is, at best, sterile compliance that may not satisfy fiduciary duties. It’s normal for a maintenance contract not to be ‘advertised’, but nothing else about your new contract is, or should be regarded as, normal… First, the body corporate manager (BCM) must give a written notice to the body corporate, before the EGM, disclosing the relationship between the BCM and the related maintenance company (Related Company); see section 154 of the Standard Module. Failure to do so is an offence, punishable by a fine of up to 20 penalty units ($3,338) for an individual and 5 times that amount for a company ($16,690). Handing over a Form 35 before the vote at the EGM is likely to satisfy the timing requirement, because the notice is sent before the EGM at which the decision was made. However, note that the Form 35 is given to the body corporate and not the owners, which in my view is a failing in the legislation, that ought to be remedied by the committee, acting in the best interests of the lot owners, circulating a copy of the Form 35 to all lot owners before the vote (and in enough time to be considered before votes are cast). A BCM who is being open, honest and forthright about their dealings would give the Form 35 to the body corporate ASAP once the quote from the Related Company is received. The BCM may well have done this… but the BCM obviously did not insist on the Form 35 going out with the voting pack, which is concerning in my view. Next, the BCM has to disclose whether under the new contract ‘or under another contract or arrangement’ the BCM is entitled to receive, other than from the body corporate ‘a commission, payment or other benefit that is associated with the’ new contract, including with entering into the new contract; see section 156 of the Standard Module. What the BCM has said by ticking ‘no commercial arrangement, commission or other benefit’ is what we in the legal profession call ‘sterile compliance’. In other words, it’s arguably a true statement if

the wording of the legislation is read narrowly, instead of being read to address the mischief that Parliament was trying to address with the legislation. It’s farcical to suggest that if you own half of the Related Company and you won’t receive at least ‘another benefit’ under an ‘arrangement’. For example and obviously, dividends on shares held in the Related Company arising from profits made on the new contract.

and sterile compliance is not enough to get a fiduciary off the hook. Disclosure has to be timely, meaningful and delivered to the right people. Otherwise, it won’t be effective. Further, sometimes disclosure cannot cure a breach of fiduciary duties, for example, when there is a conflict between the duties of the fiduciary (BCM) to their principal (body corporate) and the fiduciary’s own interests.

Finally, lot owners cannot make a sensible decision and thus a lawful and enforceable one, about entering into a contract if they don’t know what the contract is and what the contract’s terms are. This is probably the strongest ground for seeking to have the result of the vote on entering a new contract set aside.

In my view, BCMs should avoid these situations whenever possible. This sort of thing undermines public trust and confidence in BCMs and in the sector. Vertical integration may be a successful business strategy in other sectors, but in the strata management sector, vertical integration is so fraught with compliance, fiduciary and ethical issues that professional BCMs should avoid it altogether.

Compliance with section 154 and section 156 of the Standard Module will avoid prosecution under those sections, but it does not ‘cure all’. A lot of BCMs and lot owners don’t understand that there is a large body of law outside the Act and Modules that applies to these sorts of issues. It’s called the law of fiduciaries,

Michael Kleinschmidt | Bugden Allen michael.kleinschmidt@bagl.com.au READ MORE HERE

Does replacing keypad access need a general meeting vote? Was the committee within its authority to replace keypad access with fobs, or did this need a general meeting vote? Our complex is 160 houses under the accommodation module. The committee recently changed complex access from a keypad system to fobs, which now require a deposit and an application. Family members drop off and pick up my grandchildren, friends collect my wife for outings, and drop her off after work. None of these people will have a fob, so keypad access is the only practical option. There is also the safety issue and inconvenience of losing a fob at 2 am. The committee’s stated reason for the change is to prevent unauthorised parking, but this seems ineffective since tailgating will still occur regardless of whether access is by fob or keypad. Is this decision within the committee’s authority, or does it require a general meeting vote?

If the committee approved the new access system, there may be grounds to dispute it as a restricted issue. A body corporate (BC) is responsible for administering the common property and BC assets reasonably for the benefit of the owners of lots included in the scheme. That function naturally extends to implementing arrangements facilitating access to scheme land, and ensuring that appropriate security measures are in place to prevent or minimise unlawful access, including through the issuing and management of security keys, access codes and the like. However, what is reasonable and appropriate is not a ‘one size fits all’ for every scheme. The particular nature, features and characteristics of a scheme are important considerations in 14 www.lookupstrata.com.au

determining whether any security and access arrangements fairly balance the need for security and protection of scheme land from unlawful access with the needs of individual owners and occupiers to have practical and workable access arrangements which achieve a reasonable degree of convenience for themselves and their visitors, guests and invitees. Because of this required balancing exercise, adjudicators have reached different outcomes on matters involving disputes about access arrangements, including what constitutes a reasonable number of access cards or fobs that owners and occupiers should be entitled to. Of course, adjudicators rarely like arbitrary restrictions on anything (e.g. the number, type or size of animals that can be kept on a lot by an occupier, which the recent legislative amendments have now codified under section 169B of the BCCM Act). Not least because such arbitrary restrictions do not take into account the personal circumstances of particular owners or occupiers who may have differing needs based on their own unique characteristics. In the matter of Tank Tower [2016] QBCCMCmr 118, the adjudicator dismissed an application by a lot owner disputing the reasonableness of the BC’s decision removing the ability of owners and occupiers to access the building with an electronic keypad in favour of a key/ card/fob system. The applicant, who had a disability, argued that it was impractical for his carers not to access the building and his lot through the previously available keypad system. The adjudicator noted that the BC had offered the applicant to install a code-accessible lock box on the common property for storing key cards/fobs for his carers, and did not consider the slight inconvenience from this alternate arrangement outweighed the right of the BC to replace the keypad system with a key/fob controlled system (for security purposes).

On that basis, it might be considered doubtful that the matters of (in)convenience which forms the basis of your grievance with the new system would be sufficient for an adjudicator to determine the BC’s decision to be unreasonable, particularly where any such inconvenience can be wholly or largely mitigated through other means (e.g. making a sufficient number of fobs/access devices available to owners and occupiers). That said, as noted, each case will turn on its particular facts, and there is insufficient information to determine the likely outcome without a full review of the circumstances and tailored legal advice, including an assessment of the scheme’s by-laws. Regarding the level of approval required, there is certainly authority for the proposition that a decision to implement different access arrangements would be a restricted issue for the committee, on the basis that it changes the rights or privileges of the lot owners. Of course, there may be other restrictions, such as spending limitations, which also limit the ability of the committee to make such a decision

(e.g., if the new system required improvements to the common property beyond the basic improvements limit). Given it appears that only the committee has currently approved the new arrangements, there may be grounds to dispute the validity of that decision. However, the same decision might reasonably be made and adopted by owners at a general meeting, in which case the same arrangements might be lawfully implemented if a sufficient number of owners supported them. Again, however, whether the committee had the power to make the decision comes down to the specific circumstances of the matter, and specific advice should be obtained (rather than relying on general principles, or outcomes in other matters). Jarad Maher | Grace Lawyers jarad.maher@gracelawyers.com.au READ MORE HERE

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What is the difference between a subcontractor and an employee? What is the difference between an on-site manager subcontracting duties or having an employee? How should contracted workinghour limits work? Can you clarify the difference between “subcontracting” and having an employee? The Management Agreement includes: “The Manager may in his discretion subcontract part of his duties of the Manager hereunder provided however that any subcontract shall not diminish the obligations and responsibility of the Manager as herein contained.” Isn’t the usual concept that an on-site manager (OSM) will undertake most basic duties and tasks themselves, i.e. not delegate them to a third party or employee? Unfortunately, many employed personnel see their role as “a job” with no “pride in performance”. This creates, in essence, a situation where a “desk jockey” is in charge with almost all duties and tasks delegated. Is there any difference between a “subcontractor” and an “employee”? How do Management Agreements work when they limit the OSM’s working hours? The intention that an OSM will regularly inspect the building to check that, say, all common property lights are working, goes out the window. Any half decent OSM will likely embrace the need for a quick walk around, but unfortunately some can’t be bothered. They cite their contracted hours as a justification for not doing so.

Management rights agreements are contracts, not employment relationships, so who does the work and how many hours they work depends on what’s actually agreed. There are two issues here: 1. S ubcontracts, staffing, employees: management rights agreements are contracts, not employment agreements. The management entity is contracted to do the work required by the agreement for the remuneration stated. How they do that work and who does it is subject to the terms of the agreement itself. The clauses in this agreement are somewhat standard, stating that the manager can engage others to do the work at its cost, but it is still accountable for the performance of those so engaged. It’s not dissimilar to engaging a law firm. Someone might come to Redchip via me for advice, and while I might not do all of the work myself, our firm is responsible for delivering the agreedupon advice and standing by it. Who does the actual work is an internal matter for us. 2. H ours: each agreement can be different between hours and days of work. Again, managers are not employees, so aren’t covered by awards and the like for hours. If an agreement said they must be available 24/7, they have to be, but that would be a very rare agreement. There can be a big difference between ‘intention’ (and I would ask whose ‘intention’ do you mean) and what they are actually contracted to do. That’s one for proper legal advice, potentially referencing other less specific duties too. Frank Higginson | Redchip Strata Law FrankH@redchip.com.au READ MORE HERE

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Leaders through the strata maze. Visit strata.redchip.com.au/resources for the latest insights to support your strata community. Redchip Strata Law is the stratadedicated division of Redchip Lawyers. While we keep our eye on strata, we are backed by the wider commercial, property and litigation teams at Redchip.

07 3223 6100 strata@redchip.com.au

Do unfinancial owners still get a vote on improvements? Does a motion for a common property improvement require 100% owner approval, including unfinancial owners? For a motion to succeed to install an improvement (e.g. a $50k diesel power generator to overcome power blackouts), do 100% of owners, even those normally unable to vote because of not having paid their levies, need to approve? It seems to me that for an owner not to be financial they must be in financial strife, and hitting them with a proportion of a $50k improvement would be too much.

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Unfinancial owners must still pay their share, even for a significant common property improvement. Firstly, Qld’s strata legislation does not refer to an owner’s ability, or inability, to pay their levies. If the body corporate has to pay something, then it has to pay it, and that means all owners have to as well. There’s no hardship provisions in Qld’s strata legislation. If you are experiencing financial hardship, you might be able to discuss options for a payment plan with the body corporate, although that might not change the fact you’d still be considered ‘unfinancial’.

Secondly, there is a significant difference between maintenance and improvements. The body corporate is required to maintain common property, whereas an improvement may not be so black and white. You’ve referred to a generator to mitigate against blackouts. Regardless of whether that’s an improvement (which it sounds like it is), the better question to ask is how necessary this is? If blackouts are a common issue at your scheme, it might be extremely necessary. It might also be that several other owners think it’s a good idea. In strata, as in politics, whoever has the numbers will usually get what they want. Thirdly, if the proposal in question is, in your view, unnecessary (i.e., it’s an unreasonable decision of the body corporate) or doesn’t have a quote, or the meeting vote on it hasn’t been properly tallied, or if the meeting isn’t properly convened, then these may all be factors having an impact on the validity of the proposal and thus, your ability to challenge it in the Commissioner’s Office.

Fourthly, you’d also asked us about counting of votes for special resolutions. You’ll need to refer to your community management statement (CMS) for the contribution schedule lot entitlements that apply, which should then in turn help you do the calculations. Finally, you’ve asked for an example of a resolution without dissent. Maybe you mean the type of issue that would require one. Disposal of common property is typically one issue requiring resolution without dissent. At its most simple, a resolution without dissent fails when any 1 person votes ‘no’. Motions about spending wouldn’t typically be by resolution without dissent, because it’s a type of resolution reserved for the most serious, significant issues a scheme faces. This is general information only and not legal advice. Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE

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Should fire-rated paint be used on fire doors?

Should a fire-rated paint be used when repainting fire-rated doors? We’ve just had our apartment doors repainted. It looks like they just painted over the old paint, and I don’t think they used a fire-rated paint. Should a fire-rated paint be used when repainting fire-rated doors?

Repainting a fire door doesn’t affect its rating, provided key elements aren’t disturbed. Fire-rated apartment doors do not generally require a special fire-rated or fireproof paint when they are being repainted. The fire rating is normally provided by the construction and certification of the complete doorset, including the door leaf, frame, hardware, seals and installation, not by the decorative paint finish. Painting over the existing paint would not, by itself, make the door non-compliant. However, the painting work should not:

• • • • •

cover or obscure the fire-door identification tag; coat or interfere with any smoke or intumescent seals; obstruct hinges, locks, latches or the door closer; create excessive paint build-up around the edges of the door; or prevent the door from closing and latching properly.

Any specific painting or finishing requirements provided by the door manufacturer should also be followed. If the door is closing and latching correctly and the seals, hardware, identification tag and required clearances have not been affected, the use of ordinary decorative paint would not normally be a compliance concern. If there is any doubt, the door should be inspected by a suitably qualified fire-door technician as part of the building’s routine firedoor inspection. Stefan Bauer | Fire Matters sbauer@firematters.com.au READ MORE HERE

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Fire Safety Compliance

The most important question is not whether the paperwork can be found after the fire. It is: Can the body corporate demonstrate that the building was compliant five minutes before the fire occurred?

Was your building compliant five minutes before the fire?

Were defects recorded and rectified? Were fire doors operational? Were exits clear? Were maintenance records complete? Was the occupier statement properly supported? Had residents received the required evacuation information?

Every day in Australia, fires occur in homes, units and apartment buildings. The Productivity Commission reports thousands of accidental residential structure fires each year—and “residential” includes units, flats and apartments. The consequences can extend well beyond the unit where the fire started. Residents may be displaced, essential services isolated and neighbouring lots damaged by smoke, heat or firefighting water. Access may remain restricted while the building is made safe and investigations are completed. Once the emergency is over, attention quickly turns from what happened to was the building compliant before it happened.

Compliance cannot be recreated after an incident. The body corporate must be confident that its systems, records and procedures will withstand examination when it matters most. Stefan Bauer Fire Matters

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We prepare the Occupier’s Statement on your behalf, so you can sign with confidence knowing all the compliance boxes have been ticked.

Would a total loss payout follow equal lot entitlements? With equal lot entitlements, would the owner of the largest unit only receive 1/7 of insurance proceeds in a total loss? Our CMS lists all 7 units in our block as equal entitlement, so payment of the insurance premium is divided by 7. There is one unit in the complex that takes up 40% of the area and, based on recent sales, is worth more than 3 times any of the other units. If our scheme experienced total destruction, would each unit owner receive 1/7 of the insurance proceeds? Could the owner of the large unit end up with just a fraction of the price they paid for it, with everyone else benefiting? We would appreciate advice on whether lot entitlements can be adjusted to reflect the relative value of each lot better.

No one is automatically “entitled to 1/7” of an insurance payout. Distribution of insurance proceeds depends on whether the scheme rebuilds or terminates. In short, the body corporate insurance is held by the body corporate over the common property and buildings. In a total loss, the insurer pays the claim to the body corporate, not to individual owners. No one is automatically “entitled to 1/7”. What happens to that money depends on whether the scheme reinstates or terminates:

22 www.lookupstrata.com.au

• Typically they will rebuild: proceeds go to reinstating the buildings. Each owner effectively gets their unit reconstructed. Lot entitlements govern premium contribution, not distribution, so the large-unit owner isn’t disadvantaged, and their larger lot is rebuilt like-for-like. • If they take cash and terminate: this is where the lot entitlement question gets a little trickier. The answer I believe now splits two ways depending on the termination pathway. Under a traditional termination by resolution without dissent, proceeds would distribute based on the interest schedule lot entitlements. Equal entitlements would mean 1/7 each, and yes, the large-unit owner could receive well below their unit’s value. But under the newer economictermination route introduced in 2024 (75% support plus a termination plan), proceeds are allocated by relative market value of each lot, which protects the larger lot owner. As always, you are best to test this theory with your insurance broker regarding specific policy wording. In my opinion, the larger lot Owner is protected via the rebuild scenario, as well as the termination and cash-out scenario, due to the motion being without dissent or market value anyway. Zac Gleeson | GQS zac@gqs.com.au READ MORE HERE

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Your source of reliable Strata news and information since 2013 Providing detailed, practical, and easy to understand strata information to all Australians.

Articles & Q&As The Strata Magazine Webinars & Newsletters The LookUpStrata Directory

24 www.lookupstrata.com.au

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Category Category

INFORMATION

Category Education and resources for the strata community Category Category

Lookupstrata

Australia’s #1 Strata Title Information Site. https://www.lookupstrata.com.au/ administration@lookupstrata.com.au

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

Owners Corporation Network

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

Your Strata Property

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

Categrory Categrory

STRATA MANAGEMENT

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

Tower Body Corporate Your Best Decision

https://towerbodycorporate.com.au/ info@towerbodycorporate.com.au 07 5609 4924

Bright & Duggan

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

Vision Strata Services

Your local Strata Firm based on the Gold Coast QLD http://visionstrata.com.au/ info@visionstrata.com.au

Archers the Strata Professionals Strata Made Simple

https://abcm.com.au/ info@abcm.com.au

Northern Body Corporate Management

Specialist Body Corporate Management for North Queensland

https://www.nbcmqld.com/ nbcm@bigpond.net.au 07 4723 8217

Quantum United Management

Creating vibrant and connected communities https://www.quantumunited.com.au/ info@quantumunited.com.au 61 38360 8800

Categrory Categrory

COMMITTEE CONSULTING Categrory

IndependentCategrory advice and support for strata committees Categrory

Strata Solve

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

Tender Advisory

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

Categrory Categrory

STRATA LAWYERS

Categrory Legal advice and representation for strata matters Categrory Categrory

Redchip Strata Law Previously Hynes Legal

https://strata.redchip.com.au/ strata@redchip.com.au 07 3193 0500

Mahoneys

Body Corporate Law & Dispute Resolution Experts www.mahoneys.com.au/industries/bodies-corporate-strata/

info@mahoneys.com.au 07 3007 3777

Bugden Allen

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

Mathews Hunt Legal

BODY CORPORATE LAWYERS... EXCLUSIVELY https://mathewshuntlegal.com.au/ admin@mathewshuntlegal.com.au 07 5555 8000

Grace Lawyers Know. Act. Resolve.

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

Categrory Categrory

BUILDING ENGINEERS & INSPECTORS

Categrory Building inspections and engineering assessments Categrory Categrory

QIA Group

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

GQS

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

Seymour Consultants SC Seymour Consultants

STRATA COMPLIANCE REPORT SPECIALISTS

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

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

Palmer Acoustics

Specialist Acoustic & Audio Visual Engineering https://palmeracoustics.com/ ross@palmeracoustics.com

Leary & Partners

Quantity Surveying Services Since 1977 https://www.leary.com.au enquiries@leary.com.au 1800 808 991

BIV Reports

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

Pircsa Pty Ltd

Professional Insurance Restoration and Consultancy https://pircsa.com.au/ steve@pircsa.com.au 0460 555 077

Solutions in Engineering

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

Mabi Services

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

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

FORENSIC ENGINEERS

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

Categrory Categrory

STRATA REPORTS

Categrory Compliance and building condition reporting Categrory Categrory

Rawlinsons

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

PRINT YOUR DIRECTORY HERE

Categrory Categrory

INSURANCE

Categrory Insurance and brokering for strata schemes Categrory Categrory

Strata Insurance Solutions Advice You Can Trust

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

Sure Insurance

Sure. Insurance, but Fair https://sure-insurance.com.au/strata-hq/ strata-quotes@sure-insurance.com.au 1300 392 535

CHU Underwriting Agencies Pty Ltd

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

Flex Insurance

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

Strata Community Insurance

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

Driscoll Strata Consulting

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

Body Corporate Brokers

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

Whitbread Insurance Brokers Empower Your Vision

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

CRM Brokers

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

BAC Insurance Brokers

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

Cohabit Insurance

Risk intelligence for strata properties. https://www.cohabit.com.au/ thom@cohabit.com.au 0419 330 033

Categrory Categrory

ACCOUNTANTS

Categrory Categrory Categrory

Auditing and accounting services

Tinworth & Co

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

Matthew Faulkner Accountancy Strata Auditing specialists

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

Categrory Categrory

DEFECT REMEDIATION

Categrory Building defect repair and remediation Categrory Categrory

Building Rectification Services https://www.buildingrectification.com.au/ admin@buildingrectification.com.au 07 5539 3588

Altec Building

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

Building Experts Australia Pty Ltd Building Solutions

https://bexa.net.au/ bruceh@bexa.net.au 0475 454 350

Lennox Facades

Inspired by Design, Driven by Results https://www.lennoxfacades.com.au/ terry@lennoxfacades.com 0404 624 990

Categrory Categrory

PAINTING

Categrory Categrory Categrory

Painting and facade upgrades

Higgins Coatings Pty Ltd

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

Categrory Categrory

WINDOWS & DOORS

Categrory Window and door repair, replacement and compliance Categrory Categrory

Windowline [QLD] Pty Ltd

Australia’s strata replacement window & door specialists

http://windowlineqld.com.au/ admin@windowlineqld.com.au 07 5520 3894

Total Entrance Solutions

The total solution for all entry requirements https://www.totalentrancesolutions.com/ jason@totalentrancesolutions.com 1300 781 851

Categrory Categrory

ENERGY

Categrory Independent contract Categroryand embedded network advice Categrory

Embedded Network Arena

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

Arena Energy Consulting Pty Ltd

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

Strata Energy Services Simplifying energy for Strata

https://www.strataenergyservices.com.au/ daniellegibson@zembl.com.au 0408 228 675

Categrory

CategroryELECTRICAL Categrory Electrical maintenance and embedded network Categrory installation Categrory

Energy On Pty Ltd

Providing utility network solutions https://www.energyon.com.au/ EnergyServices@EnergyOn.com.au 1300 323 263

ENM Solutions

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

Integrated Trade Services

Electrical and Air Conditioning Specialists https://www.integratedtradeservices.com.au/ info@integratedtradeservices.com.au 0400 775 002

Categrory Categrory

SUSTAINABILITY

Categrory Categrory Categrory

Water, waste and sustainability solutions

Altogether Group Power.Water.Data

https://altogethergroup.com.au/ partnershipenquiries@altogethergroup.com.au 1300 803 803

Humenergy

People, Innovation and Value Sharing https://www.humenergy.com.au/ Info@humenergy.com.au 1300 322 622

Fair Water Meters Fair water - fair bills

https://fairwatermeters.com.au/ info@fairwatermeters.com.au 1300324701

Categrory Categrory

SAFETY & SECURITY

Categrory AccessCategrory control, CCTV and security systems Categrory

Pacific Security Group

Experts in electronic security since 2005 https://www.pacificsecurity.com.au/ operations@pacificsecurity.com.au 1300 859 141

Categrory Categrory

FACILITY MANAGEMENT

Categrory Building and facilities management Categrory Categrory

LUNA

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

BME Group

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

Categrory Categrory

LIFTS & ELEVATORS

Categrory LiftCategrory consulting and vertical transport Categrory

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

PRINT YOUR DIRECTORY HERE

Categrory Categrory

PARKING

Categrory Car stackers, Categroryhoists and turntables Categrory

VSPACE

Where Teams Work. End Users Win. https://www.vspaceparkers.com.au/ kirlos@vspaceparkers.com.au 0424 953 890

Categrory Categrory

ANTENNAS

Categrory TV antenna installation and service Categrory Categrory

Install My Antenna

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

Categrory Categrory

SOFTWARE

Categrory Digital tools for managing strata schemes Categrory Categrory

MiMOR

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

Stratabox

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

Town Square

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

ResVu

Customer Service Software for Strata https://resvu.com.au/ enquiries@resvu.com.au 08 74778991

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

Urbanise

Automate your workload to increase efficiency. https://www.urbanise.com/ marketing@urbanise.com 1300 832 852

onsite.fm

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

Serif.AI

AI managed with your judgement https://www.serif.ai/ kelly@heyserif.com

Categrory Categrory

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

Groundfloor™

Australian parcel, mail, and refrigerated lockers https://groundfloordelivery.com/ ask@groundfloordelivery.com 03 9982 4462

Categrory Categrory

RECRUITMENT SERVICES

Categrory Recruitment Categrory for the strata sector Categrory

Property Recruitment Partners People solutions for the Strata Sector

https://propertyrecruitmentpartners.com.au/ aaron@propertyrecruitmentpartners.com.au (02) 8313 5591 or 0431445676

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

Categrory Categrory

FIRE SERVICE

Categrory Fire safety, protection and compliance services Categrory Categrory

Fire Matters

Fire Safety Compliance https://firematters.com.au/ sbauer@firematters.com.au 07 3071 9088

PRINT YOUR DIRECTORY HERE

Categrory

Categrory WATER DAMAGE RESTORATION Categrory Categrory Categrory

Water, fire and mould restoration

Reztor Restoration

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

Categrory Categrory

STRATA LOAN PROFESSIONALS Categrory

Finance solutions for strata schemes Categrory Categrory

Lannock Strata Finance Simplifying strata funding

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

Firstrata Finance

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

StrataLoans

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

Categrory Categrory

VALUERS

Categrory Property valuations for strata schemes Categrory Categrory

Asset Strata Valuers

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

Delphi Consultants & Valuers

Building Insurance Valuation Services https://www.delphiproperty.com.au/insurance-valuation

info@delphiproperty.com.au 07 3852 6012

Category Category

ROOFING