How can owners complain about the behaviour and actions of the committee?
Page 14 | Horizon Strata Management Group + Tisher Liner FC Law
Request for disability access told they “should have chosen a more appropriate place to live”
Page 22 | Grace Lawyers
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Can our self-managed strata get a commission rebate from the insurance broker?
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.
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To redeem this offer email a copy of your current policy schedule to Strata Insurance Solutions within 1 month of the publication of this magazine. Your policy can expire any time in the next 12 months. However we can only provide quotes 30 days prior to the expiry of your policyif your policy is not due now, we will schedule a quote at the appropriate time. To ensure we apply this offer to our quotes, please specifically mention you would like to redeem the "LookUpStrata Special Offer".
Are cost-plus agreements like giving the builder a blank cheque?
We engaged a builder to address concrete cancer on a standard costs-plus agreement. On the final invoice, the OC was not privy to how he came up with the costs. Did we write this builder a blank cheque?
We engaged a builder to address concrete cancer within a lot. The OC signed a standard costs-plus agreement from HIA. The OC were happy to pay costs and give the builder a profit, believing that the contract entitled them to see details of the builder’s costs, like timesheets and receipts for the materials. However, when the bill came, the builder provided a cubic measurement (litres) and a per-litre cost. The volume was about right, but the OC was not privy to how he came up with the costs.
When we challenged the bill and asked for more information, the builder refused and declared that this was industry standard. They would not provide actual figures for time and materials.
Did our building write this builder a blank cheque? When remediating concrete cancer, is there a better way to engage builders to keep them accountable and have a more transparent “costs plus” agreement?
This is very complex and difficult for owners unless the agreement is absolutely crystal clear.
Volume measurement for repairs is not ideal, particularly from an owner’s perspective. It’s extremely difficult to be able to determine how much was done. Experts have experience. Part of the issue here, is getting a very firm upfront and signed agreement with the builder to determine how the final price will be calculated.
I’m not a fan of volume measurement because, as a supervisor, I sometimes find it difficult to check, but there are strategies. We can have hold points in an inspection process where we indicate the builder can’t proceed past a point until something’s been addressed. The expert has the opportunity to look at the progress and potentially measure and understand how much volume has been used.
It’s about upfront transparency. An expert knows how to manage the process. It is very complex and difficult for owners to take on unless the agreement is absolutely crystal clear.
Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com
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Overcoming
limit of supply for EV charging in a 60s apartment block
Our 60s apartment block has an old switchboard. Even with solar grants, we can’t change the board’s capacity. How do we overcome the limit of supply so we can install EV chargers?
The switchboard in our 60s apartment block was installed in the 80s. We get anything from 40 amps to typically 60 amps per unit. It’s just not feasible to run a 32 amp level 2 EV charger. We’re stuck with 16 amp level 1 chargers. It is hugely expensive to upgrade the switchboard. Even if we get a solar for apartments grant, discounted batteries or free chargers, none of this helps if our switchboard can’t cope.
We also need a special vote to get the upgrade approved. What’s motivating owners to upgrade electricity switchboards? There’s no direct benefit. I’d like to know more about limit of supply. Better advocacy for this problem, plus government support, would be great.
In the case of extremely limited supply, we suggest a full power audit in advance to see how much ‘headroom’ you have.
You are right about the distribution board and main switch upgrades. They typically run anywhere from $3k-$10k to bring them up to current standards. It is definitely a larger cost but one that generally brings benefit and compliance to the whole building.
In the case of extremely limited supply, we suggest a full power audit in advance to see how much ‘headroom’ you have. Our experience is that there will still be room for several 10A GPOs, and even more when you load balance between them.
Charlie Richardson | NOX Energy charlie.richardson@noxenergy.com.au
High strata fees for a building with no amenities
We pay very high strata fees for a building without amenities. Our levy notices from our strata management company do not contain any details. What can owners do?
Owners in my owners corporation are charged very high strata fees for a building without amenities and poor security. Our levy notices do not contain any detail apart from a reference to special levies. Our strata management company literally does nothing.
Request information from your owners corporation managers.
Strata levies should reflect the costs associated with the maintenance and management of the common property. Properties differ significantly, so it is difficult to advise what is causing the levies or whether they are fair without seeing the financial report.
Accordingly, I recommend you make a records request to your owners corporation manager. As a member of the owners corporation, It is your right to view these records. Please see the below from Section 146 of the Owners Corporation Act 2006:
Section 146 – Availability of records
1. The owners corporation, on request by a lot owner, a mortgagee of a lot, a purchaser ofa lot or the representative of a lot owner or mortgagee or purchaser of a lot, must make the records of the owners corporation required to be kept under this Division available to that person for inspection at any reasonable time, free of charge.
2. The owners corporation must at the request of a person entitled to inspect the records and on payment of a reasonable fee provide a copy of any record of the owners corporation.
3. A fee determined by the owners corporation for the purposes of this section must not exceed the prescribed maximum fee.
I recommend you request the below from your owners corporation manager:
1. A copy of the financial report and budget
2. A copy of the minutes of any committee meeting.
3. A copy of any resolutions related to levies.
The above documents form records of the owners corporation that must be made available for inspection on request. Finally, I note it is best practice for your manager to provide a cover letter with any special levy explaining the charges. We suggest you raise this with the management company and ask them to provide explanations in future.
Alex Smale | Melbourne Owners Corporation Services alex@mocs.com.au
Staying Ahead in Strata: Why Compliance is More Critical Than Ever
As strata communities continue to grow and evolve, so too do the expectations placed on strata managers and owners' corporations to maintain high standards of safety, financial planning, and regulatory compliance. The push for greater transparency and accountability across the sector means proactive strata management is no longer a luxury it's a necessity. One key area of focus is long-term maintenance planning. More strata schemes are recogni sing the importance of robust Maintenance Plans, not only for budgeting purposes but also to future -proof their assets. Alongside this, regular safety inspections, insurance valuations, and asbestos management are becoming the norm to ensure both resident safety and legal peace of mind.
That’s where QIA Group comes in. Since 2005, we’ve provided tailored compliance solutions to strata properties across the country. From expertly prepared maintenance reports and asbestos audits to our clear and actionable safety reports, QIA Group helps clients navigate complex requirements with ease. Our reports are designed to be concise, practical, and instantly useful because we understand the realities of strata management. Don’t wait for issues to arise ensure your properties are compliant and future-ready today. Contact QIA Group to explore our full range of compliance services.
How can owners complain about the behaviour and actions of the committee?
How do owners complain about the behaviour and actions of the committee, particularly breaches of the Act?
How do owners complain about the behaviour and actions of the committee, in particular, breaches of the Owners Corporation Act 2006? We brought these matters up and were bullied by the chair. The grievance committee includes members of the owners corporation (OC) committee.
If you don’t believe the committee has handled your dispute correctly, there is a mechanism within the Act.
Joel: When the OC and grievance committees are effectively the same people, that’s tricky. If you don’t believe the committee has handled your dispute correctly, there is a mechanism within the Act. Owners can, with 25% lot owner support, call a special general meeting. Otherwise, it’s the legal path.
Philip: When you buy into a subdivision, you’re buying into one with many lot owners, and many OC decisions are by majority. If 51% vote one way, 49% may be unhappy about the decision, but it stands, provided it is in good faith and in accordance with the obligations of the OC. We have to distinguish between an owner complaining about a breach of the statutory duty or a failure to carry out the OC’s role (e.g., to repair and maintain common property) as opposed to just not liking a decision. I think many lot of owners end up at VCAT because they don’t like a decision. Your only option here is to employ a PR campaign to garner support and get the majority of votes, or you sell up. That sounds harsh, but sometimes that’s the downside of co-owning property. Sometimes you don’t get your way. If it’s a breach of statutory duty, that’s completely different, and you head to VCAT.
Joel Chamberlain | Horizon Strata Management Group joel.chamberlain@horizonstrata.com.au
Phillip Leaman | Tisher Liner FC Law ocenquiry@tlfc.com.au
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Initiating action quickly when faced with an urgent issue
What specific steps can a committee legally take to initiate action quickly when faced with an urgent issue, and what are the potential risks of using these expedited procedures instead of the standard process?
Get your fellow lot owners and committee members to take action and make decisions.
The body of the presentation provides the specific rules for each state. Take the most urgent circumstances, such as when there is literally a crane transporting pallets over your swimming pool. Generally, you should get the committee together to make a decision to commence proceedings and authorise the expenditure.
In advance of that meeting, contact as many lot owners as you can and invite them to attend. Involve as many people as possible. Engage the lawyers. With the assistance of your strata manager, get the ratification process going.
Show that you’ve acted in good faith, typically without negligence, and acting without negligence means getting legal advice as quickly as possible.
Get your fellow lot owners and committee members to take action and make decisions.
Michael Kleinschmidt | Bugden Allen michael.kleinschmidt@bagl.com.au
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Can an owner submit a motion to the AGM requesting that the committee comply with the Act?
The committee is not following the legislation. Can I put a motion before the AGM requesting that the committee comply with the legislation?
Our committee conducts most of its business in closed “informal” meetings with no minutes distributed to the wider owners corporation or lot owners. Serious matters do not see the light of day.
The committee is aware it is not following the legislation but chooses to ignore it. The original developers, as owners and owner/ occupiers, have two seats on the committee and heavily influence the committee’s actions. Only a third of lot owners vote or have any interest in the running of the building.
Can I put a motion before the AGM requesting that the committee comply with the legislation?
If the committee isn’t acting as it should, a complaint through the dispute resolution process is likely necessary.
Committee meeting minutes are not generally made available to owners by default, as they often contain sensitive or ongoing discussions that most owners are not privy to. Sharing these without context or understanding often invites criticism or questions, which take up time most parties don’t have.
A mechanism within the Act provides access to all committee and General Meeting minutes under Part 9 of the Owners Corporation Act 2006. These documents must be provided to a specified party upon reasonable request.
Putting a motion before the AGM to ensure the committee is compliant seems secondary to their obligations under the Act. In general, all members of an owners corporation are required to comply with the Act. The committee has additional obligations. Section 117 covers some of these. If the committee isn’t acting as it should, a complaint through Part 10 is likely necessary.
Joel Chamberlain | Horizon Strata Management Group joel.chamberlain@horizonstrata.com.au
A Refreshing Approach to Strata Management
Experienced and Professional Owners Corporation Managers in Melbourne
At Horizon Strata, we make sure the job gets done properly without all the fuss.
Owners Corporation management requires expert knowledge as well as forward logical thinking to allow residents to live harmoniously, and owners to have peace of mind.
Horizon takes great pride in operating under these principles. This allows us to provide premium and transparent management for any strata-titled property.
Together with the day to day running of your Owners Corporation we provide comprehensive services which support owners through some of the most difficult & complex projects.
We are experienced in handling:
• Combustible Cladding
• Building Defects
• Financial Management
• Insurance Matters
Horizon does not take commissions or rebates from any supplier or Insurance provider. Our buildings under management range from 20 to 400 Lots so you can be assured we have the capability to manage your Owners Corporation, no matter the size.
How to repair concrete cancer
What
are the different
ways to repair concrete cancer?
What are the different ways to repair concrete cancer? Are there options like polymer-modified repairs or electrochemical treatments besides the traditional method of removing and replacing damaged concrete?
It depends where the concrete cancer or spalling is appearing.
It really depends on where the concrete cancer or spalling is appearing. Cracks can be injected with epoxy for structural issues or polyurethane for waterproofing. It is still better to treat the cause of the issue by re-waterproofing it above the crack.
If the issue is spalling, the most common repair method is to grind out the affected concrete, treat the corroded reinforcement and rebuild using a specific mortar.
Sam Hogg | PASG Projects info@pasg.com.au
Request for disability access told they “should have chosen a more appropriate place to live”
If requested by an owner, is the owners corporation responsible for installing a disability auto door for access?
My husband and I are owner/occupiers in a 300+ unit building. My husband is bilaterally upper limb disabled (hands, wrists, fingers, forearms).
We have requested a self-opening door into our garage level. The owners corporation committee has denied the request, and we were told we “should have chosen a more appropriate location to live”. Is the owners corporation responsible for installing a disability auto door for access to the garage/vehicle?
Also, we are wondering who is responsible for our apartment door. Is this our or the owners corporation’s responsibility.
A lot owner requiring disability access improvements can approach the owners corporation with a request for reasonable adjustments.
A lot owner requiring disability access improvements, such as installation of an automatic door for access to the garage, can approach the owners corporation with a request for reasonable adjustments. The owners corporation is obligated to consider and, where reasonable, implement such modifications.
If the owners corporation refuses to fund or undertake the installation, the lot owner may propose to carry out the modifications at their own expense, subject to approval by the owners corporation. The owners corporation must not unreasonably refuse permission for such alterations. In Owners Corporation OC1-POS539033E v Black [2018] VSC 337, the Court established that owners corporations have a duty to
accommodate disability-related needs, either by making necessary adjustments themselves or by allowing lot owners to do so.
Responsibility for your apartment’s entry door depends on your plan of subdivision. If the door is inside your lot boundary, you are responsible for it. If it is on common property, the owners corporation is responsible, but they can recover the cost from you if the repair mainly benefits your lot.
Benefits of having an SCA Member as your Strata Manager
Choosing the right Strata Manager for your building is important If your Strata Manager is a member of the Strata Community Association (SCA), you will have someone who is professional, has expert knowledge and is dedicated to making sure your property is well managed
What sets an SCA member apart?
Expert Knowledge: SCA members undergo professional training and stay updated on the latest legislation governing strata communities
Code of Conduct: SCA members must adhere to a Code of Professional Conduct which outlines ethical standards, professional behaviour, and compliance requirements
Continuous Learning: SCA members are required to participate in a minimum of 6-12 hours per year of education and training to maintain their membership
Great Resources: SCA members have access to a large range of tools and resources prepared by the SCA These include guidelines on best practices and templates for different tasks
STRATA LAW FORUM 2025: A Landmark Day for Legal Leadership in Strata
Law Forum 2025 made history with over 300 attendees, the highest registration ever recorded for this annual event The forum brought together strata managers, legal professionals, and industry leaders for a full day of critical updates, in-depth case studies, and high-value networking With a thoughtfully curated lineup of expert speakers, the forum delivered not only exceptional content, but also real clarity on the evolving legal challenges and responsibilities facing Owners Corporations across Victoria From ethics and disputes to cladding, compliance and the Water Act, the sessions offered something for everyone whether you were a seasoned manager or a rising professional navigating strata’s complex regulatory environment.
Legal Clarity from the Industry’s
The day opened with a powerful presentation from Jenny Wang, Director at Berrigan Doube Lawyers, on Disputes in the Strata Sector Jenny tackled communication breakdowns, role confusion, and conflict escalation with practical, real-world insights Her session guided attendees through identifying the key players (“Who’s Who in the Zoo”) and explored viable alternatives to litigation
Next, Tim Graham, Partner at Chambers Russell Lawyers, demystified the Benefit Principle, a vital but often misunderstood concept in strata finance Tim clearly outlined how the principle differs from the traditional lot liability rule, offering case examples that highlighted its application in charging fees and recovering expenses His presentation gave managers the legal confidence to make equitable, compliant financial decisions
Before the break, Fabienne Loncar, Partner at Moray & Agnew, delved into Ethical Practices in strata governance She provided a timely breakdown of disclosure obligations under s122A(3), explained new written notice requirements, and discussed the real consequences of non-compliance under new rules commencing 1 July 2024 Fabienne’s clarity and legal rigour gave strata professionals a strong foundation to lift ethical standards across the board
Afternoon
Deep-Dives: From Building Notices to Water Rights
Mark Lipshutz of CLP Lawyers gave a robust update on Legal Changes and Key Cases, examining recent court decisions that have shaped the current operating environment His insights provided historical context and future direction, particularly useful for firms reviewing internal processes or advising complex owners corporation matters
Andrew Whitelaw, Director at Whitelaw Flynn Lawyers, who addressed Building Defects, Cladding, and Notices With construction quality and compliance issues top of mind, Andrew broke down the process of issuing and responding to notices and helped attendees navigate recent legislative shifts.
Phillip Leaman, Principal at Tisher Liner FC Law, followed with a wide-angle view of Legislative Changes and Case Law He explained key amendments affecting strata management and reviewed legal precedents that are informing best practice today
Closing the forum was Anton Block, Principal at KCL Law, who turned attention to the Water Act and its implications for Strata He explored rights, responsibilities, and dispute mechanisms relating to water governance Anton’s practical advice offered clear pathways for strata communities to remain both compliant and future-ready
Community, Connection, and the Path Forward
With a full day of expert content and a relaxed networking session to close, Law Forum 2025 achieved more than just education, it built community and inspired confidence Attendees left energised, informed, and ready to apply what they had learned
Looking for more?
For all the latest news, updates and events, head to our website www vic strata community and don’t forget to follow us on LinkedIn, Instagram and Facebook!
