Is notice required if we are not renewing with our strata manager?
Page 18 | Abode Strata
Boosting strata meeting participation
Page 20 | ESM Strata
Can the strata company charge lot owners for CCTV retrieval costs?
Page 22 | Empire Estate Agents
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.
Liza came on board in early 2020 to bring structure to LookUpStrata. She has a passion for processes, growth and education. This quickly resulted in the creation of The Strata Magazine released monthly in New South Wales and Queensland, and bi-monthly in Western Australia and Victoria. As of 2021, LookUpStrata now produce 33 state based online magazines a year.
Among other daily tasks, Liza is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.
Liza Jovicic Sales and Content Manager
Are QR codes the best option for trade access?
Jake Sharp, MiMOR
Why you might need more than an annual fire safety inspection
Bruce McKenzie, Sedgwick 12 The storied past of Realmark Strata’s latest management
Luke Downie, Realmark 14 Can I record strata meetings I attend online from my home?
Shane White, Strata Title Consult 16 Who decides on the opening and closing times of the complex’s security gates?
Courtney Butters-Kerr, B Strata 18 Is notice required if we are not renewing with our strata manager?
Jordan Dinga, Abode Strata 20 Boosting strata meeting participation
ESM Strata
22 Can the strata company charge lot owners for CCTV retrieval costs?
Jamie Horner, Empire Estate Agents 24 Can an owner insure against a large water damage claims excess?
Tyrone Shandiman, Strata Insurance Solutions 26 What if EV owners or visitors charge their vehicle in a common property power point?
Ross De Rango, Electric Vehicle Council
28 Can a volunteer strata manager be removed for bullying?
SVN Perth 30 Can the majority force a single owner to paint?
Marietta Metzger, magixstrata
32 Understanding Strata Plans in Western Australia
Strata Community Association (WA) 34 The WA LookUpStrata Directory
Thanks to our sponsors
Using personal contents insurance for damage to other lots
Due to rising premiums and higher excesses, should strata councils advise owners to use their personal contents insurance liability coverage if they cause damage to other lots?
Given the significant rise in strata premiums leading many strata companies to adopt much higher excesses, should strata councils advise owners to utilise the legal liability coverage within their personal contents insurance policies when owners are responsible for damage (such as water damage) to another person’s property? This would allow the affected party to be compensated.
Understanding key points in this context is crucial.
Legal liability coverage comes into play when an owner is deemed responsible for causing damage to another person’s property. It is crucial to understand key points in this context:
• Damage contained within the owner’s lot: If the damage is confined to the owner’s lot, a legal liability claim is not viable since one cannot pursue legal action against oneself for damages.
• Nature of water leaks: Insurance companies often classify water leaks as unforeseen incidents, especially when the lot owner had no prior knowledge of the leak’s potential or cause. In many cases, these leaks are attributed to unforeseen causes without any negligence on the part of the lot owner. Insurers may argue there was no foreseeable action the owner could have taken to mitigate the loss more effectively. Consequently, they may deny liability by asserting that the owner’s actions (or lack thereof) do not constitute negligence under common law principles.
• Lot owner as an insured party: Importantly, a lot owner is an insured party under the strata insurance policy, which grants them the right to make a claim. This aspect underscores the potential for seeking to claim through the strata insurance policy, rather than personal contents insurance, especially when it is challenging to meet the criteria for establishing a claim for legal liability under contents insurance.
This reality suggests that, in many cases, turning to personal contents insurance for coverage under legal liability may not be an option.
Mention this offer when requesting a quote from us, and we will provide a discount off our standard fee for service of $250 (GST Inc) for buildings with 10-25 lots or $500 (GST Inc) for buildings with more than 25 lots for the first year you insure with Strata Insurance Solutions.
To redeem this offer email a copy of your current policy schedule to Strata Insurance Solutions within 1 month of the publication of this magazine. Your policy can expire any time in the next 12 months. However we can only provide quotes 30 days prior to the expiry of your policyif your policy is not due now, we will schedule a quote at the appropriate time. To ensure we apply this offer to our quotes, please specifically mention you would like to redeem the "LookUpStrata Special Offer".
Take the test todaysee how much you can save.
Are QR codes the best option for trade access?
We use QR codes. Are there alternative access control systems for tradespeople attending a building?
Alternative access control systems are available.
Alternative access control systems are available, each with benefits:
• Digital key safes allow building managers to track when a key safe is opened, eliminating the need for tradespeople to scan a QR code.
• Digital fobs can be issued to tradespeople electronically for limited periods and provide a record of entry and exit times.
• Sign-in digital screens can be placed at the front desk and are a simple way for tradespeople to sign in and out. This system can improve compliance.
• Facial recognition allows tradespeople to access the building without a physical access control device.
Digital key safes and digital fobs offer greater control over access times, while sign-in screens and facial recognition provide a convenient and user-friendly experience. Ultimately, the best access control systems will depend on the specific needs of the building and its occupants.
Jake Sharp | MiMOR jake@mimor.com.au
Why you might need more than an annual fire safety inspection
Would fire safety defects be picked up in an annual fire safety inspection?
If you suspect problems, it would be beneficial to get an additional inspection done.
I encourage additional experts to inspect the property. Your routine fire inspections generally won’t cover things like hydrant clearances, obstructions, etc. These are items that fire safety inspectors potentially won’t be looking for. If you suspect problems, it would be beneficial to get an additional inspection done.
Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com
BUILDING CONSULTANCY
•Defect reports and forensic engineering
•Scope of works
• Dilapidation and risk surveys
• Dispute mediation and expert witness
•Contractor procurement and cost validation
• Construction management
•Capital works funds/maintenance plans
• Technology driven solutions (incl. AI)
•Façade assessments T
RE PAIR SOLUTIONS
• Emergency make safe
• Fire water damage restoration
• Leak detection
• Contamination response
• Building repairs
• Cost validation services
• Technology driven solutions (incl. AI)
The storied past of Realmark Strata’s latest management.
Lawson Apartments is one of those rare properties that carry a sense of history and character not often found in modern developments.
Constructed in 1937 as part of a significant architectural movement in Perth, this elevenstorey landmark has stood as a testament to both the city’s growth and its enduring elegance.
Now under the expert management of Realmark Strata, the legacy of this building continues with the support of a team that understands both the complexities and the significance of a property like this.
Originally known as Lawson Flats, the building was commissioned by the Colonial Mutual Life Assurance Society and designed by prominent architects Hennessy, Hennessy & Co. in collaboration with Reginald Summerhayes.
At the time, it was among the tallest structures in Perth and represented a new era of multiresidential living.
Its Inter-War Commercial Palazzo design, coupled with Spanish Mission and Art Deco influences, set it apart in both grandeur and prestige.
Over the years, its residents and tenants have ranged from private club members to wartime government operations, each adding to its storied past.
Managing a property of this scale and significance requires more than just routine oversight - it demands a deep understanding of heritage
structures, a proactive approach to maintenance, and a seamless integration of modern strata management solutions.
Realmark Strata brings extensive expertise to the table, ensuring that the needs of owners, residents, and stakeholders are met with precision and care.
Luke Downie, Head of Strata and Business Development at Realmark Strata, highlights the importance of a tailored approach in a building like Lawson Apartments.
“A property with this level of heritage and architectural significance comes with unique considerations,” he says.
“Our role is to preserve its integrity while ensuring efficient, modern management that supports both the residents and the longevity of the building.”
“It’s about striking that perfect balance between respect for the past and readiness for the future.”
Strata management is about more than compliance and upkeep; it’s about creating a well-functioning, harmonious environment for all involved.
At Lawson Apartments, this means maintaining its grand façade and intricate design elements while ensuring day-to-day operations - from financial oversight to maintenance coordinationrun seamlessly.
With Realmark Strata at the helm, the building’s legacy is in capable hands, supported by a team that understands the nuances of managing not just properties, but communities with history, prestige, and character.
If I attend an online strata meeting from home, can I make a recording of the meeting as a record of the discussion?
I attend strata meetings online, and I find that our minutes are always incorrect. If I attend general meetings from my private home, can I make a recording of the meeting as a reference of the discussion? This is the only way I know exactly what was said during the meeting.
t would be your choice to make your own recording for your personal records.
There is nothing stopping you from making your own recording. As you have indicated that you are attending via an online hookup, in most, if not all, instances, the strata management would or should record all meetings.
It would be your personal choice to make your own recording for your personal records.
Shane White | Strata Title Consult
shane.white@stratatitleconsult.com.au
Managing the Strata Maintenance Backlog: How to Stay Ahead in 2025
As strata properties continue to age, the pressure to address maintenance backlogs is growing in 2025. With the increasing cost of materials, labour shortages, and a growing list of maintenance tasks, many strata communities are finding it more difficult to stay on top of repairs and upgrades. The emphasis on preventative maintenance for strata properties has never been more vital.
Whilst reactive maintenance is often seen as the default approach, a comprehensive plan can save significant time, money, and stress in the long term, ensuring that critical repairs are completed before they become major issues.
A strong preventative maintenance plan is a must -have for Strata Managers looking to streamline operations and maintain standards over time, building a reputation of reliability and care.
We specialise in developing customised Building Maintenance Assessment reports for Strata Managers, helping to reduce backlogs and prevent costly emergencies. Contact us today to discuss how we can support your strata management needs with expert services tailored to meet the demands of 2025 and beyond.
Who decides on the opening and closing times of the complex’s security gates?
Our strata complex has security gates. Can one resident dictate the opening and closing times of the complex’s security gates, or does this require the agreement of all owners?
A single resident cannot decide when the gate should open or close.
Because the security gate is part of the common property, it’s owned collectively by all owners. Under the Strata Titles Act, the strata company (or its elected council) manages common property for everyone’s benefit. Therefore, a single resident cannot decide when the gate should opened or closed.
Any changes to the gate’s timing must be approved by the council of owners (or, if there is no council, then by all owners). Unless a bylaw or agreement grants one resident the right to set gate times, decisions about the gate must be made by the strata company and its council in the interests of all owners.
Courtney
Butters-Kerr | B Strata operations@bstratawa.com.au
Is notice required if we are not renewing with our strata manager?
Is advance notice of nonrenewal required when a strata contract lacks rollover or termination clauses?
Our strata management contract does not include a rollover provision or specific termination clauses. Is the strata company legally required to provide advance notice to the strata management company of its intent not to renew upon the contract’s expiration?
No. There is no obligation on the strata company unless the strata manager writes to you prior to the notice period offering you the option to renew or end. It doesn’t matter if there is a rollover clause either way.
We believe the automatic renewal of the contract beyond its original end date, without clear and explicit prior notification, may constitute an unfair term under the Australian Consumer Law (ACL). Recent reforms detailed by ASIC (Unfair Contract Terms Reforms) strengthen protections against unfair contract terms where there are no reciprocal rights in standard form agreements.
Jordan Dinga | Abode Strata abode@abodestrata.com.au
Boosting Strata Meeting Participation
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F O S T E R A S E N S E O F C O M M U N I T Y
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t o k n o w e a c h o t h e r i n a s o c i a l a n d r e l a x e d s e t t i n g . T h e n b u i l d o f f t h e s e e v e n t s t o h o l d m o r e
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C O U N C I L C O M M U N I C A T I O N
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A D J U S T M E E T I N G T I M E S T O S U I T M O S T
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Can the strata company charge lot owners for CCTV retrieval costs?
Our strata company notified residents after car break-ins, stating that CCTV footage retrieval costs would be passed onto owners. Is this reasonable?
Owner’s items were stolen from our parking bay area. The council of owners, via the strata manager, notified all owners of the incident and reminded them not to keep valuables in the car park area.
The notification also states that “any associated costs (such as retrieval of CCTV footage) will be passed onto the responsible lot owner in such cases –even if the request has been made from the WA Police”. Is this allowed and/or reasonable?
Reviewing and downloading footage is an expense, and the scheme can pass these costs onto those requesting the footage.
A strata scheme must understand that there are Privacy Laws regarding accessing CCTV and how the data is retrieved and disseminated. If a scheme has CCTV, the footage should be accessed via a licensed contractor and, ideally, a company/individual with a security license and provisions. Reviewing and downloading footage is an expense, and the scheme can pass these costs onto those requesting the footage. For example, an overnight vehicle break-in can require multiple hours of footage to be reviewed and then downloaded, which the scheme is not required to cover regarding costs.
Any person requesting footage should complete a form with as much detail as possible, including police report numbers, and be willing to pay the costs of access and retrieval.
WA Police do not pay for footage. Therefore, the strata company may request the party pay the cost for retrieval. In addition, the scheme may allow the police to attend and access the footage themselves.
Can an owner insure against a large water damage claims excess?
Our strata insurance policy carries a claims excess of $10,000 for water damage claims. Can an owner insure against this excess?
My unit is within a relatively large single tier strata complex. Because of the claims history, the strata insurance policy carries a claims excess of $10,000 for water damage claims (including storm damage). This is an exceedingly high excess for a unit owner to face if they have to lodge a claim. Is insurance of the claims excess on a strata insurance policy available for an individual unit owner?
There are no excess buydown options in the strata space for claims like this.
Unfortunately there are no excess buydown options in the strata space for claims such as this.
In this instance, the best thing you can do is proactive maintenance of your property to prevent insurance claims. This includes roof maintenance, checking flexi hoses for signs of wear, maintaining shower recesses, and addressing any specific issues impacting water damage.
This should be encouraged across the entire complex to reduce claims history and put the owners in a better negotiating position to reduce the excess.
What if EV owners or visitors charge their vehicle in a common property power point?
Can an EV owner or visitors charge their vehicle in a GPO in their own garage, which is part of the communal electricity costs, meaning everyone pays for their EV charging?
‘Fair’ looks like making sure that the non-EV drivers in the building aren’t picking up the tab for the energy going into one resident’s car.
EV owners across the country routinely charge from a general purpose outlet (GPO) in their garage or driveway. It’s very common practice, especially for drivers who typically drive less than ~150km per day. This is fine, provided they’re the ones paying the bill for the electricity. This is almost always the case in standalone homes and will often be the case in strata settings like townhouses and units, but is not always the case in apartment blocks. They sometimes have private garages supplied by common property power.
In that case, ‘fair’ looks like making sure that the non-EV drivers in the building aren’t picking up the tab for the energy going into one resident’s car.
There’s a spread of ways to achieve this, inclusive of, but not limited to:
• Shared EV chargers in buildings can be installed with software over the top, so the driver pays with their credit card. The software operator then kicks back the majority of the money paid by the driver to the body corporate, minus a percentage to cover their operating costs.
• Sub-metering can be installed in individual garages or allocated parking spaces to measure the energy used for EV charging by a specific resident. The measured value can be used as the basis for cost recovery by the strata company, subject to suitable by-laws. Regulations around sub-billing and embedded networks vary by jurisdiction. Plenty of specialist providers can assist you.
• If you’re looking for a really simple approach as a starting place, without installing anything – take the odometer reading from the car and multiply the kilometres travelled by 4.2 cents to determine ‘reasonable value for the electricity’. The ATO has some guidance along these lines, which wasn’t designed for this specific purpose, but which will work, subject to a suitable by-law in the building: PCG 2023/D1 – Electric vehicle home charging rate – calculating electricity costs when a vehicle is charged at an employee’s or individual’s home
In any of the above cases, it’s a good idea to encourage drivers not to charge their cars at peak time. Peak time EV charging will tend to drive up the common property bill (due to capacity charges associated with peak power draw). It will potentially bring forward the need for electrical upgrades.
Setting the car to charge off-peak is easy for the driver to do, it just needs to be encouraged.
Ross De Rango | Electric Vehicle Council Ross@evc.org.au
Looking for a Trusted and Professional Strata Manager?
Can a volunteer strata manager be removed for bullying?
Q Can a non-lot-owning volunteer strata manager be removed for bullying and abusive behaviour?
As a new lot owner in a ten-lot over 55s strata, I’ve witnessed a non-lot-owning volunteer strata manager (VSM) consistently bullying and controlling elderly residents during meetings.
The VSM also sent me an abusive letter regarding my concerns about the state of the common property. Does this pattern of bullying and abusive behaviour provide sufficient grounds to remove the VSM?
A volunteer strata manager must be an owner of a lot in the scheme.
Under the Strata Titles Act 1985, Part 1, Section 3 (Defined Terms), the following applies:
• A volunteer strata manager is defined as:
• A strata manager of a strata company who is the owner of a lot in the strata titles scheme; and
• A person who does not receive any fee, reward, or benefit for work performed as a strata manager, except for an honorary fee or reward not exceeding the amount fixed by the regulations; and
• A person who personally performs the work of the strata manager.
Based on this definition, a volunteer strata manager must be an owner of a lot in the scheme. If your VSM is not a lot owner, they are not authorised under the Act to serve in this capacity.
Recommended Actions:
1. Formal notice:
A formal notice should be issued to the volunteer strata manager advising them to step down immediately as they do not meet the eligibility requirements under the Act.
2. Interim measures:
If there is a validly elected council of owners (COO) in place, the COO may convene a meeting to:
• Appoint an interim or permanent volunteer strata manager who is a lot owner; and/or
• Seek quotes for professional strata management services if agreed upon by the council.
3. Extraordinary General Meeting (EGM):
Following these actions, the COO may call an EGM of all owners to:
• Resolve to adjust the strata scheme budget to include an expense for professional strata management, if necessary.
• Resolve to authorise the COO to sign contracts on behalf of the strata company.
• Discuss and vote on proceeding with a professional strata management service if this is the preferred approach.
These steps will ensure compliance with the Act and help address concerns about the current management while fostering a better environment for all residents.
SVN Perth info@svnperth.com.au
Can the majority force a single owner to paint?
Our four villa strata complex has no common walls. The owners agree to the required painting of the exteriors. One owner does not. Can the majority force the remaining owner to paint?
We have a four-villa strata complex with no common walls. The two front villas are singlestorey 3 x 2’s with attached double garages, and the two back villas are two-storey 4 x 2.5’s with attached double garages.
The villas were built in 2000 and are cementrendered. They require painting. Three owners want to paint the exterior of their villas and the common areas. One of the owners does not want to paint their villa. Can the majority of owners force the remaining owner to paint their lot?
The decision to order the owner to attend to the necessary maintenance, including repainting, can only be enforced through the tribunal.
We are not privy to the strata plan of this 4-lot scheme. Hence, we are not in a position to advise whether the boundaries of the lots/ units are in ownership or common property. We are also not privy to the bylaws of the strata scheme.
If the individual owner owns the building due to Schedule 2A, Section 3AB of the Strata Titles Act 1985 as amended 2018, the strata company is not in a position to expend strata company funds towards private property. However, if the property of the one owner is not being maintained and kept in a state of good condition under the standard governance bylaws Schedule 1 Bylaw 1 (b), the decision
to order the owner to attend to the necessary maintenance including repainting can only be enforced through the tribunal.
We suggest the strata company seeks legal advice on this matter to pursue this further.
This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.
Strata plans in Western Australia can seem complex, but they play a crucial role in property ownership and management If you ' ve ever wondered how apartment buildings, townhouses, and mixed-use developments are legally structured, you ' ve come to the right place Let’s break it down in a way that makes sense.
What
is
a Strata Plan?
A strata plan is a legal document that lays out the boundaries of individual lots and shared spaces in a strata-titled property It ensures that owners know exactly what belongs to them and what’s considered common property.
When you own a strata you own your lot or unit, however you also co-own the common sections of the property with the other owners. hen lot the sections
When you own a strata you own your lot or unit, however you also co-own the common sections of the property with the other owners.
This means you are responsible to ensure these are insured, maintained and repaired
admin.wa@strata.community
A strata plan is a useful tool to help you identify what you own both solely and jointly with the other owners To ensure you have the full picture be sure to reference your schemes by-laws as well as your strata plan
The Legal Backbone: Strata Titles Act 1985
The Strata Titles Act 1985 is the key legislation that governs strata schemes in WA. It was created to establish rules around property subdivision and ownership within a strata community. Over the years, amendments have been made to ensure the Act keeps up with modern developments.
Before 1966, things were largely unregulated, there were no clear boundaries, and properties were owned under a system called Tenants in Common (Purple Title) This meant that multiple people could own a property without clearly defined sections
The introduction of strata titles in 1966 changed everything by allowing for individual ownership of defined lots within a shared property.
Types of Strata Plans
When you buy into a strata scheme, your lot could fall into one of two categories:
Built Strata Plans:
show buildings and land on the strata plan Lot boundaries are cubic spaces referenced to a building and defined by lot boundary provisions in the Strata Titles Act 1985 Surveyor’s notes on the plan may vary these boundaries Any area not within a lot is considered common property
Survey-Strata Plans: are similar to traditional land subdivisions In these plans, the land and any buildings within the lot are considered the whole of the lot, with boundaries defined by surveyed land measurements rather than being referenced to the buildings Shared areas designated as common property are labelled as CP on the plan.
Understanding Boundaries
One of the most important aspects of a strata plan is boundary definition Boundaries determine where private ownership ends and common property begins. Laws defining property boundaries have changed drastically over the years so your strata plan is an important document to reference to ensure you are aware of your particular boundaries
The Role of Landgate
If you need a copy of your strata plan or want to check out the by-laws for a property, you can order them through Landgate, WA’s official titles and property information service While Landgate can provide you with these documents they will not provide interpretations, if you need help interpreting your strata plan or understanding your properties boundaries it is best to seek legal advice. You can search for strata plans online at: Landgate Property Search.
Final Thoughts
Strata plans are essential for ensuring that strata properties run smoothly. Whether you ’ re buying an apartment, investing in a townhouse, or managing a strata property, understanding how strata plans work will help you navigate ownership rights and responsibilities with confidence. If you ’ re ever unsure, checking with Landgate or a strata specialist is always a smart move!