The VIC Strata Magazine | May 2024

The VIC STRATA MAGAZINE

MAY 2024

Our project manager has never inspected the site

Page 6 | Sedgwick

Is the owners corporation responsible for maintaining and repairing common external walls?

Page 16 | Tisher Liner FC Law

The developer wanted to lease the solar to a third party

Page 24 | Arena Energy Consulting

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.

Disclaimer:

www.lookupstrata.com.au www.lookupstrata.com.au

Liza Jovicic Sales and Content Manager

Navigating Water Ingress in Strata Properties

Water ingress, or penetrating damp is an insidious problem that can infiltrate buildings through various pathways, including faulty waterproofing, plumbing leaks, and external breaches.

Known as the ‘silent intruder’ it is a pervasive issue, often going unnoticed until damage has occurred. The immediate and long-term damages of water ingress are diverse, ranging from structural compromise to health issues arising from mould and fungal decay. In our experience, the silent nature of water ingress exacerbates these issues, as prolonged exposure often leads to more severe damage.

Strata communities face unique financial and logistical challenges in addressing water ingress. Legislation varies across Australia.

For example, the Design and Building Practitioners Act (DBPA) which was introduced into NSW in 2021 mandates that waterproofing consultants be DBPA approved, adding a layer of complexity and protection to the management and rectification of water ingress issues. In other states water proofers must be certified by the relevant building authority and sign-off by a licenced plumber may be required.

Further adding to the complications you already face, the recent La Niña events have caused a backlog and delays in addressing water ingress. With weather experts such as Australia’s Bureau of Meteorology predicting that Australia is heading for another La Niña weather event, we can expect these existing water ingress issues to be exacerbated as well as increasing the rectification backlog.

The tendency for Owner Corporations to procrastinate over carrying out remediation works can play out particularly badly in cases of water ingress, where delay often leads to increased damages and higher eventual costs. This emphasises the importance of informed financial planning in managing an Owner Corporation’s obligation to repair and maintain the property.

Identifying and Addressing Water Ingress

Identifying signs of water ingress early is crucial. As is acting quickly to address the issues. Delays inevitably result in increased costs. Look for damp patches, staining or damage to exterior façades and concrete, mould growth, peeling paintwork and musty smells. Preventive measures and treatments are available, but expert advice should be sought.

Waterproofing

Issues – Quick

Fixes

vs a Whole Building Permanent Fix Approach

Waterproofing issues are not uncommon and can cost hundreds of thousands of dollars, even in smaller strata schemes. Quick fixes versus permanent repairs are a critical consideration. Taking a whole-building view is essential for long-term solutions, as discussed in Lannock Strata Finance’s recent webinar with LookUp Strata on ‘Bang for your buck in capital works’.

WHAT DO OWNER CORPORATIONS NEED TO CONSIDER?

Lannock Strata Finance has also prepared a list below that will help you. It is not definitive, but we hope it will help shape your approach to this insidious issue and assist your ultimate decision-making.

Leak Detection Tests

Waterproofing consultants perform leak detection tests to replicate water travelling from external sources to the interior of the building. This allows them to identify the source and extent of the issue and determine the necessary repairs. Understandably, owners often do not grasp the scope and impact of water ingress until they see the results of these tests or photo and video reports.

The Unseen Damage

The ‘silent intruder’ often leaves behind damaged, aging, or insufficiently tarped areas that are typically revealed through photo reports. Owners may be unaware of these issues until they are visually presented with the evidence.

Selecting Contractors and Consultants

The importance of moving quickly, conducting inspections and understanding how they support you throughout the project are key to selecting the right contractor or consultant for water ingress rectification. We have found it beneficial to select a contractor or expert who can provide support at your general meetings. Having an ‘expert in the room’ can help owners better understand what the risks are, and what options are available to them. At a practical level it will also relieve pressure on any individual owner, by enabling a fuller discussion at an OC’s general meeting - rather than having messages and questions being passed between consultants, contractors, and committee members to be fed through to owners.

Your state-based strata body or Owners Corporations organisation is always a good starting point if you need advice as to whom to turn.

Financial Solutions for Rectification Works

Lannock Strata Finance provides flexible funding solutions to alleviate the financial burden on strata communities facing water ingress issues. These options allow for rectification works to be carried out immediately, avoiding the risk of further damage caused by delay, whilst smoothing the cost impost on owners of having to fund the full costs of repair upfront.

Certification and legislation

The introduction of the DBPA has significantly impacted the management and rectification of water ingress issues in strata in NSW. Waterproofing consultants now need to be licenced for works over $5,000, ensuring a higher standard of accountability and quality in waterproofing services.

La Niña’s Impact

The recurring La Niña weather events have led to a backlog in addressing water ingress issues. The potential recurrence of La Niña, as predicted by weather experts, could lead to persistent wet conditions, further exacerbating existing water ingress issues.

Understanding water ingress and the financial solutions offered by Lannock is essential for strata communities. Readers are encouraged to reach out to Lannock for consultation on funding options for their water ingress issues.

Speak with our strata finance specialists today to see how Lannock’s funding facilities can provide peace of mind.

Josh Klemm Business Development Manager Victoria P 0400 006 988

E joshua@lannock.com.au W www.lannock.com.au

Our project manager has never inspected the site

The project manager employed by our committee to oversee the repairs of lot bathrooms has never been on site. Is it usual for a project manager to rely on information provided by the committee?

Our committee employed a project manager to oversee the repairs of lot bathrooms. The project manager has never been on site, and there’s just so much misinformation from different committee members that it’s becoming unworkable. Is it usual for a project manager to never inspect the site and simply rely on information provided by the committee?

In simple terms, no.

Bruce McKenzie

In simple terms, no. It’s not usual. It would come back to the terms of the project manager’s engagement and understanding of the agreement. Were they expected to come to the site, or perhaps it was what we call a light touch arrangement, where they were only assisting at a high level?

Ordinarily, any project manager should go to the site. It’s the definition: the project manager is managing the project hands-on, on the ground, and making sure things are right.

You could contact the project manager to clarify whether this is driven by their understanding of the original agreement.

Edwina Feilen:

If you’re not getting the service, you shouldn’t pay those fees until you actually get that service. One key aspect of a tendering or project management process is that every time a fee is submitted for payment from a contractor, we need to ensure that the fee for service is for works that have been completed or provided. In this instance, maybe get a second opinion.

Edwina Feilen & Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com

READ MORE HERE

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Who pays for repairs if the owners corporation does not want an owner to make an insurance claim?

Q A

If the council prefers owners not to make insurance claims to prevent future premium increases, is the owners corporation liable for repair costs?

Owners have an insurable interest in the strata insurance policy and are entitled to make a claim for valid insurable damage.

When dealing with situations where the committee might prefer that an owner does not file an insurance claim to avoid potential increases in future premiums, it’s essential to understand the following considerations:

• Right to Claim: A owners corporation cannot prevent an owner from making an insurance claim. Owners have an insurable interest in the strata insurance policy and are entitled to make a claim for valid insurable damage. If an owner decides to proceed with a claim, they have the right to contact the insurer directly to assert their claim, independent of the council’s preferences.

• Owners corporation’s Financial Responsibility:

The question of whether the owners corporation is able to cover the costs of damage instead of making a claim is complex. Generally, the owners corporation’s responsibility to pay for repairs within individual lots is determined by the governing legislation and the specific by-laws of the

owners corporation. There are legal and regulatory boundaries that dictate what a owners corporation can spend funds on and this is usually associated with maintenance of common property. If the legislation or the owners corporation’s by-laws do not explicitly require the owners corporation to cover these costs, or if the owners corporation is not otherwise legally liable for the repairs, then it may not be appropriate or even legal for the owners corporation to pay for damages that a lot owner is responsible for.

In this instance, it is recommended the owners corporation seek advice from their strata manager based on the specific circumstances of the claim before deciding the most appropriate action to proceed with.

Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au

READ MORE HERE

WHS obligations to comply - at the AGM and beyond

At the AGM each year, you need to help educate everyone. Have a motion acknowledging that all parties have a duty of care to the owners, the occupiers, the contractors and visitors attending the scheme. Make people aware that they have that obligation.

I suggest you have a motion where you progress a safety report on a fairly regular basis. If nothing’s really changed around the scheme, do you have to get one done every year? Probably not. But if anything changes on-site, it might be worth getting another safety report.

Owners should discuss items of concern for minuting that should be actioned immediately following the AGM. I’m not saying they shouldn’t immediately raise a safety issue

if they do identify it. It’s also very important that there’s a motion where the scheme adopts or tables every report they’ve had commissioned throughout the year because the obligations extend to the owner when they bring a contractor into their unit. Owners need those reports, eg an asbestos report or a risk with the safety fuses in the electrical box. As a minimum, I think every scheme should be doing that.

Scott Bellerby | B Strata scott.bellerby@bstratawa.com.au

The Victoria Civil and Administrative Tribunal (VCAT) just handed down its judgment dismissing a lot owners request to have a key to a common property stairwell that did not access the applicant’s lot. Phillip Leaman of Tisher Liner FC Law acted for the successful Owners Corporation respondent in this case.

What is the case and what was it about?

The case is Smith v Owners Corporation Plan No. RP002839 (Owners Corporations) [2024] VCAT 447. The proceeding concerns an eight lot subdivision in St Kilda. There are two buildings side by side (but do not have a connecting walkway), each with a stairwell which is locked. Stairwell A services lots 1 and 2 and Stairwell B services the other lots. The applicant, Mr Smith wanted a key to Stairwell A but was not the owner or occupier of lot 1 or 2. The OC made several resolutions to restrict the distribution of keys. The first was by postal ballot which VCAT determined was invalid due to a procedure irregularity and the second and third resolution was by the duly elected committee passing an ordinary resolution on the OC’s behalf. The resolution was:

“It was resolved that the Owners Corporation will only give keys accessing a stairwell door to:

a. Owners or occupiers of lots that are serviced by that relevant stairwell;

b. Contractors and managers of (a) the Owners Corporation or (b) relevant lot owners/occupiers of the lots in the relevant stairwells; in order to perform their services; or

c. As otherwise approved by the Owners Corporation for any reasonable and lawful reason.”

What did the Applicant argue?

The Applicant contended that the second and third resolutions were invalid as they:

1. were granting a lease/licence to lot owners and was invalid as no special resolution had been voted upon;

2. alternatively, were creating additional rules that were not rules passed by a special resolution or registered with Land Victoria;

3. resulted in a significant alteration of the use of common property and no special resolution had been passed.

What did the Owners Corporation argue?

The Stairwells had always been locked, the Owners Corporation argued that the OC had the power to restrict the distribution of keys in a similar way that other OCs’ lock off lifts that allow a lot owner to only access their particular floor. The OC said that it provided no exclusive right of occupation to any lot owner to use the stairwell foyers (which had been inappropriately used by some for storage of bikes and other things).

What did VCAT decide?

The Tribunal found that the effect of the resolutions is to provide a process to kee p private property off common property areas, unless with the permission from the OC and to allow more safety and security on the site. The Tribunal said that the committee’s ordinary resolutions to be ‘a functional process that has now been put in place, that allows this small residential complex, affected by an OC, to operate more harmoniously ’. The Tribunal did not agree with the Applicant that it conferred any rights of exclusive occupation to any lot owner and was not a lease or licence or a formal owners corporation rule. The Tribunal confirmed that the resolution did not provide for a significant alteration to common property but was rather ‘a code of conduct via valid ordinary committee resolutions that accords with section 4 of the Owners Corporations Act 2006 in respect of the OC managing and administering the common property areas being stairwells A and B’

What do we learn from the decision?

An owners corporation has the power to administer and manager its own common property. Providing that they exercise that power appropriately and evenly to all lot owners, they can restrict access to certain common property areas where there is no need for a lot owner to have access. Another example could be a storeroom used by the OC’s caretaker. Lot owners do not have unfettered access to every part of common property just because they are a lot owner.

This power is further reinforced by Model Rule 4.1 (7) which allows an owners corporation to impose reasonable conditions on a lot owner’s right or an occupier’s right to access or use common property to protect the quiet enjoyment, safety and security of other lot owners, including but not limited to imposing operating hours on facilities such as gyms and pools.

If you require formal legal advice or assistance with a dispute, please contact Phillip Leaman, Principal, Owners Corporation Team for assistance or advice. They assist owners corporations in drafting resolutions, providing governance advice, assisting with disputes and drafting owners corporation rules that are customised to the needs of the owners corporation and can provide fixed fee quotations.

Our Blog

Tisher Liner FC Law has extensive material on its website including a dedicated blog for those involved with Owners Corporations. To sign up to the blog, send an email to ocenquiry@tlfc.com.au with the subject “Sign me up to the blog”.

To see their other resources for Owners Corporations check out www.tlfc.com.au

Disclaimer: This article is not intended to, nor should it be relied on as a substitute for legal or other professional advice. It is a general commentary not to be relied upon without specific instructions to us and advice to you. Your needs and situation are unique, and each may yield different results.

Phillip

Leaman Principal

Tisher Liner FC Law

Email: pleaman@tlfc.com.au

Phone: +613 8600 9314

When not to ‘ let it go’…

There are times when the words from the hit movie Frozen are appropriate however, not in the case of Building Maintenance.

Failure to adopt an approach or standard to Building Maintenance leads to inaction, resulting in cycles of reactive maintenance repairs & additional financial costs due to a lack of preventative maintenance being undertaken.

QIA Group provides independent Building Maintenance Assessment Reports which includes:

✓ On-site visual inspection

✓ Report (incl. photos) of identified maintenance required from general wear & tear & more serious & potential defect issues

✓ Recommendations including priority ranking

Building Maintenance Assessment Reports

Capital Works Fund Plans (NSW)

Maintenance Plans (VIC, WA)

Sinking Fund Plans (ACT, QLD, NT, SA, TAS)

Common Property Safety Reports

Fire Safety Audits

Fire Evacuation Training

Fire Evacuation Plans & Diagrams

Insurance Valuations

Asbestos Inspections & Reports

STRATA COMPLIANCE REPORTS THAT ARE EASY TO UNDERSTAND

Compliance Made Easy

Strata compliance is complex but it doesn’t have to be confusing. QIA Group was started by a Strata Manager with the aim of simplifying the compliance process, so that it's easier for both Property Owners and Strata Managers to understand and achieve.

Who We Are

We are a team of industry professionals with expertise across property inspections, maintenance planning, insurance valuations, fire, safety and risk assessment.

Our key staff have many years experience working in the Strata industry, as well as first-hand experience as owners, chairmen, or committee members of strata properties, so we understand strata as owners, managers and industry professionals.

Saving You Time & Money

By simplifying the compliance process, we can help reduce the time, hassle and cost of complying with strata regulations, and by being in compliance, we can help you maximise the value of your property, save money and avoid unexpected levies.

Quick Facts

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Pricing Policy

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See Price Lists for Service Guarantees and Pricing Policy details

Is the owners corporation

responsible for maintaining and repairing common external walls?

An external wall in our building has deteriorated, causing water ingress. Is the owners corporation responsible for maintaining and repairing common external walls?

The external walls and facade on one side of the units in our owners corporation have suffered from years of neglect and are now rotting and causing water ingress. The damage affects approximately 20% of lots due to the design of the complex. Different units have different levels of exposure (and different finishes) and likely slightly varying remediation/ rectification requirements.

The owners corporation has been aware of the issue for years. Over the past two years, the committee argued that responsibility for managing repair and costs lies with individual lot owners. Is the owners corporation responsible for maintaining and repairing common external walls?

Whether the owners corporation is required to maintain and repair the external walls will depend on whether it is common property or private lot property.

Whether the owners corporation is required to maintain and repair the external walls will depend on whether it is common property or private lot property. If you are unsure you should obtain advice on the interpretation of the plan of subdivision. If the walls are common property, the owners corporation has the legal obligation under section 46 of the Owners Corporations Act 2006. The obligation lies with the lot owners if they are private lot property. Notwithstanding, the owners corporation may be liable under section 46. It will need to determine whether it should strike levies to pay for the works under the benefit principle or according to lot liability.

If the owners corporation refuses to maintain and repair common property, lot owners should consider changing to a committee that will take action or, failing majority support, seek appropriate orders from VCAT.

Phillip Leaman | Tisher Liner FC Law ocenquiry@tlfc.com.au

Do we have to wait until the AGM to elect a chair?

We have an OC manager but no chairperson, executive positions, or committee. Can I elect a chair? Do I call a special meeting of the owners to elect a chairperson, or wait until the AGM?

I’m a new owner in an 8-year-old 4-unit strata complex. We have an OC manager but no chairperson, executive positions, or committee. A new management contract has not been signed since 2020. The AGM was in January. The OC manager doesn’t seem very helpful or even trustworthy.

Can I elect a chair? If so, how? Do I call a special meeting of the owners to elect a chairperson, or do we have to wait until the AGM?

If you have 25% or more of lot entitlements, contact the OC manager and request a special general meeting.

Section 74 of the Owners Corporations Act 2006 stipulates that a lot owner with at least 25% of lot entitlements can convene a special general meeting.

You would have received a copy of the plan of subdivision when you purchased your property. This plan details the lot entitlement schedule, and it’s possible that each lot might not even have a 25% entitlement.

If you have 25% or more, contact the OC manager and request a special general meeting. If you have less than 25% of lot entitlement, you could ask one of your neighbours (assuming they are owner occupiers) to support your request. In this scenario, you could email your OC manager and cc the other owner, advising them to support your request to call the meeting.

In your email to the OC manager, you should explain to them what agenda items you would like added, which would include something like ‘To appoint a chairperson of the owners corporation’.

The OC manager should comply with your request. If they don’t or are making things difficult, you could contact a strata professional, like a strata consultant, for assistance.

Callum Wilson | The Strata Shepherd info@thestratashepherd.com.au

READ MORE HERE

Have inflation fluctuations caused more cases of over or underinsurance?

AQBecause of recent inflation fluctuations, should committees arrange insurance valuations more regularly instead of waiting the typical five years? How have market fluctuations affected the insured amount? Could we see more than usual cases of over or underinsurance?

Yes they should be arranging more regularly than the 5 years due to the recent construction market fluctuations.

We’re recommending annual updates at the moment due to construction market fluctuations which have been significant since the pandemic. It’s really important to have a valuation done more regularly and at the moment, five years is way too long. It’s an added expense, but it’s better than being underinsured by a significant percentage.

Inflation within the construction market directly affects the building sum insured / insurance valuation for a strata property. Media has drawn

attention to 20% annual increases which have been relevant in some areas, this however is not applicable to all areas. On the other side of the coin some properties have been inflating their building sum insured / insurance valuation amount by the 20% per annum seen in the media which may not be relevant to their area, or property, resulting in significant overinsurance as well.

We can bring your sum insured back in line with what’s actually happening in the market for your property, not just based on the insurer’s automatic indexation. Prior to the pandemic the insurer’s automatic indexation was typically too high, but generally since the pandemic it has been too low and it cannot be relied upon. Also, what is the basis of the number that the insurer is automatically indexing? Is it correct, current and relevant to your property?

An independent valuation for your property rather than being based on what has been read or seen in the media is key, especially at the moment in a rapidly moving market.

Zac Gleeson | GQS zac@gqs.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.

Poor Management Plagues New Building Owners

Our builder appointed an unhelpful OCM. Levies have not been sent, maintenance has been neglected, and AGM has been delayed. Can owners who haven't received levies still vote, and how can we improve the situation?

Our builder appointed an owners corporation manager (OCM). The OCM doesn't seem very co-operative. Owners moved into the building mid 2022. We have to contact the OCM to send our annual levies. Maintenance isn't carried out, and our first AGM with the lot owners has finally been scheduled, only after one owner kept following up.

As owners did not received their annual levies prior to the AGM, are owners unfinancial for purposes of voting. Aside from seeking another OCM once the existing agreement ends, what remedies do owners have?

Victoria's lack of industry regulation makes it very difficult to hold owners and corporation managers accountable for their actions.

This sounds like an unacceptable situation that no ownership group should have to find itself in.

The unfortunately reality is that the legislation and lack of industry regulation in Victoria makes it very difficult to hold owners corporation managers accountable for their actions. Terminating the manager sounds as though it'll be your best and only recourse.

If the owner corporation manager is a member of the Strata Community Association (SCA), you could lodge a complaint with them (SCA Complaint Management Form) to see if they will help address your concerns.

Regarding your financial status for the meeting: to be considered unfinancial for voting at the meeting, an owner must have been issued a levy notice and failed to pay by the due date. If the annual levies have not been distributed, then owners haven't been given the required opportunity to pay and thus would be considered financial (subject to payment of previous levies).

I suggest contacting a strata consultant, as they can talk you through your options to get the best outcome from the meeting.

Callum Wilson | The Strata Shepherd info@thestratashepherd.com.au

READ MORE HERE

The strata management expert guiding owners corporations towards better outcomes. SERVICES

OUR STORY

Every year, tens of thousands of strata management contracts are signed in Victoria, with millions of apartment owners putting their trust in strata management companies to manage their valuable assets

Owners corporations often find it difficult to elicit change when their strata manager isn’t meeting their expectations, which is why we have developed a range of services to help them hold their strata manager accountable for their performance.

By rewarding compliant and highperforming strata managers, consumers will be better protected and overall service standards in the industry will improve.

WHY CHOOSE US

We guarantee better outcomes for your owners corporation, whether that be through financial benefits, improved customer service, or stronger contract terms.

STRATA MANAGEMENT BROKERAGE

Looking for a new manager? Let us take care of the process for you, for free. We will connect you with the best strata managers in Victoria, who must agree contractually to our unique customer service KPI’s.

COMPLIANCE REVIEW

Strata management is a complicated profession. Engage us to review your key documents and report on whether your strata manager is fulfilling their obligations.

CONTRACT NEGOTIATION

Industry-standard contracts provide little protection to the consumer for poor customer service. We know the levers that can be pulled to generate more favourable terms for your owners corporation

The developer wanted to lease the solar to a third party

Our new building settled a few years ago. At the IGM, the developer wanted to lease the solar to a third party, but these contracts still need to be signed. How long does the notice of intent at the IGM remain in place?

I am on the management committee of an owners corporation (OC). The new property was settled in June 2022. The developers and builder are still finalising construction contracts and completing defects.

At the IGM in May 2022, the developer mentioned they were considering entering into an agreement to lease the solar to a third party, and the OC would agree to sign the contracts. These contracts still need to be signed.

Given settlement was over a year ago, does this IGM item still carry weight?

Presumably, the OC owns the solar, and the developer no longer has the right to lease it out on our behalf.

Is there precedent for how long the notice of intent at the IGM remains in place? Surely, it can’t be open-ended.

Is the solar part of common property and owned by the OC?

From a strata perspective, I see the OC may need to consider:

• Is the solar part of common property and owned by the OC?

• Is the solar owned by the third party wanting to lease the common property?

• Does the developer have any ongoing ownership relationship in the development, i.e. is the solar owned by the property developer?

• Will the OC get any benefits from the leased common property?

• What is the leasing term?

• Can the lease be terminated?

From an energy perspective, I see the OC may need to consider:

• In addition to the ownership of the asset queries above and leasing benefits:

• Who owns the solar generation and benefits from that?

• Is the solar generation being fed into the common area energy needs?

• If the OC is not benefiting, is the solar generation being exported to the grid?

• Who is receiving the revenue for solar exports?

• Is the solar associated with a Power Purchase Agreement for the OC or other parties?

• Is the solar part of an embedded network.

• If yes, who is the operator?

• What is their contractual arrangement?

• What is the contractual term?

• Will the OC ever own the solar assets & generation?

• Is the solar being fed into the Parent Meter of the Common Area Child Meter/s?

Regarding the question, “Is there precedent for how long the notice of intent at the IGM remains in place?”

• One would need to unpick the agreements behind the solar assets, ownership, leasing arrangements and solar generation benefits.

• A strata lawyer/specialist may be best suited to answer the query about the precedent for how long the notice of intent can be in place.

• Regarding the energy aspects (solar asset, energy generation and ownership), we could assist with that.

Joseph Arena | Arena Energy Consulting joseph@arenaenergyconsulting.com.au

Benefits of your Strata Manager being an SCA Member

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 managed well.

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 Conduct which entails obligations in regard to trasparency and ethical behaviour.

Continuous Learning: SCA members are required to participate in a minium 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 created by the SCA. These include guidelines on best practices and templates for different tasks.

SCA (Vic) Advocacy Update

SCA (Vic) has been busy on the advocacy front, engaging with government departments and agencies to gain traction on the big ideas and key issues within the strata sector.

Earlier this year, we made our pre-Budget submission to the Victorian Government which highlighted major areas of reform for the sector including – encouraging the government to establish an office of Strata Commissioner, creating a Victorian Strata Helpline to provide information and advice to consumers, as well as various initiatives to help promote sustainability in strata.

In April, SCA (Vic) met with the Office of the Minister for Consumer Affairs to promote our advocacy agenda and discuss recent developments within the sector with a view to driving future reforms.

More recently, SCA (Vic) made a submission to the Department of Transport and Planning regarding the consultation on Continuous Professional Development for Builders and Plumbers. We advocated in favour of CPD for builders and plumbers based on the experiences of our members and associate members, and we are also vocal in our support of the co-regulation model for the strata management industry as a pathway to professionalism.

Upcoming Training & Events

High Life Expo ‘24

Date: 1st June, 10:00am - 4:00pm

Cost: Free

Location: RACV City Club, 501 Bourke St, Naarm / Melbourne

We are beyond excited to be co-hosting the 2024 High Life Expo with Let Me Be Frank

The Expo will showcase sustainability and resilience solutions tailored for apartments, apartment buildings, and units.

Choose the topics that interest you most in the Seminar Program and Supplier Showcase:

EVs and charging • Electrification • Energy efficiency • Solar and renewable energy • Apartment living for renters • Thermal comfort at home • Better waste and recycling • Building community in apartment buildings • Double glazing solutions • Planting for cooling • And lots more!

Register: https://www.highlifeexpo.au/

Practical Preparation for Dispute Resolutions in Strata

Date: 7th June, 9:30am - 11:30am

Cost: $99 members

$198 non-members

Location: City of Melbourne Bowls Club, Dudley St, West Melbourne

CPD: 2

Strata Managers and Assistant Strata Managers: Are you ready to enhance your conflict resolution skills and adeptly manage disputes within your community?

Join SCA (Vic) for an in-person workshop on ‘Practical Preparation for Dispute Resolutions, presented by Jenny Wang (Berrigan Doube Lawyers) and Carole Anderson (Lighthouse Consulting).

Register : https://www.trybooking.com/CRKEX

Committee Training for Strata Managers

Date: 13th June, 8:30am - 11:30am

Cost: $66 members

$132 non-members

Location: Online via Zoom

CPD: 3

This Strata Committee Training course focuses on good governance and how it helps strata committees achieve compliance with the strata legislation and meet expectations of the stakeholders. During this session we will highlight what is a legal obligation vs. optional or suggestion.

Register : https://www.trybooking.com/CPJJA

Committee Training for Committee MembersFREE TRAINING!

Date/Time: 12th June, 5:30pm-8:30pm

This course focuses on good governance and how it helps strata committees achieve compliance with strata legislation and meet expectations of the stakeholders. Whether you are taking up the responsibilities of a committee member for the first time or you are an experienced committee member, there is always something you can do to improve your knowledge and the governance of your strata community.

Register: https://www.trybooking.com/CPJYB

Protocols for Mitigating Cladding Risk and the Minister’s Guideline 15

Date: 19th June, 10:00am - 11:00am

Cost: Free

Location: Online via Zoom

CPD: 1

Join us for a one-hour webinar hosted by Cladding Safety Victoria (CSV). This session will focus on the Protocols for Mitigating Cladding Risk (PMCR) and what the Minister’s Guideline 15 (MG-15) means for owners corporation managers and building owners dealing with combustible cladding in Victoria.

Register : https://www.trybooking.com/CRPKB

Mini Golf Networking Event

Date: 20th June, 6:00pm - 8:30pm

Cost: $60 members

Location: Holey Moley Melbourne, 590 Little Bourke Street, CBD Melbourne

Join SCA (Vic) at Holey Moley Melbourne for a night of fun and networking with industry peers.

Unleash your inner golfer and join in on a laid-back round of mini golf. While we’ll have a friendly competition going on, feel free to join in or simply enjoy the game at your own pace. It’s a great opportunity to unwind and connect with others in a casual setting

Holey Moley Melbourne is located at 590 Little Bourke St, Melbourne. Your ticket to the event will include a drink on arrival, pizza and 9 holes of mini golf.

Register : https://www.trybooking.com/CQYSG

Interpreting Plans of Subdivision in Strata Management

Date: 21st June, 11:00am - 12:30pm

Cost: $66 members

$132 non-members

Location: Online via Zoom CPD: 1.5

Andrew Whitelaw, Director, Whitelaw Flynn Lawyers, will focus on the essentials of interpreting plans of subdivision and defining boundaries within strata schemes, crucial for effective strata management.

Register : https://www.trybooking.com/CRALE

SOFTWARE

Mimor

Connecting People – Creating Communities

P: 0414 228 644

W: https://www.mimor.com.au/ E: info@mimor.com.au

Stratabox

Building Confidence

P: 1300 651 506

W: https://stratabox.com.au/ E: contact@stratabox.com.au

ResVu

Customer Service Software for Strata

P: 08 7477 8991

W: https://resvu.com.au/ E: enquiries@resvu.com.au

StrataMax

Streamlining strata

P: 1800 656 368

W: https://www.stratamax.com/ E: info@stratamax.com

MYBOS

Building Management - Residential & FM Schemes

P: 1300 912 386

W: https://www.mybos.com.au/ E: sam@mybos.com.au

StrataVault

Connecting people, processes, and applications

P: 1300 082 858

W: http://www.stratavaults.com/

E: team@thestratavault.com

Urbanise

Automate your workload to increase efficiency.

P: 1300 832 852

W: https://www.urbanise.com/ E: marketing@urbanise.com

Onsite Building Management Software

Modern and user friendly BMS

P: 0490 091 887

W: https://onsite.fm

E: hello@onsite.fm

Stratafy

Only Complete Cloud Strata Software ecosystem

P: 1300 414 155

W: https://stratafyconnect.com/ E: sales@stratafyconnect.com

eVotters

The onlne voting solution

P: 61 28011 4797

W: https://www.evotters.com/ E: support@evotters.com

EDUCATION & TRAINING

LookUpStrata

Australia’s Strata Title Information Site

W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au

Strata Community Association

P: 02 9492 8200

W: https://www.strata.community/ E: admin@strata.community

Owners Corporation Network

The Independent Voice of Strata Owners

W: https://ocn.org.au/ E: enquiries@ocn.org.au

Your Strata Property

Demystifying the legal complexities of apartment living

W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au

BUILDING

ENGINEERS & INSPECTORS

Sedgwick

Building Consultancy Division & Repair Solutions

W: https://www.sedgwick.com/solutions/global/au E: sales@au.sedgwick.com

QIA Group

Compliance Made Easy

P: 1300 309 201

W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au

GQS

Quantity Surveyors & Building Consultants

P: 1300 290 235

W: https://gqs.com.au/ E: info@gqs.com.au

BCRC

Construction Materials & Durability Consultants

P: 02 9131 8018

W: https://bcrc.com.au/ E: sydney@bcrc.com.au

Roscon

Property services & facilities management

P: 1800 767 266

W: https://www.roscon.com.au/ E: info@roscon.com

Solutions in Engineering

Quality Reports On Time, Every Time!

P: 1300 136 036

W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com

BIV Reports

Specialist in Strata Compliance Reports

P: 1300 107 280

W: https://www.biv.com.au/ E: biv@biv.com.au

Forte Asset Services

Fire | Electrical | HVAC

P: 1300 920 752

W: https://www.forteassetservices.com.au/ E: info@forteas.com.au

Budget Vals

Built For Strata

P: 1300 148 150

W: https://www.budgetvals.com.au/ E: reports@budgetvals.com.au

HFM Asset Management Pty Ltd

Leaders in Building Efficiency

P: 1300 021 420

W: https://www.hfmassets.com.au/ E: info@hfmassets.com.au

Independent Inspections

Sinking Fund Forecast, Insurance Valuations, OHS

P: 1300 857 149

W: http://www.iigi.com.au/ E: admin@iigi.com.au

Mabi Services

Valuations, Maintenance Plans, Asbestos

P: 1300 762 295

W: https://www.mabi.com.au/ E: info@mabi.com.au

Quality Building Management

keeping your buildings legally compliant and safe

P: 1300 880 466

W: https://qbm.com.au/ E: sales@qbm.com.au

CORE Consulting Engineers

Delivering 360° engineering solutions for strata

P: 02 8961 3250

W: https://core.engineering/ E: admin@core.engineering

Leary & Partners: quantity surveying services

Quantity Surveying Services Since 1977

P: 1800 808 991

W: https://www.leary.com.au/index.php/ E: enquiries@leary.com.au

Leo & Associates Consulting Engineers

Enhancing Structures, Empowering Futures

P: 0452 205 727

W: https://laconsulting.com.au/ E: Leo@laconsulting.com.au

INSURANCE

Strata Insurance Solutions

Protecting owner assets is who we are.

P: 1300 554 165

W: https://www.stratainsurancesolutions.com.au/

E: info@stratainsurancesolutions.com.au

Whitbread Insurance Brokers

Empower Your Vision

P: 1300 424 627

W: https://www.whitbread.com.au/ E: info@whitbread.com.au

CHU Underwriting Agencies Pty Ltd

Specialist Strata Insurance Underwriting Agency

P: 1800 022 444

W: https://www.chu.com.au/

E: info_nsw@chu.com.au

Strata Community Insurance

Protection for your strata property. And you.

P: 1300 724 678

W: https://www.stratacommunityinsure.com.au

E: myenquiry@scinsure.com.au

Flex Insurance

Your Cover Your Choice

P: 1300 201 021

W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au

Driscoll Strata Consulting

Knowledge | Experience | Service

P: 0402 342 034

W: https://driscollstrataconsulting.com.au/ E: Enquiries@driscollstrataconsulting.com.au

CRM Brokers

The smart insurance choice

P: 1300 880 494

W: https://www.crmbrokers.com.au/strata-insurance/ E: crmstrata@crmbrokers.com.au

STRATA LAWYERS

Tisher Liner FC Law Pty Ltd

Experts in Owners Corporations Law

P: 03 8600 9314

W: https://tlfc.com.au/expertise/owners-corporation/ E: ocenquiry@tlfc.com.au

Bastion Legal

Experts in plumbers insurance law

P: (03) 8457 7751

W: https://bastionlegal.com.au/ E: info@bastionlegal.com.au

Bugden Allen Graham Lawyers

Specialising in property development & strata law

P: 03 8582 8100

W: https://bagl.com.au/ E: info@bagl.com.au

Holman Webb Lawyers

Body Corporate and Strata Dispute Experts

P: 61 732 350 100

W: https://www.holmanwebb.com.au/ E: icontact@holmanwebb.com.au

Grace Lawyers

Know. Act. Resolve.

P: 03 9674 0474

W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au

Aitken Partners

Law firm with a dedicated OC team

P: 03 8600 6000

W: https://www.aitken.com.au/ E: dandronaco@aitken.com.au

Moray & Agnew Lawyers

Legal strategies and solutions for our clients

P: 03 9600 0877

W: https://www.moray.com.au/ E: melbourne@moray.com.au

OC Auditors and Accountants

Specialist OC Auditors and Accountants

P: 03 9252 2020

W: https://www.linkedin.com/in/michaelburhala/ E: michael@mwbaccountants.com.au

STRATA MANAGEMENT

The Knight

Strong family values & real hands-on experience

P: 03 9509 3144

W: https://www.theknight.com.au/ E: newbusiness@theknight.com.au

StrataPoint Owners Corp.

“A surprising approach to Strata Management”

P: 03 8726 9962

W: https://stratapoint.com.au/ E: Hello@stratapoint.com.au

Strata Management Consultants

We Help Committees to Change OC Companies

P: 1300 917 848

W: https://www.strataconsultants.com.au/ E: office@strataconsultants.com.au

Horizon Strata Management Group

We take the stress out of Strata

P: 03 9687 7788

W: https://horizonstrata.com.au/

E: info@horizonstrata.com.au

Quantum United Management

Creating vibrant and connected communities

P: 61 383 608 800

W: https://www.quantumunited.com.au/ E: info@quantumunited.com.au

SOCM

Owners Corporation Management Melbourne

P: 03 9495 0005

W: https://socm.com.au/ E: info@socm.com.au

Bright & Duggan

Strata Professionals

P: 0299027100

W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au

SSKB Strata Managers

A Positive Difference in Strata

P: 07 5504 2000

W: https://sskb.com.au/ E: sskb@sskb.com.au

Engine Property Group

Your dedicated OC managers, thinkers, and solvers

P: 03 9235 9900

W: https://www.enginepropertygroup.com.au/ E: reception@enginepropertygroup.com.au

CLEANING

Clean As You Go

Leaders in Caretaking and Facility Maintenance

P: 1300 525 651

W: http://www.cleanasyougo.com.au/ E: info@cleanasyougo.com.au

1800

AUS JUNK

We get rid of your junk.

P: 1800 287 586

W: https://ausjunk.com.au/ E: info@ausjunk.com.au

FACILITY MANAGEMENT

LUNA

Building and Facilities Manager

P: 1800 00 LUNA (5862)

W: https://www.luna.management/ E: info@luna.management

RFM Facility Management Pty Ltd

Strata and Specialist Cleaners

P: 1300 402 524

W: https://www.rfmfacilitymanagement.com.au/ E: nathan@rfmfacilitymanagement.com.au

Rise

Facilities

Facilities and Building Management Solved.

W: https://www.risefacilities.com.au/ E: service@risefacilities.com.au

Aligned Property Services (APS)

Redefining Strata Maintenance

P: 03 9063 1179

W: https://www.alignedpropertyservices.com.au/ E: deyon@alignedpropertyservices.com.au

ELECTRICAL

Energy On Pty Ltd

Providing utility network solutions

P: 1300 323 263

W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au

ENM Solutions

Providing Solutions for Embedded Networks

P: 1300 000 366

W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au

LIFTS & ELEVATORS

Innovative Lift Consulting Pty Ltd

Australia’s Vertical Transportation Consultants

P: 0417 784 245

W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au

The Lift Consultancy

Trusted Specialised Advice

P: 07 5509 0100

W: https://theliftc.com/ E: sidb@theliftc.com

Strategic Lift Solutions

We know Lifts and we make things happen!

P: 0475 353 090

W: https://www.strategicliftsolutions.com.au/ E: lynne@strategicliftsolutions.com.au

ABN Lift Consultants

A team of friendly, open minded professionals

P: 0468 659 100

W: https://www.abnlift.com/ E: andrew@abnlift.com

Higgins Coatings Pty Ltd

Specialist painters in the strata industry

P: 1300 HIGGINS

W: https://www.higgins.com.au/ E: info@higgins.com.au

CPR Facade Upgrade Specialists

We clean, repair & repaint multi-storey buildings

P: 0493 651 643

W: https://cprfacadeupgrades.com.au/ E: info@facadeupgrades.com.au

ENERGY

Arena Energy Consulting Pty Ltd

Independent Embedded Network Consulting Services

P: 0452 411 247

W: https://www.arenaenergyconsulting.com.au/ E: joseph@arenaenergyconsulting.com.au

Embedded Network Arena

Independent Embedded Network Consulting Services

P: 1300 987 147

W: https://embeddednetworkarena.com.au/ E: info@embeddednetworkarena.com.au

VALUERS

Asset Strata Valuers

Leaders in Strata Property Valuations

P: 1800 679 787

W: https://assetstratavaluers.com.au/ E: workorders@assetstratavaluers.com.au

Adelaide StrataVal

Strata & Community Insurance Valuations

P: 08 7111 2956

W: https://www.strataval.com.au/ E: valuations@strataval.com.au

Delphi Consultants & Valuers

Building Insurance Valuation Services

P: 07 3852 6021

W: https://www.delphiproperty.com.au/insurance-valuation E: info@delphiproperty.com.au

RECRUITMENT SERVICES

sharonbennie – Property Recruitment

Matching top talent with incredible businesses

P: 0413 381 381

W: https://www.sharonbennie.com.au/

E: sb@sharonbennie.com.au

Essential Recruitment Solutions

Specialising in Strata recruitment

P: 0448 319 770

W: https://www.essentialrecruitmentsolutions.com.au/

E: maddison@essentialrecruitmentsolutions.com

ACCOUNTANTS

Tinworth & Co

Chartered Accountant & Strata Auditors

P: 0499 025 069

W: https://www.tinworthaccountants.com.au/ E: caren.chen@tinworth.com

Matthew Faulkner Accountancy

Strata Auditing specialists

P: 0438 116 374

W: https://www.mattfaulkner.accountants/ E: matt@mattfaulkner.accountants

SUSTAINABILITY

The Green Guys Group

Australia’s Leading Energy Saving Partner

W: https://www.greenguys.com.au/ E: sean@greenguys.com.au

PROJECT MANAGEMENT

Alpha14 Property Group

Project Management Services

P: 0417 378 331

W: https://alpha14.com.au/ E: projects@alpha14.com.au

Groundfloor™

Australian parcel, mail, and refrigerated lockers

P: 03 9982 4462

W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com

ANTENNAS

Install My Antenna

Professional TV Antenna Service For You Today

P: 1300 800 123

W: https://www.installmyantenna.com.au/

E: info@installmyantenna.com.au

CLOTHES LINES

Lifestyle Clotheslines

Clothesline and washing line supplier & installer

P: 1300 798 779

W: https://www.lifestyleclotheslines.com.au/

E: admin@lifestyleclotheslines.com.au

STRATA REPORTS

Strataregister.com Pty Ltd

Find the Strata / CT Manager for your property

P: 0411 483 249

W: https://www.strataregister.com/ E: hello@strataregister.com

Rawlinsons

Calculated Confidence

P: 08 9424 5800

W: https://www.rawlinsonswa.com.au/ E: info@rawlinsonswa.com.au

STRATA LOAN PROFESSIONALS

Lannock Strata Finance

The Leading Strata Finance Specialist

P: 1300 851 585

W: https://lannock.com.au/ E: strata@lannock.com.au

StrataLoans

The Experts in Strata Finance

P: 1300 785 045

W: https://www.strata-loans.com/ E: info@strata-loans.com

Austrata Finance

Use Your Money or Borrowed Money: It’s Your Choice

P: 1300 936 560

W: https://austratafinance.com.au/ E: info@austratafinance.com.au

CONSULTING

Strata Solve

Untangling strata problems

P: 0419 805 898

W: https://stratasolve.com.au/ E: chris@stratasolve.com.au

The Strata Shepherd

Guiding owners towards better outcomes

P: 0431 925 908

W: https://www.thestratashepherd.com.au/ E: info@thestratashepherd.com.au

WINDOWS & GLASS

Clear Edge Frameless Glass

Energy Efficient Balconies for Elevated Living

W: https://www.clearedgeglass.com.au/ E: sales@clearedgeglass.com.au

PEST CONTROL

EPC – Enviro Pest Control

Your local pest control experts in Melbourne

P: 03 9059 0300

W: https://www.epcontrol.com.au/ E: info@epcontrol.com.au

INVESTMENT SERVICES

Strata Guardian

Fight low returns and rising levies with us

P: 1300 482 736

W: https://www.strataguardian.com/ E: contact@strataguardian.com

TRADECOM GROUP

Innovative Commercial Building Projects

P: 1300 301 888

W: https://tradecomgroup.com/ E: services@tradecomgroup.com

Linkfire Pty Ltd

Your essential safety partner

P: 1300 323 263

W: https://www.linkfrire.com.au/ E: sales@linkfire.com.au

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VIEW OUR MEDIA KITS:

As of April 2022, The Strata Magazines received a national audience engagement of around 20,000 views within one month of their release.

For the Strata Magazine Media Kit

LookUpStrata’s Newsletters have a national audience of over 16,000 subscribers.

For the National Newsletter Media Kit