The VIC Strata Magazine | November 2022

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The VIC STRATA MAGAZINE

Get started with sustainability in your building!

Page 16 | The Knight

Why

Page 18 | Tisher Liner FC Law

am I being charged rent for my driveway?
NOVEMBER 2022
Have you had your insurance valuation done?
Page 24 | Bugden Allen Graham Lawyers

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, and is currently in her third term on the SCA (WA) Education and Professional Development Committee now known as the Industry Understanding Committee.

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.

Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au

Disclaimer: The information contained in this magazine, including the response to submitted questions, is not legal advice and should not be relied upon as legal advice. You should seek independent advice before acting on the information contained in this magazine.

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Liza Jovicic Sales and Content Manager

MIMOR 6 A damaged substrate on a leaking balcony

Braden Sharma, Sedgwick 8 After settlement, can a vendor arrange for a refund of the insurance?

Tyrone Shandiman, Strata Insurance Solutions 10 What are the consequences if AGM minutes are falsified?

Callum Wilson, Bright & Duggan 12 Owners Corporation Rules: The balance between substance & enforcement

Phillip Leaman, Tisher Liner FC Law 14 We helped an owners corporation in South Yarra to save $61,929 on their OC management fees

Strata Management Consultants 16 Get started with sustainability in your building!

Alex Smale, The Knight

18 Why am I being charged rent for my driveway?

Phillip Leaman, Tisher Liner FC Law 20

If you’ve had unplanned expenses, is now a good time to revisit the forecast?

Michael Ferrier, Eyeon Property Inspections 22 Who repairs the large crack in my balcony sliding door?

Guy Garreffa, StrataPoint 24 VIC Law Reform: Have you had your insurance valuation done?

Tim Graham, Bugden Allen Graham Lawyers 26 Can a breach notice be served via email?

Callum Wilson, Bright & Duggan 28 We need somebody, not just anybody – the case for a Victorian strata helpline

SCA (VIC) 32 The VIC LookUpStrata Directory

Thanks to our sponsors

4 MIMOR Delivers for strata residents
Contents

MIMOR delivers for strata residents

PARCEL MANAGEMENT FEATURE

With shops and restaurants closed and limited reasons to leave home, deliveries have become a part of everyday life. Whether it’s groceries, gifts or a new pair of shoes, an increasing array of packages are appearing on Australian doorsteps.

But while many of us are enjoying the convenience of home delivery, it can prove more problematic for residents of apartment buildings, not to mention for delivery drivers navigating secure entrances and unanswered doors.

Enter Australian entrepreneur Jake Sharp, who created the MIMOR digital platform to manage just such an issue.

MIMOR (Move In Move Out Register) is a one-stop shop designed to overcome strata-living sticking points, acting as a central digital hub for residents and building managers and service providers, comprising vital building information, moving processes, procedures for booking facilities and common areas, general announcements and real-time communications via email and SMS alerts.

MIMOR’s parcel management feature similarly simplifies and streamlines parcel deliveries and collections for apartment residents. Building managers or concierges are able to accept and log parcels through MIMOR on behalf of the resident, select where the goods will be securely stored and notify recipients via email or SMS that their parcel is ready for collection. For added security, residents are required to sign for collection, and parcels entered into the MIMOR system are also recorded in the app’s reporting system to ensure all deliveries are accounted for.

“Things like missed deliveries or misdirected parcels might seem like a small thing but can really add to the frustrations of daily life in apartment living, for both residents and building managers,” Sharp said.

“Parcel delivery has risen dramatically during the pandemic, and I don’t see that trend changing given how conditioned we have become to online shopping, so it makes sense to have in place a secure and streamlined system that ensures convenience and certainty.”

For properties without a building manager or concierge, there are options available such as Digital Lockers, enabling MIMOR users to select a locker number for their delivery through the MIMOR system.

The items are then secured in a locker located on the premises, and the recipient electronically notified.

Sharp created MIMOR after experiencing first hand some of the frustrations and complexities of strata living, when his former cleaning business was responsible for 220 strata buildings.

“It was such a disjointed system; none of the individual parties – owners, managers, tenants, real estate agents, cleaners –were clear on the building’s processes and systems. I just knew there had to be a better way to do it, particularly in this digital day and age,” Sharp said.

MIMOR’s subscriptions are scalable, from three apartments to more than 500.

info@mimor.com.au mimor.com.au

For more information, go to mimor.com.au

A damaged substrate on a leaking balcony

Our balcony is leaking. The waterproof membrane has failed, however, the substrate also needs to be replaced. If the Owners Corporation is replacing the substrate, do we need to pay for the waterproofing and tiling?

Our balcony is leaking and it appears we will need to rewaterproof the area. We have engaged a contractor to do a remedial membrane since the tiles are in good condition and don’t need to be replaced. However, a recent report on the building stated that there is a damaged substrate below our balcony and the material used in construction is not “ideal” for use under balconies.

The Owners Corporation wants to rip up our tiles and membrane to fix the substrate; but if they rip up our balcony, aren’t they then required to repair what they’ve taken up? They’re saying we need to pay to re-membrane and re-tile our balcony. We agreed to do a remedial membrane, but we feel it’s unfair to pay for re-tiling when they are the ones ripping it up to fix the substrate.

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If the membrane were intact, we believe the Lot Owner would have a solid argument that any damage caused in rectifying the substrate should also be covered at the Owners Corporation’s expense.

In our experience the balustrades and slab form part of the Owners Corporation’s common property, whereas the membrane and tiles are the Lot Owners property/ responsibility to maintain. If the membrane were intact, we believe the Lot Owner would have a solid argument that any damage caused in

rectifying the substrate should also be covered at the Owners Corporation’s expense.

However, as the membrane is compromised and requires remedial repairs, it would be an opportune time for the Owners Corporation to complete repairs to the substrate. Whilst the Lot Owner has proposed a remedial repair approach to the membrane to prevent any damage to the tiles, this solution would have a limited life expectancy and require ongoing maintenance.

It should also be noted that taking a remedial repair over replacement of the membrane may see these works completed under a non-warranty replacement agreement, meaning that the supplier providing the repair

may not warrant their work as you would get with a full membrane replacement. In addition to this not having the correct foundation (substrate) in place, it could result in a more costly repair and/or replacement at a later date and rework in the long run. Being in Victoria, we would need a copy of the plan of subdivision to confirm whether any part of the balcony forms part of the Owners Corporation’s common property.

Braden Sharma | Sedgwick braden.sharma@au.sedgwick.com

REPAIR

7 READ MORE HERE BUILDING CONSULTANCY
Defect reports & forensic engineering
Scope of works
Dilapidation & risk surveys
Dispute mediation and expert witness
Contractor procurement and cost validation
Construction management
Capital Works Funds/Maintenance Plans
Digital Capability
SOLUTIONS
Emergency make safe
Fire water damage restoration
Leak detection
Contamination response
Building repairs
Cost validation services
Digital Capability Supporting Owners and Strata Managers with tailored remediation and repair solutions 1300 735 720 sales@au.sedgwick.com 1300 654 599 sales@au.sedgwick.com

After settlement, can a vendor arrange for a refund of the insurance?

I’ve recently purchased a unit. After settlement, the vendor has contacted the owners corporation insurer requesting a refund of their insurance policy payment.

Does this cancel my insurance?

I bought a unit in a 4 lot strata this year. There does not appear to be any operative owners corporation. The vendor has contacted the insurance company seeking a refund of the owners corporation insurance premium. This policy was taken out prior to the sale of the unit. The full policy was paid for by the previous owner of my unit as she had no contact with the other 3 owners. Once the refund has been paid, the building will be uninsured. What are my options?

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If the property has already settled, the previous owner does not have the right to approach the insurer seeking a refund of premiums and you should make contact with the insurer to ensure this does not occur.

No insurer will provide a partial refund for an insurance premium associated with one lot in a property.

The insurer generally will only provide a refund in the event the policy is cancelled in full and this cancellation is authorised by the owners corporation.

If the property has already settled, the previous owner does not have the right to approach the insurer seeking a refund of premiums and you should make contact with the insurer to ensure this does not occur.

The correct way to apportion insurance costs is through the settlement process and the previous owners conveyancer should factor this into the settlement of Owners Corporation money.

READ MORE HERE

What are the consequences if AGM minutes are falsified?

What are the consequences if AGM minutes are falsified?

If a falsification is identified and members resolve that it be corrected, it must be actioned and noted in the Minutes.

At each AGM, owners have the opportunity to object to wording of the previous AGM’s Minutes.

If a falsification is identified and members resolve that it be corrected, it must be actioned and noted in the Minutes. Failure to do so (presumably by the Manager) would likely be a breach of their duties however the actual consequence for this is unclear. A monetary penalty is unlikely unless it can be proven the Manager made a financial gain due to the falsification.

If a falsification is tabled but the majority of members agree to dismiss it, it would be very difficult to overturn it a higher level (such as VCAT) without firm proof (such as a recording of the meeting). If that proof was available and credible, the Owners Corporation itself may be in breach of its duties but, again, the consequences are not clear and unlikely to be significant unless there was some sort of malice involved.

It is therefore good practice to record meetings where possible to eliminate the potential for disputes regarding the accuracy of meeting minutes.

Callum Wilson | Bright & Duggan callum.wilson@bright-duggan.com.au

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READ MORE HERE
A
Q
• • • •

We Helped an Owners Corporation in South Yarra to Save $61,929 on their OC Management Fees

In February 2022, Anthony contacted us about his building in South Yarra. The building was a high-end apartment complex that had been managed by the same management company for the past 7-8 years (since the building was completed).

Qualified

OC Management Companies

The Committee was concerned that their current OCM had been overcharging them, and with the regular turnover of staff who were assigned as the OCM for their building. Every single OC management company we work with is carefully vetted and scrutinised in terms of their:

On-going knowledge and training Our expertise and industry knowledge takes the guesswork out of changing management companies.

Changing Owners Corporation Managers (South

Yarra, VIC)

In late February, Anthony and the Chair came into our offices to better understand who we are and what we do. We then organised a meeting with the full Committee to understand their concerns with the incumbent OC manager and discuss what they would expect of their new OC manager.

After compiling an RFT with information and specifications particular to their building, we conducted a tender process. We met again with the Committee and helped them to understand all the new OC management proposals in terms of their offerings, qualities, and costs.

The Committee, after conducting extensive interviews with our assistance, chose a company that was less expensive than their incumbent and we assisted with the appointment process.

2.
3.
4.
5.
1. OC experience and relevant qualifications
Service and service metrics
Integrity & values
Dedicated strata software platform, systems, and processes

COST COMPARISON

OLD OC MANAGEMENT CO. VS NEW OC MANAGEMENT CO.

Through our process and a competitive tender, we helped the Committee, all owners, and the owners corporation to save $61,929 per year on their strata / OC management costs.

The additional benefit and significant difference was that the new OC company that the Committee chose does not elect to receive a 15% commission on the building’s substantial insurance premium. This creates greater transparency especially for Committees of larger buildings and potentially means that their building insurance policy is put through a more competitive renewal process.

Thinking About Changing Strata Management Companies?

Take the first step in process of changing owners corporation management companies for your property in South Yarra or elsewhere in metro Melbourne by speaking to us on 1300 917 848 or via email on office@strataconsultants.com.au

Get started with sustainability in your building!

QIf we were planning to fully focus on just one sustainability option to start with in our Vic strata building, what would be best to get the ball rolling?

An LED upgrade is low hanging fruit. It’s just very sensible. It’s bizarre to me that anyone is still installing fluoro lights at this point.

If you’re in Victoria, certainly make use of the VEU scheme: Victorian Energy Upgrades program. That’s a really great way to upgrade because it could even cost you nothing.

AAn LED upgrade is low hanging fruit.

Even if you are paying for the upgrade, the return on investment is really clear, it’s quite easy to figure out. I would really highly encourage you to look into that. Send an electrician out there and see if you’ve got fluro lights. That’s probably the best way to start.

Alex Smale | The Knight ella@theknight.com.au

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READ MORE HERE

Why am I being charged rent for my driveway?

remains to be asked – What is the person’s legal right to occupy that space?

Owners Corporations may lease or licence common property to lot owners (or other third parties) in accordance with Section 14 of the Owners Corporations Act 2006.

But sometimes, leases or licences were never obtained or were obtained by a prior owner and never assigned.

A lot owner has no exclusive right to occupy exclusively any part of common property unless there is a valid and binding licence or lease of that space supported by a formal written lease/ licence which has been approved by a valid resolution of the Owners Corporation.

Owners Corporations can only agree to lease or licence common property spaces through passing a special resolution, which means a committee does not have the power to grant a lease or licence.

Q AThe OC is requesting I pay rent on the common property driveway. How much rent should l pay? Why should I pay rent now when I never have before?

The OC is requesting I pay rent on the common property driveway that leads to my carpark.

No other owner uses this area. The area has been fully enclosed for 9 years with no complaints and it leads to no other properties.

How much rent should l pay for this common ground driveway? Why should I have to pay rent now when I never have before?

As part of a lease or licence, the Owners Corporation has a right to seek rent. Usually that rent will be based on a market assessment or otherwise as agreed by the owners corporation.

A lot of apartment and unit owners have spaces which they have as their private garden or use for parking their car. However, in many cases, that space is actually common property and not within the person’s private lot. The question

Too often we see lot owners making claims to common property because the land was advertised as part of the sale of the private lot. However, this will not save the use. A lease or licence must be obtained.

In addition, the Model Rules prohibit any private lot owner using any part of common property as part of their private garden (unless a lease or licence has been granted).

As part of a lease or licence, the Owners Corporation has a right to seek rent. Usually that rent will be based on a market assessment or otherwise as agreed by the owners corporation.

If a lot owner does not have a valid lease/ licence then they will need to give up any exclusive right, even if that use has been for many years.

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

www.lookupstrata.com.au18
READ MORE HERE

Project ManagementWho are Alpha14 Property Group?

Established in 2011 Alpha14 Property Group have proven project management experience having worked on over $1Billion worth of construction and development projects across a range of complex residential, commercial and industrial developments.

Alpha14 offer Project Management services to Owners Corporations; utilising our qualified engineers and project managers to provide expertise on projects such as building refurbishments, car stacker breakdown rectification and major building repairs and maintenance issues.

In addition, Alpha14 have undertaken a prequalification process and are on the Victorian Government Residential Cladding Rectification Register. We can provide Project Management Services to Owners Corporations to project manage the rectification and removal of combustible cladding products on residential buildings that have been identified through the Victorian State-wide Cladding Audit.

Owners CorporationsBenefits of using Alpha14 as your Project Manager

Alpha14 have engineering and project management qualifications and over 50 years of knowledge in the building and construction industry - giving confidence that all works are completed to the required standard.

We have the relevant experience and expertise to appropriately manage consultants and contractors for large scale issues and in addition we hold the necessary Professional Indemnity insurance cover, giving you peace of mind into the future.

Appointing Alpha14 and utilising our qualified project management team will add value to a project and dedicate the appropriate amount of time and expertise that a major project requires.

Alpha14 have been engaged by multiple Owners Corporations to manage large projects – our experience provides confidence to residents when moving forward on important projects.

We would welcome your enquiry to determine if we may be able to assist you with our project management services; after initial discussions Alpha14 can prepare a scope of works and provide a project management proposal for consideration of the committee.

Contact us: projects@alpha14.com.au | alpha14.com.au

If you've had unplanned expenses,

now a good time to revisit the forecast?

If we’ve had unplanned expenses, is it a good time to pull our forecast out again and have another look at it?

If the costs of unplanned major works have escalated for some reason, how is the OC manager to know the specific requirements for accurately budgeting these expenses? If we’ve had unplanned expenses, is it a good time to pull our forecast out again and have another look at it?

time and regular reviews of the forecast will improve the ongoing accuracy of the forecast.

If there are unplanned works like roof damage due to a storm, for example, it will impact future funds for other planned works. Similarly, if works have had to be brought forward for some reason it can have the same effect, particularly if the cost of a repair or upgrade is much greater than originally forecast.

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is
It’s important to note the benefits of having the forecast regularly updated. Things will change over

It’s important to note the benefits of having the forecast regularly updated. Things will change over time and regular reviews of the forecast will improve the ongoing accuracy of the forecast.

The forecast may say, “we think the capital works fund levy should be $50,000 this year, but we know we spent money that was supposed to be spent in three years’ time. We had to spend that earlier because of some other event so we mightn’t need to budget for that in the future anymore, if it came in on budget”.

For medium and large size buildings, it’s a pretty small cost to get an expert in to update the forecast. I think that’s sometimes overlooked. We are usually talking about a few hundred dollars to get somebody in to update a report that’s going to make it a lot more accurate going forward, because it will take into account actual expenditures that have been incurred since the last forecast was done. I would highly recommend buildings do that.

Michael Ferrier | Eyeon Property Inspections michael.ferrier@eyeon.com.au READ MORE HERE
www.lookupstrata.com.au22
Who repairs the large crack in my balcony sliding door?

QPossibly due to temperate changes, a larger crack has formed in the sliding door to my balcony. Who is responsible for the repair?

I am the owner of a floor level apartment. I have noticed a crack in the glass of my external sliding door to the balcony. This appears to be due to temperature changes.

Who is responsible for the repair of the glass. Is it the Owners Corporation or the lot owner?

ASeeing the repair works will only benefit the one lot and the damage is located within private property, the responsibility for the repair rests with the lot owner.

This question is usually asked when determining who is responsible for any repair/s or maintenance to a specific area within a complex.

Who “owns” the damage needing attention? Even though it may not be anyone’s fault specifically (as in this case), the responsibility will still need to fall on either a specific lot owner or the owners corporation.

In this case, seeing the repair works will only benefit the one lot, along with the added fact that the damage is located within private property (balcony), on this occasion

the responsibility for the necessary repairs/ replacement would rest with the lot owner and not the owners corporation.

READ MORE HERE

We are a small boutique style management company, keeping it simple and streamlined Due to the manageable size of our portfolio, communication is prompt and backed up with the necessary service and support.

At the end of the day, it is a service industry and reputations are based on the service and support that management companies provide.

If you as an owner are currently thinking that you are paying for poor service with little support and communication, why not give us a quick call? You may be pleasantly surprised.

23
www.stratapoint.com.au
Call 03 8726 9962
Good strata management hinges on regular communication and prompt service.
www.stratapoint.com.au
‘‘A surprising approach to Strata Management’’

VIC Law Reform: Have you had your insurance valuation done?

Do all OC’s need to have a valuation done if they have not had one in the last 5 years? If not, are they in breach of the act?

Does the new legislated requirement in Victoria for Owners Corporations with 3 or more lots that came in on 1 December 2021 require them to conduct an Insurance valuation at least every 5 years?

Should all OC’s that have not had a valuation at all or in the last 5 years have one over the next few months?

Is there an amnesty/indulgence period allowed or does it mean that every OC that has never had a valuation and doesn’t have one before 1 December 2022, is in breach of the act?

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All OC’s that have not had a valuation at all or in the last 5 years should immediately obtain a valuation.

Those subsections were in fact unchanged by the Owners Corporations and Other Acts Amendment Act 2021 which commenced on 1 December last year.

An exception was introduced by that Act. It is encapsulated in the notation to subsection (1): A tier five OC is exempt from compliance with s.65

A tier 5 OC is defined in s.7(6) of the Owners Corporations Act 2006 (OCA) as: a. an owners corporation for a 2-lot subdivision; or b. a services only owners corporation.

A services only OC is defined in s.3 of the OCA as meaning an OC for a subdivision that has no land or building that is designated as the common property and either—

a. the initial owner of the subdivision has arranged for a utility company to install common meters that are designated as the common b. the subdivision has a common supply or common service that is unmetered. Doubtless, that is the basis of your observation regarding OCs with 3 or more lots.

And so, as subsections (2) and (3) are not new there is no transitional provision proving any amnesty. The requirement to obtain a valuation has in fact existed since the OCA first came into operation on 31 December 2007.

There is no prescribed penalty for noncompliance with the obligation to obtain a valuation, but the importance of having an indemnity sufficient to do the following (required by s.59 of the OCA) can scarcely be overstated:

• the cost necessary to replace, repair or rebuild the property to a condition substantially the same, but not better or more extensive than its condition when new; and

• the payment of expenses necessarily and reasonably incurred in the removal of debris and the remuneration of architects and other persons whose services are necessary, being incidental to the replacement, repair or rebuilding of the damaged property.

• reinstatement and replacement of the OC’s portion of any shared services.

In short, I agree that all OC’s that have not had a valuation at all or in the last 5 years should immediately obtain a valuation.

Tim Graham | Bugden Allen Graham Lawyers tim@bagl.com.au

READ MORE HERE

Can a breach notice be served via email?

QWhen serving a breach notice, can the notice be served via email? I thought it must be served via post to the allocated owner’s letterbox.

Yes, it is acceptable and legal to issue a Notice to Rectify Breach via email.

AIt is acceptable and legal to issue a Notice to Rectify Breach via email.

The requirements for issuance of the notice are detailed in Section 158 of the Owners Corporations Act 2006. The recent amendments to the Act in December 2021 now allow notices to be served electronically (see ‘Note’ contained in Section 158).

Callum Wilson | Bright & Duggan callum.wilson@bright-duggan.com.au

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MORE HERE
READ

Smart Internet for Strata Managers

What if we said we could future-proof your building by delivering the best possible Internet?

Your first question would probably be: why is it better? And the answer is: because it's faster – in fact, we're among the fastest rated overall ISPs in Australia. Our wireless network is a stand alone product that provides an alternative option to the NBN, delivering a similarly consistent, reliable and accessible internet connection. Or as we call it, Sky-Speed Internet.

We'll deliver an nbn™ compliant, future proof and energy-efficient network to your building – and the best part is, we’re super affordable. You'll add value for your residents, reduce your overheads, and turn your building into a cutting-edge tech hub, well equipped for the Internet of things.

You’ll also be able to connect Building Management Systems, Free-to-Air and Paid Television services, CCTV, intercom systems, phone systems and broadband, all to a single network, capable of delivering up to 1Gbps to each endpoint.

In an ever-changing market, invest in long-lasting and scalable infrastructure

Increase the value of your building

Deliver capacity and ready access for BMS, security/CCTV and Wi-Fi

Prove more stability, speed, and better performance

Gain access to an alternative, purpose-built network

Deliver greater choice for residents with super competitive pricing plans

Corporate grade-service level agreements for your peace of mind

27www.spirit.com.au/developers developers@spirit.com.au 1300 784 774
Sky-Speed Internet connection is available for new developments and existing buildings. It’s time to get connected with Australia's fastest residential Internet.
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50/50 Mbps 100/100 Mbps 200/200 Mbps 400/400 Mbps Enjoy four industry-leading plans to choose from and get unlimited data and symmetrical speeds

We Need Somebody, Not Just Anybody – The Case for a Victorian Strata Helpline

On Melbourne Cup Day 2022, another starter's button was pressed, kilometres away from Flemington and the race that stops the nation, for the race that shapes our state

Victoria’s upcoming state election will be taking place on Saturday, 26 November, and looks set to be a hard fought campaign between the major parties, with the ultimate prize on offer being the prime office space on Spring St from which to govern.

Ahead of this year ’ s election, SCA (Vic) have been hard at work, gauging the sentiment and attitudes of membership on the issues of importance to our sector

This has been followed by intensive engagement with the government, opposition and crossbench, government departments and agencies, and lot owner and resident groups, among other key stakeholders

Chief among the policy priorities and recommendations that SCA (Vic) has taken to this year ’ s election is our flagship recommendation for the next Victorian Government to commit to establishing a Strata Helpline for lot owners, residents and owners corporation committee members

Between 2005 and 2017, approvals for new builds of apartment complexes increased by 143%, with continual growth as a greater proportion of Victorians opt to live in strata for greater affordability, and typically greater proximity to amenities such as shops and hospitality, and public transport.

Legislation and regulations affecting strata in Victoria is inherently complex and requires appropriate interpretation and knowledge for owners corporations to meet their obligations to owners, residents and members of the owners corporation committee.

At present, Victorian lot owners and residents face a significant shortfall in terms of seeking authoritative information and general advice about how their owners corporation works, prior to either seeking legal advice out of pocket, or even seeking dispute resolution through escalation of more complex matters.

In dispute resolution terms, the Victorian Civil and Administrative Tribunal (VCAT) and Dispute Settlement Centre of Victoria (DSCV) respectively, have key roles to play in providing this service where an owners corporation may be concerned

As many as 1 6 million Victorians 1 in 4, live in strata titled properties such as apartment buildings and townhouse estates, wherein an owners corporation governs and maintains an element of common property.

Consumer Affairs Victoria (CAV) currently oversees the provision of information and advice to consumers, tenants, businesses and landlords on their obligations, rights, responsibilities, and updates to legislation notionally, this should include the Owners Corporations Act 2006, and associated regulations

The Issue Where Does the Advice Burden for Strata Fall?

Yet, CAV does not provide a dedicated information or general advisory capacity for lot owners, residents, or committee members’ enquiries specific to their owners corporation, including common property boundaries, levies, management, procedures, model rules, short term letting and other matters.

CAV previously provided a means for consumers to seek information and general advice about their owners corporation through calling the agency; this has subsequently been discontinued, and response times to the same enquiries received in writing are slow

agency to provide general information and advice to owners and residents in an owners corporation, given the successful implementation of the WA helpline

The model outlined in our state election priorities proposes that two dedicated, full time employees (VPS Level 5) within CAV provide this capability, trained and supported by one employee with significant senior level industry experience within SCA (Vic)

In 2021, the West Australian Government committed to implementing a strata helpline overseen by Landgate (their consumer affairs agency, equivalent to CAV), after a successful SCA (WA) advocacy campaign, and subsequent consultation on its design.

The WA helpline exists to provide lot owners, residents and members of strata scheme committees with an impartial and independent avenue to address common enquiries and issues affecting their schemes, prior to further escalation to dispute resolution.

Between 21 March 2021 and 13 September 2022, the Landgate Strata Helpline managed 7,284 enquiries about strata, with 71% (5,204) of these resolved on the spot, easing both the time and monetary costs to consumers, and easing administrative burden across the board.

SCA (Vic) supports implementation of a strata helpline within CAV, to improve on the current capability of the

Estimated costs for a Strata Helpline in Victoria along the lines of SCA (Vic)’s proposed model, would amount to approximately $381,000 per year, or $1 524 million over the next term of government

Various models for funding the helpline exist and may also be considered by the next Victorian Government for implementation

The Bottom Line at This Year's Election

Without the ability to access the information they need, Victorian lot owners, residents and committee members in strata are hindered in their ability to make the best decisions for their circumstances.

The addition of a strata advice helpline can provide greater peace of mind and confidence to consumers, while at the same time reducing the administrative burden and cost to the Victorian Government of costly tribunal and dispute resolution processes.

Vodcast: Committee Conversations

Vodcast: Committee Conversations

Friday 2 December 12:00pm to 12:30pm online

Guest Speakers

To book visit www.vic.strata.community/vic activities

Catherine and Nicholas both serve on committees and have very different views, almost opposites, just like every committee But to get on, they will need to find common ground to build a relationship and work together So let’s start by discussing some controversial topics from a list that continues to grow

Nicholas Abbey, Strata Activist & Advocate Catherine Lezer, President of SCA (WA) The Solution A Victorian Strata Helpline
more at thestratavault.com →
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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

EDUCATION & TRAINING

LookUpStrata

Australia’s Strata Title Information Site

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

Your Strata Property

Demystifying the legal complexities of apartment living

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

Strata Community Association

P: 02 9492 8200

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

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 PTY LTD

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

FACILITY MANAGEMENT

LUNA

Building and Facilities Manager

P: 1800 00 LUNA (5862) W: https://www.luna.management/ E: info@luna.management

JKR Property Group

Facilities and Building Management Solved. P: 1300 294 088

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

Australian Facilities Management

Integrated facilities management services & solutions

P: 03 9816 4722

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

Elite Building Managers Australia

Building Manager experts. P: 0420 520 976

W: https://www.elitebma.com/ E: matt@elitebma.com

Performance Facility Management Pty Building management and Maintenance

P: 1300 477 434

W: https://www.performancefacilitymanagement.com.au/ E: info@performancefm.com.au

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BUSINESS

BUILDING ENGINEERS & INSPECTORS

Solutions in Engineering

Quality Reports On Time, Every Time!

P: 1300 136 036

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

Forte Asset Services

Fire | Electrical | HVAC

P: 1300 920 752

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

Sedgwick

Building Consultancy Division & Repair Solutions

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

QIA Group

Compliance Made Easy

P: 1300 309 201 W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au

Budget Vals

Built For Strata

P: 1300 148 150 W: https://www.budgetvals.com.au/ E: reports@budgetvals.com.au

CORE Consulting Engineers

Delivering 360° engineering solutions for strata P: 02 8961 3250

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

HFM Asset Management Pty Ltd

Leaders in Building Efficiency

P: 1300 021 420

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

GQS

Quantity Surveyors & Building Consultants

P: 1300 290 235 W: https://gqs.com.au/ E: info@gqs.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: qbm@qbm.com.au

Roscon

Property services & facilities management

P: 1800 767 266 W: https://www.roscon.com.au/ E: info@roscon.com

Essential Services Compliance

Essential safety measures reporting & fire safety P: 03 9816 4840 W: https://essentialservicescompliance.com.au/ E: admin@escompliance.com.au

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

DELIVERY & COLLECTION SERVICES

Groundfloor™

Australian parcel, mail, and refrigerated lockers

P: 03 9982 4462 W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com

PROJECT MANAGEMENT

Alpha14 Property Group

Project Management Services

P: 0417 378 331 W: https://alpha14.com.au/ E: projects@alpha14.com.au

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BUSINESS
PRINT YOUR DIRECTORY HERE

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

Bugden Allen Graham Lawyers

Specialising in property development & strata law

P: 02 9199 1055

W: http://www.bugdenallenlawyers.com.au/ E: info@bagl.com.au

RC & Co Lawyers

Effective, resource, clear. P: 1300 072 626

W: https://www.rccolawyers.com/ E: assistant@rccolawyers.com

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

Grace Lawyers

Know. Act. Resolve. P: 03 9674 0474 W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.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

Aitken Partners

Law firm with a dedicated OC team

P: 03 8600 6000 W: https://www.aitken.com.au/ E: dandronaco@aitken.com.au

STRATA REPORTS ACCOUNTANTS

BIV Reports

Specialist in Strata Compliance Reports

P: 1300 107 280

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

Covid19 Plans

Covid19 Safety Plans for Strata

P: 1300 828 344

W: https://covid19plans.com.au/ E: plans@covidplans.com.au

Strataregister.com Pty Ltd

Find the Strata / CT Manager for your property

P: 0411 483 249

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

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

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STRATA LAWYERS
INSURANCE

STRATA MANAGEMENT

The Knight

Strong family values & real hands-on experience

P: 03 9509 3144

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

Stratabase Holdings P/L

Integrity & excellence in Owner’s Corp Management

P: 0412247589

W: https://stratabasemgt.com/ E: ingrid@stratabasemgt.com

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

Civium Communities

When you build trust, you build a community P: 1300 724 256 W: https://civium.com.au/ E: clientservices@civium.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

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

Network Pacific Strata Management

Supporting our strata communities

P: 07 5609 8677

W: www.networkpacificstratamanagement.com.au/ E: info@networkpacific.com.au

Bright & Duggan

Strata Professionals

P: 0299027100

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

Body Corporate Victoria

Specialist

provider of strata management in Melbourne

P: 03 9807 2211

W: https://bodycorpvic.com.au/ E: info@bodycorpvic.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 AIR

Actualised Industries

A breath of fresh air

P: 1300 728 760

W: https://www.actualisedindustries.com.au/ E: admin@actualisedindustries.com.au

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

STRATA LOAN PROFESSIONALS

StrataLoans

The Experts in Strata Finance

P: 1300 785 045

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

Lannock Strata Finance

The Leading Strata Finance Specialist

P: 1300 851 585

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

Austrata Finance

Pay Now or Pay Later: It’s Your Choice®

P: 1300 936 560

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

ELECTRICAL

LIST MY
PRINT YOUR DIRECTORY HERE
BUSINESS

P: 1300 HIGGINS W: https://www.higgins.com.au/ E: info@higgins.com.au

Total

P: 0434 834 799 W: https://www.duluxconstructionsolutions.com.au/ E: propertyservice@dulux.com.au

Avello Group

Painting

P: 1300 283 556

RECRUITMENT SERVICES
& ELEVATORS
On Pty Ltd
utility network solutions
323 263
E: EnergyServices@EnergyOn.com.au ENM Solutions Providing Solutions for Embedded Networks
366 W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au Linkfire Pty Ltd Your essential safety partner
1300 323 263 W: https://www.linkfrire.com.au/ E: sales@linkfire.com.au Innovative Lift Consulting Pty Ltd Australia’s Vertical Transportation Consultants
784 245 W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au Lifestyle Clotheslines Clothesline and washing line supplier & installer P: 1300 798 779 W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au 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
ENERGY ELECTRICAL LIFTS
Energy
Providing
P: 1300
W: https://www.energyon.com.au/
P: 1300 000
P:
P: 0417
Higgins Coatings Pty Ltd
Specialist painters in the strata industry
Dulux Property Services
Solutions
Building Maintenance & Remedial
Services for Owners Corp properties
W:
E:
Ki Creative Design Purposeful Design Solutions P:
541 066 E: kiara.mcilroy@gmail.com
Energy Services Simplifying Energy For Strata P: 1300
111 W: http://www.strataenergyservices.com.au/ E:
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 24:seven Maintenance Solutions Comprehensive building maintenance services P: +61 3 9008 5423 W: https://24sevenms.com.au/ E: admin@24sevenms.com.au Network Pacific Strata Franchise Join our successful team P: 03 9999 5488 W: www.networkpacificstratafranchise.com.au/ E: networkpacific@franchisedevelopments.com.au FIRE SERVICES PAINTING CLOTHES LINES LIST MY BUSINESS PRINT YOUR DIRECTORY HERE MARKETING DEFECT RESTORATION FRANCHISERS
https://avello.com.au/
estimating@avello.com.au
0451
Strata
060
info@strataenergyservices.com.au

INTERNET & TELECOMMUNICATIONS

Spirit Technology Solutions

Do IT with Spirit

P: 1800 774 748

W: https://www.spirit.com.au/ E: developers@spirit.com.au

CONSULTING

Strata Solve

Untangling strata problems

P: 0419 805 898

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

SUSTAINABILITY

The Green Guys Group

Australia’s Leading Energy Saving Partner W: https://www.greenguys.com.au/ E: sean@greenguys.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

AUDITORS

Property Audit & Assurance

Strata & Managed Property Auditing Specialists

P: 03 9525 3777

W: http://www.lowelippmann.com.au/ E: paa@llca.com.au

The Drain Man

Blocked Drain? The Drain Man can help P: 1800 843 372 W:https://www.thedrainman.com.au/ E: enquiries@thedrainman.com.au

PLUMBING
LIST MY BUSINESS
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