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Our Q&A posts this week:
Interested in helping out with strata questions? We create our very popular Q&A Articles out of the exchanges and promote the articles well across our social media channels. To find out more, contact me on [email protected].
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Join our growing list of Sponsors. Take advantage of our increasing traffic stats. Advertising spots are becoming limited. Lock down your spot ready for 2018!
Offering your business the best way to reach YOUR target audience.
Create Your Own Premium Listing
We recently completed a major update to the Australian Strata Services Directory. You can now create your own Premium Listing in just a few minutes! Be part of the Strata Marketplace. Your listing is extremely quick and easy to set up. Begin the Listing Promotional Package and increase your strata business exposure today.
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Our Strata Services Marketplace provides a dedicated database of businesses and services for strata managers and lot owners.
Looking for a strata lawyer, financial advisor, plumber and electrician or maybe maintenance work is required?
Australia wide - you'll find what you're looking for here.
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Banning Combustible Cladding In Victoria
Minister for Planning, Richard Wynne
The new ministerial guidelines spell out what can’t be used on Victorian building sites, spelling an end to the use of dangerous, flammable materials. Aluminium Cladding Panels with a polyethylene core of more than 30 per cent will be banned on all multi-storey buildings. Expanded polystyrene will also be banned.
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NSW: Q&A Are our fire safety inspections too frequent?
Andrew Renton, Fire Safety Construction
Question: We are lot owners in a small scheme strata in NSW. How often should our fire safety inspection be done? The company who is currently performing our Fire Safety Inspections is performing them every 3 months, which seems excessive to me.
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QLD: Q&A Rules about what is covered by body corporate
Frank Higginson, Hynes Legal
Question: I'm looking to buy a villa or duplex in a small strata scheme. Can they make their own rules or is there any Queensland government legislation about what is covered by body corporate?
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SA: Q&A Parking problems and issuing strata parking fines
Tony Johnson, Horner Management
Question: There are constant complaints of non residents, owners or tenants parking in other peoples car parks - trespassing. We have strata bylaws where strata parking fines can be issued. What are the legal requirements of issuing strata parking fines?
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NSW: Q&A Who’s responsibility to replace the screen door?
Rod Smith, The Strata Collective
Question: The fly screen to my balcony is very old. Who should be paying to replace the screen door? Is it my cost or should the owners corporation carry out this repair?
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ACT: Q&A Cost of Holding a Special General Meeting
Christopher Kerin, Kerin Benson Lawyers.
Question: A number our lot owners have requested a special General meeting be held to discuss issues of concern to all owners. Our Strata Manager has said that all costs for holding a special general meeting will be charged to those owners who requested the meeting.
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WA: Q&A Damaged water meter – Why doesn’t strata pay?
Gary Phillips, StrataGP.
Question: My water meter was recently vandalised and the Water Board says any repairs to a damaged water meter are to be paid by the owner. Why doesn't strata pay? Should the damaged water meter be covered by the Building Insurance or the Sinking Fund and not individually by the owner?
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NSW: Q&A Smoke drift from tenant who regularly has a smoke on the balcony above
Leanne Habib, Premium Strata
Question: For the last few months, the tenant in the apartment above ours regularly sits and has a smoke on the balcony. Their smoking causes smoke drift into our flat each time they smoke on the balcony. What can we do?
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NSW – The First Collective Sales Cases Hit the Land and Environment Court
Adrian Mueller, JS Mueller & Co.
The new laws allow a strata scheme to be sold or redeveloped with the agreement of 75% of the owners and an order made by the Land & Environment Court. Not surprisingly, however, up until recently there have been no reported cases where the Land & Environment Court has dealt with an application to permit the collective sale or redevelopment of a strata scheme under the new laws.
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NSW Building Products Safety Laws
Bannermans Lawyers.
The Building Products (Safety) Act 2017(“Act”) has been passed by the New South Wales government and is to commence on a date to be proclaimed. When it commences, it will give NSW Fair Trading substantial powers to identify and stop the use of potentially unsafe building products.
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Last Edition's Star Article
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QLD: Q&A The First rule of Visitor Parking in Apartments – umm, it’s for visitors!
Frank Higginson, Hynes Legal
Question: I am just looking at how I go about reporting, or even whether I am able to do so, residents in my building using visitor parking in apartments almost every night. Two of our guest parking bays continuously taken by residents of units.
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Joanne McCarthy, The Newcastle Herald
“The law is not protecting purchasers,” said Aidan Ellis, whose penthouse unit with spectacular 270-degree views has severe water, corrosion, noise, insulation and cladding problems and a wrap-around balcony with serious defects, where the repair bill must be shared by all owners because it is common property.
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Australia’s premium clothesline and washing line supplier & installer
If you are in need of one clothesline or 50, Lifestyle Clotheslines can help with the installation of new clotheslines, removal and updating of existing clotheslines and clothesline installations.
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NSW: Personalised Strata Management
When you join Strata Revolution the owner Michelle (a licensed strata manager and real estate agent) will be your strata manager, delivering over 10 years of strata experience and knowledge.
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We sometimes receive interesting questions into the site which aren't quite long enough to create into a post. We thought we'd share some here. We recently received the following question:
NSW: Can a sitting Strata Committee resolve to reverse or alter a decision taken by their predecessors without the need to consult with the entire owner’s corporation?
Leanne Habib, Premium Strata replied:
Yes, it may rescind or vary previous decisions made without reference to the Owners Corporation in general meeting depending on whether the decision had been implemented and whether or not the decision was within their power.
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