Transparency & Conflicts around Maintenance Works Contracts

By admin,

Are there any requirement in the Act for the Managing Agent to formally declare any interest/conflict of interest, when it comes to the appointment of contractors for services to the OC?

I've found that many Strata Management companies and Strata Managers have integrated their business model with the associated services providers (maintenance, gardening, cleaning, etc) or they have relatives/associates involved in these supporting businesses.

How can the Owners Corporation manage the risk and ensure independence of the Managing Agent?

Boundary Fences in a Body Corporate

By admin,

We live in a small complex of eight units. A recent safety report suggested we replace a section of the boundary fence. The adjacent complex has agreed to pay half the cost.

We’ve obtained a quote, but what is the best arrangement for paying the fencer? Our body corporate manager looks after the adjacent complex. Should our body corporate pay for the fence in full and bill the neighbouring body corporate for their half or should each complex pay its contribution directly to the contractor?

Lighting in common areas - Are sensor lights compliant?

By admin,

A bollard light in a non-common area of owners corporation property is damaged and needs repair. This light is connected to the common area lights that turn on at dusk. It's on the same electrical line and works off the same electrical circuit as the driveway lights in the common area.

Strata Insurance for common driveway

By admin,

Our strata plan consists of five detached lots sharing a common driveway. We don't have a council of owners but buy joint strata building insurance. What do we do if one owner doesn't pay their share of the insurance premium?

For the premium to be valid, it has to be paid in full before the expiry date. One owner refuses to contribute. If all other owners increase their payment to cover the deficit, what action can we take to recover this money?

Can overdue insurance payments be pursued similarly to late levies? Can we charge interest on the amount owed?

Body Corporate Voting Rules - What You Can and Can't Do

By admin,

How are votes counted at an extraordinary meeting with electronic voting and pre-voting before an EGM? The BCCM explanatory note mentions counting votes for amending motions but not counting votes on the amended motion. Those who precast their vote before the meeting are deemed to vote against the amendment. But, if an amended motion is subsequently passed, how are the pre-votes counted? Are they discarded because now, it’s a different motion?

Combustible Cladding and Cladding Safety Victoria (CSV)

By admin,

We are a class 1 building of 2 storey with a party wall between the 10 townhouses. We have a fire engineer's report stating there is 9% ACP cladding on the building. Our owners corporation has told us our insurance company has declined our insurance renewal and other insurance companies are refusing to insurance us as well. How do we organise insurance?

Common Property and Strata Repairs - Who is responsible?

By admin,

We are commercial tenants of unit A in a commercial strata complex. According to a licensed electrician, for safety and compliance reasons and to ensure sufficient power without interruption, the power board for our lot is full and requires an urgent upgrade. Unit B’s power comes through our power board as well. Unit B has a meter and contributes to power usage but has no power source of its own. This is noted on the Certificate of Title.

Is the strata company or the owner/landlord responsible for the cost of the upgrade?

Strata Insurance and AGMs for a Small Owners Corporation

By admin,

Our owners corporation (OC) is a three lot subdivision in Victoria. Thanks to the developer, our lot entitlements are not split equally.

We recently voted to insure our lots individually. The OC will insure the common property grounds, e.g. the driveway, subterranean stormwater and sewerage, mailboxes, smart meter box and boundary fence.

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