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Coming up to the end of the year, our last newsletter for 2018 will be issued on 19 Dec and the newsletter will return for 2019 on the 16 Jan.

HOLIDAYS: Our office will be closed midday 19 Dec - 14 Jan.

We are looking to introduce a Strata Positions Vacant section in the newsletter in 2019. This will be a free service and open to subscribers of the Strata Life Newsletter. For more details, contact me here.

Don't miss our comprehensive .... and growing .... list of Upcoming Strata Events + Latest News + Have Your Say - found at the very bottom of the newsletter. 

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Latest Articles

NSW Strata Visitor Car Parking

NSW: Strata visitor car parking angst, a common source of resident disquiet!

Leanne Habib, Premium Strata
Question: A lot owner has a very regular visitor who has been given a security pass to our garage and his car is regularly in our single strata visitor car parking spot. He has become quite territorial about the space. How do we handle this?

Read More
Auto Clamp
QLD Bullying

QLD: Bullying in Strata! Some Lot Owners are Extremely Unreasonable

Frank Higginson, Hynes Legal 
Question: We feel have been experiencing bullying. Some of our onsite owners have zero respect for us and enjoy bullying and treating us like dirt. They are unreasonable with their requests. How can we best handle this?

Read More
WA Voluntary or Worker?

WA: Voluntary Work? How about if you’re getting paid? Are you covered?

Leonie Milonas, PSC Property Lync Insurance Brokers 
Question: We have a lot owner asking to mow for a fee. For insurance purposes, are they classified as a volunteer, carrying out voluntary work, or a worker / contractor? How will this affect our insurance?
Read More
NSW Common Property Defects

NSW: Q&A Reimbursing Lot Owner for Repairs Due to Common Property Defects

Leanne Habib, Premium Strata
Question: Due to a common property defect, my tiles were damaged in an area on my verandah. As the tiles could not be matched, the whole space must be retiled. Should the OC pay for all work?
Read More
TAS Keeping records of the AGM

TAS: Q&A How long should we keep records of the AGM?

Janene van Maanenberg, Professional Body Corporate Management
Question: How long do we need to keep records of the AGM, specifically the Financial Reports & Secretary’s Report?
Read More
Strata Vault
Unsafe Cladding Class Action

Unsafe Cladding – Class action to recover compensation for building owners

Gavin Beardsell, IMF Bentham Limited and Bill Petrovski, William Roberts Lawyers
We intend to commence an Australia-wide Class Action on behalf of building owners to recover compensation for the cost of rectifying PE Core Cladding and other associated costs with the rectification (whether incurred or not).  The class action is open to affected property owners with unsafe cladding on their building.

Read More
QLD Airbnb

QLD: QCAT considers short term letting by-laws

Frank Higginson, Hynes Legal 
The whole argument about short-term letting in Queensland strata law hinges on a section of the Act.  Adjudicators have been very consistent in their interpretation of that so far as it relates to whether short-term letting is a residential use. QCAT has now conclusively determined whether the interpretation adopted by adjudicators has been right.
Read More

Last Edition's Star Article

Solar for apartments

NSW: Solar for Apartments – Power to the (Strata) People

The LookUpStrata Team
Question: We are looking into solar panels for apartments. As all roof areas are invariably common property and there are both good (solar efficient) and not so good areas on any roof structure, how does the strata committee go about defining where individual lot owners can position their solar PV panels?

Read More

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Strata Insurance Solutions

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Selection of Recent Comments

QLD Cladding

Queensland cladding laws: The cladding bus has left the station

Article by Frank Higginson, Hynes Legal
Sandra St Ledger: We are a class 2 building of 16 floors but the building dates to around 1988. The legislation with respect to the “Compliance Zone” is confusing. Does the building age (definitely pre 1994) mean we are exempt from stage 1 or is the “Compliance Zone” made up of all buildings in any 1 of the 3 stated categories?

Read More
QLD Meeting Minutes

QLD: Q&A Accuracy of Body Corporate Committee Meeting Minutes

Answer Supplied by Frank Higginson, Hynes Legal 
Sue Ekert: No Committee Meetings are held at Regatta Riverside Tower 1 at all for over two years now. Occasionally we receive copy of a VOM.

Correspondence is not responded to and the caretaker has controlled the election of committee for years, despite Lot owners endeavouring to become committee members. What would you do to remove caretaker controlled committee members?

Read More
QLD ByLaw Enforcement

QLD: The golden rules of by-law enforcement

Answer Supplied by Frank Higginson, Hynes Legal 
Vicki Starmer: We have an owner who has put up shutters without written approval. This person is on the committee and is aware that they need to have approval for additional blind and awnings.

We have spoken to her as a committee at one of the meetings, however, she refuses to remove them. Our body corp management company has said it would be difficult for us to make her remove them, but we are concerned that it will set a precedent for the future. Any suggestions?

Read More

News of the Week

NSW Kick out car park owners

NSW: Sydney apartment owners lose final bid to kick non-residents out of car park 

Sue Williams, Domain
Apartment owners in one of Sydney’s top blocks who tried to lock out non-residents who’d bought car spaces in their building – some up to 40 years ago – have lost the final round in their battle to kick them out.
VIC Tiny Apartments

VIC: Tiny Melbourne apartments may need to be a tiny bit bigger after VCAT ruling

Jim Malo, Domain
Victorians living in small apartments may soon have more space to cook meals and entertain their guests, after an apartment standard was tested for the first time.
NSW Quay Apartments

NSW: Sydney apartment owners face $12.5 million bill to remove flammable cladding

Frank Chung,
Hundreds of apartment owners could take legal action after being told they may be forced to cough up $45,000 each.

NSW: Get Involved

Sign up for the City of Sydney's new food scraps recycling trial

“We’re looking for apartments and houses to take part. If you live in an apartment, we need to know about your building and its waste and recycling facilities. We’ll need a contact for someone managing your building, such as you building manager, strata managing agent, or the secretary of your building strata scheme.

“My tip is to start the process sooner rather than later so you can get the details you need and still meet the registration deadline.”

Expressions of interest to participate in the food scraps recycling trial close on Monday 31 December 2018.

Breaking News

Off-the-plan units warning as more buyers settle at lower valuations

NSW: Bulgari's Sydney store sold for a record $50m plus

QLD: Teenager from NSW dead at Schoolies end of year celebrations on Gold Coast

VIC: Strata Reforms: Pay higher owners corporation fees for putting your apartment on Airbnb? It could happen in Victoria

Strata Threatens to Arrest the Tenants of Apartment Block That Lost its Roof Last Week

Now Labor can work with residents

Families join downsizing trend to take advantage of inner-city lifestyle

More townhouses are coming to a middle ring suburb near you

ACT:  'Really dodgy set of circumstances': Owners' legal action over defects

Prominent ACT developer facing court action over allegedly poor work

WA: New Strata Laws Mean More Freedom [PODCAST]

Cars clamped, drivers stung big fees in Scarborough parking crackdown

Report recommends more multi-residential construction in WA

Frustration at opposition to South Perth high rise [PODCAST]

Doric Group claims early win in Rivershores apartments legal feud

Strata reforms now law

Upcoming Events

New South Wales

SCA (NSW) - Strata Community Title Committee Training Course Chatswood: 19 & 26 Jan, 9 am – 1:30 pm

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