Strata Life

🔍 Is your strata committee doing things by the book? From missing meeting minutes to murky decisions, poor governance can cost owners big time. In Season 3, Episode 32 of Strata Life, we dive into governance gaps, transparency red flags, and how to stay compliant under Victoria’s strata laws. 🎙️ Tune in to get legal tips and real-world insights that protect your property and peace of mind. 📍 Based in Melbourne? Need help navigating Owners Corporation Act compliance, committee obligations, or resolving strata disputes? We're here to help. #StrataGovernance #OwnersCorporationCompliance #StrataTransparency #CommitteeAccountability #StrataDisputeResolution #MelbourneStrataLaw #StrataLegalAdvice #OwnersCorporationAct #StrataCommitteeTraining #StrataCompliance2025 #StrataLawyerMelbourne #StrataReforms2025 #StrataCommitteeEthics #StrataManagementBestPractices #StrataLifePodcast

🚗 Strata Parking Problems? We've Got You Covered! In Episode 31 of Strata Life Season 3, we unpack real-life parking disputes and how strata law in Victoria helps resolve them. From by-laws to common property confusion, this one’s a must-listen for owners, tenants, and committee members! 🎧 Tune in now for practical legal tips and smart solutions to keep your community moving smoothly. I will be talking about one of the most common issues in living in strata community and that is parking disputes. The misuse of parking spaces such as residents using guest parking or parking in spaces not allocated to them can absolutely create frustration and disrupt the daily lives of residents. An example of it would be a resident parking and a guest parking spot for an extended period of time causing inconvenience to others who need a space. So, what I do suggest that the strata community or committee deal with these types of issues is to enforce the parking rules, giving warnings and fines where they are able to in their respective state legislation for violations. They could also consider adding signages or using parking permits to better manage the parking spaces. So, if that's your strata community and you are in the committee, these are the choices. And by giving the warnings and if there is power to give fines, to grant fines, maximize those rights if your strata community has the right. The signages would definitely help. Also using a permit system is another way to manage better the parking spaces. If it's private parking spaces, you can encourage the parking owners, if it's private parking space, to pull up those boulders that they could install that would hinder others using their private parking space if they would like to put in some budget into that. There are definitely ways to deal with the parking disputes. It's just a matter of identifying what is available for your Strata community and carrying through with those plans. #StrataLife #ParkingDisputes #StrataLawVictoria #OwnersCorporation #MelbourneStrata #StrataManagement #BodyCorporate #VCAT #StrataBylaws #CommonProperty #StrataLegalAdvice #MelbourneLawyer #StrataSolutions #CommunityLiving #PropertyManagement

🏢 Strata Life Episode 30 is LIVE! Is your common property maintenance up to legal standards? ⚖️ Let’s talk strata law, body corporate duties, and what every Victorian property owner needs to know! 💡 🎧 Tune in now to get expert insights from our strata legal team—because when it comes to Melbourne strata management, compliance matters. I want to cover today common property maintenance. Disagreements usually arise in respect of maintenance of common property that relates to gardens, hallways, and pools. It often arises when some residents feel as if it's not being properly maintained or others think the cost is too expensive to repair and maintain them. So, an example of it would be a communal garden that it becomes overgrown and residents complain that the garden is not being maintained properly. Some residents could also argue that the costs are too high for the upkeep. One way that the committee, the strata committee, could address this is by conducting a survey to get the opinion on the garden's maintenance from the owners. They could negotiate with the owners a reasonable maintenance schedule and cost sharing approach based on the building's needs and preferences. And most importantly, it is not just on the committee to make the decision or bear the burden on their shoulders. This is also an opportunity in carrying out the survey for the committee to understand what the rest of the strata community feels about the types of issues and decision making. It is also an opportunity for the committee to have a conversation with the rest of the owners and make a decision so that they could have a joint and goal as a community. So keeping in mind that the conversation should really continue so that the committee would not only carry the burden of the decision but could also have that conversation with the rest of the audience. #StrataLawVictoria #CommonPropertyMaintenance #OwnersCorporationCompliance #StrataLevies #MaintenanceFundPlanning #StrataLegalAdviceMelbourne #BodyCorporateResponsibilities #StrataDisputeResolution #VictorianStrataRegulations #StrataByLawsEnforcement #StrataManagementServices #StrataPropertyLegalGuidance #OwnersCorporationAct2006 #StrataFeeRecovery #StrataComplianceVictoria

🎙️ Fur babies vs. by-laws? 🐶🐾 It's the debate shaking up strata communities across Melbourne! In this episode of Strata Life, we dive into the legal ins and outs of pet ownership disputes, common property rights, and how strata rules really work under Victorian law. 🏢 If you live in or manage a strata property — this one’s for you. Let’s clear the confusion and protect your rights the smart way. I want to cover in this episode disputes over pet ownership. Strata communities often have strict pet policies that residents may disregard leading to conflicts that relate to noise, damage or unwanted animals in common areas. So, an example of it would be a resident bringing in a large dog, even though the building's bylaw restricts pet size. Other residents complain about the dog's behavior and hygiene. So, what could happen or what could occur is that the committee would investigate and issue a formal notice for compliance from the owner, from the resident, about the pet to comply with the bylaws so that that would allow the resident to rehome the pet or apply for approval. They also conduct a review of the pet policy and improve communication around it. So, it's important on the strata community side that there's an opportunity provided to the resident when it comes to compliance with the bylaws. An initial warning or a breach notice, followed a final breach notice that gives a fair opportunity for the pet owner to rectify the misconduct or misbehavior. Where it's clear that there is no intention to comply with the bylaws or rules. That's when the committee will make a decision to take further action. Now in respect of the pet owner, it is your responsibility that you bring into the strata community. A pet, it is your responsibility to be informed of what the bylaws or rules are when it comes to managing a pet, especially when they're using the common areas. So, to manage and avoid or reduce disputes over pet ownership. The strata community should provide reasonable opportunities for the pet owner to rectify the issues, and the pet owner should be aware of the rules that they ought to comply with since they're living in a strata community. #StrataLife #PetDisputes #StrataLawVictoria #OwnersCorporation #VCATDecisions #PetBylaws #StrataManagement #MelbourneStrata #StrataLiving #PetFriendlyStrata #StrataDisputes #LegalAdviceVictoria #MelbourneLawyer #PetOwnershipRights #StrataPets

🎧 Strata Life S3E28: Unauthorised Renovations – Know Your Rights! Renovating without approval? It could cost more than you think. 🚫🔨 Discover how to manage unauthorised works legally and protect your strata community. In today's session, I want to cover unauthorized renovations. I understand that residents sometimes carry out renovations without first asking the approval from the strata committee that could lead to risks, safety risks, damage to shared spaces and violations of the building codes. So, an example of it is where a resident would knock down internal walls of their apartment or unit without the approval of the strata community. The renovations could impact on the building's plumbing and wiring and causing disruptions to other units. And how should this be dealt with? Well, the strata committee could require that the renovations be reversed, and repairs be made to common areas. and they update the renovation policies as well. The strata community could do that and require more stringent checks and clear communication about the need for approval before modifications. So, it's important that the strata community looks into the rules in respect of the procedures. Not only that, I do recommend that even during the annual general meeting, which is once a year, opportunity for all owners to get together, that Items that are required in accordance with the bylaws or rules in respect of renovations carried out within one's unit or apartment is addressed at that AGM. That way it is clear to all residents and owners that there are certain rules that need to be complied with or bylaws that need to be complied with when it comes to carrying out renovations because it could impact the whole development if the appropriate steps are not carried out. For example, a written consent may be needed from the strata community. So that is what I want to cover for today's session in respect of unauthorized renovations. #StrataLaw #UnauthorisedRenovations #BodyCorporateVictoria #StrataManagement #MelbourneProperty #PropertyCompliance #RenovationRules #StrataDisputes #BuildingApprovals #StrataLawyer #StrataLiving #OwnersCorporation #LegalAdviceMelbourne #RCandCoLawyers #StrataLifePodcast

🎙️ Strata Life S3E27: Disputes Amongst Residents Conflict in your building? From noise complaints to boundary issues, resident disputes can escalate fast. In this episode, we break down strata dispute resolution, owners corporation obligations, and peaceful co-existence—with expert insights tailored for Victoria’s strata laws. 🏢⚖️ 🎧 Tune in to stay informed, avoid legal pitfalls, and foster better community living. I want to cover disputes among residents. Conflicts often arise because or due to noise, harking, pets, and the misuse of common areas. Such disputes can create tension between the community and require mediation or intervention by the strata community or its committee. It's important that where a dispute arises, the procedure of the dispute resolution, and that's usually set out in your relevant state's legislation on the dispute resolution procedure. But what is common in the principles of these types of disputes is that where you want to trigger that the strata community needs to be involved, you need to make sure that you file a complaint. And the complaint, if required by your state legislation to come in a prescribed form, you make sure that you use that prescribed form and also set out the background, include in the complaint of the background. The steps that you have taken to try to resolve this directly with the person you have an issue with, if it's practicable and also proofs as to your allegations and what outcome you want to achieve. But it's absolutely important that where you are able to, try to deal with it first, directly with that person, if possible. And if that's not possible, you should also include that in your complaint as to why it's not possible or not practicable for you to address that directly with the person you are complaining about. The proof should be included and you must so that you can demonstrate that you are serious with your complaint and you are serious about getting an outcome or achieving an outcome whether it's through the procedure or whether you want the strata community to take further legal action it's absolutely important that you add evidence to your complaints so it's a procedure but at first, the onus is on you to make sure that you establish a complaint and the evidences that you have and then follow through and monitor how long the strata community has to come back to you in respect of their decision as to whether they're going to do something or they will not do something. They do have an obligation to inform you as to the reason why they will or will not enforce the bylaws or rules. #StrataLaw #MelbourneStrata #OwnersCorporation #StrataDisputes #StrataManagement #PropertyLaw #CommunityLiving #LegalAdvice #StrataLiving #MelbourneLaw #DisputeResolution #LegalGuidance #StrataLawyer #PropertyManagement #VictorianLaw

🔧 Strata Life: Tackling Maintenance & Building Defects with Confidence! 🏗️🏢 Building defects and maintenance disputes can be a legal maze! 🌀 Our latest Strata Life episode unpacks owner vs. OC responsibilities, defect claims, and compliance under Victoria’s strata laws. ✅ 🎧 Tune in now for expert legal guidance on strata laws in Victoria, Melbourne! Let’s protect your property and rights together. ⚖️🏡 I want to focus today on maintenance and building defects. It's important that those who live in strata communities and those who are also in the committee to understand the difference between repairing and maintaining common property because they would like to do it or repairing or maintaining the common property because there's a legal obligation to do so. In respect of defects, that is a whole different topic that I will talk about very shortly. But I do want to highlight that there is an obligation for strata communities to make sure that we're particularly an expert. Let's say it is a caretaker or the essential service provider makes a recommendation that there's a repair and maintenance that needs to be carried out. The strata community should not ignore that. Based on my experience, where it is ignored, there could be serious ramification and significant expense that is the strata community is faced with. Not only that, there's also legal obligations to make sure that the integrity of the common property and the development is repaired and maintained by the strata community where common property is impacted. The strata community has an obligation to make sure that the residents are safe. So that said, it's not about whether it's expensive or not. There is a legal obligation to repair and maintain common property and that ought not to be ignored. Now in respect of defects, I understand that and have seen that significant defects cost a lot. But there is an obligation for the strata community to make sure that they mitigate the risks in respect of those defects. What does that mean? It means that to the extent that the strata community is able to, temporary repairs and maintenance ought to be carried out and not just simply wait for the builder until the builder fixes it. Because sometimes it's necessary to issue legal proceedings because the builder does not come to the table or denies that they are liable to fix it. So, whilst that is happening, whilst the strata community is going after a builder, it's important that they mitigate the risk by carrying out at least to the extent that this possible works, whether it's temporary or permanent, to mitigate the risks in respect of property damage and safety to persons, so don't ignore that. #StrataLawVictoria #BuildingDefects #OwnersCorporationRules #PropertyMaintenanceLaws #StrataDisputeResolution #DefectLiabilityPeriod #StrataPropertyRights #OCvsOwnerResponsibilities #BuildingComplianceMelbourne #StrataRepairs #LegalAdviceForStrataOwners #VictoriaStrataRegulations #StrataInsuranceClaims #CommonPropertyMaintenance #StrataLegalExperts

🌟 Strata Life: Navigating Rising Costs with Smart Financial Management! 💰🏡 Strata fees are climbing, and financial management is more critical than ever! 📈 Our latest Strata Life podcast unpacks cost-saving strategies, budget planning, and legal insights to keep your strata community thriving. 💡✅ 🎧 Tune in now to stay ahead with expert legal guidance on strata laws in Victoria, Melbourne! Let’s secure your financial future together. ⚖️🏢 Today's episode, I want to talk about what has been quite frustrating for strata communities, particularly owners, when it comes to raising levies and that is on financial management and rising costs. Mismanagement or insufficient funds for maintenance can absolutely lead to increasing levies or special assessments. That includes rising insurance premiums, and the cost of repair could also contribute to financial pressure. What I do recommend to committees in strata communities is to consider putting a capital fund budget, also known as reserve funds budget. I would also like to encourage strata communities to put in contingency fund. Why is it when they are passing a budget at the annual general meeting. Why is that absolutely important? So that you're not shocked throughout the year of special levies. Special levies are very upsetting. These are usually levies that are issued once off or on periodic times because a certain budget needed to be raised as a result of an incident or a circumstance. More often than not, this includes unplanned maintenance or repair or special expenses to hire an expert. Whether it's a legal or a building or engineering expert, a special levy would likely be needed. And that causes, understandably, anxiousness among slot owners. To avoid that, it's important that the strata community consider not to budget the exact amount needed for that year based on last year's budget, but to put aside money or savings for any emergencies to avoid special levies being issued. Even a contingency part of the budget, healthy would be about between 20 to 25%. So that in the event of emergencies, the Strata community could use those extra funds rather than raise a special levy. So, remember to maintain throughout the year financial health of the Strata community, put away some money as if it's savings to avoid any special levies or at least to reduce any special levies that may be needed throughout the year. #StrataFinancialManagement #RisingStrataCosts #OwnersCorporationVictoria #StrataBudgetPlanning #MelbourneStrataLaws #StrataFeeIncreases #OwnersCorporationLegalAdvice #StrataComplianceVictoria #CostEffectiveStrataManagement #StrataPropertyInvestment #StrataLevySolutions #LegalInsightsForStrata #PropertyLawVictoria #OwnersCorporationRegulations #SmartStrataGovernance

🐾 Can Strata Ban Your Furry Friend? 🏢⚖️Strata laws in Victoria are evolving—can committees legally say no to pets? In this episode of Strata Life, we uncover the legalities, owner rights, and what VCAT has to say! 🎙️🐶🐱🔹 Know your legal rights🔹 Strata by-laws & pet policies🔹 How to challenge unfair rulesStay informed, protect your rights, and ensure a pet-friendly strata living! 🎧✨In this episode, I want to talk about the question ultimately asked by those, especially who are new in living in strata communities. And that is, is it illegal to ban pets in strata community, environment communities? And the answer to that question is it depends. It depends if the pet is causing a nuisance and there's usually three key reasons or three key causes in having a strata community declare that the pet is a nuisance. Number one, if you leave your pet on common property and it just leaves a mess, you're not cleaning up after the pets and you're just leaving it to wander around the development, leaving feces around or even near in your lot that is causing awful mess and smell, and that hinders others from enjoying their common property. The second one is if your pet is causing excessive noise that is causing others to no longer enjoy living in the community, that could cause them to make a complaint. That is another reason that that could be a cause of your pet being banned. And finally, safety. At all times, you must make sure that whilst on common property, your pet is in a lead. Yes, of course, we all think our own pets are safe, but you just really never know how they behave. So, as an owner, it is your responsibility to make sure that they are always in the lead whilst on common property. Follow all that to make sure that not only is your pet safe, but of course, your neighbors, your fellow residents and co-owners must also feel safe, and they have a right to enjoy common property and you would too if you follow those three key things in managing your pet. Remember as an owner it is your responsibility to make sure that your pet is safe and also the residents and the community. So, is it illegal to ban pets? No, it's not illegal. It could be just don't give them any reasons. They mean the strata community. Don't give them any reasons to ban your pet from the development. #StrataLawsVictoria #StrataPropertyRules #PetBansInStrata #VCATStrataDecisions #MelbourneStrataManagement #StrataByLawsExplained #PetFriendlyApartments #OwnersCorporationRules #LegalRightsInStrata #StrataDisputeResolution #TenantRightsInStrata #BodyCorporateRegulations #NoPetPolicyLegal #StrataComplianceVictoria #ApartmentLivingWithPets

📈 Strata Life Episode 23 🎧Facing rising insurance premiums as a landlord? We've got practical tips and legal insights to help you manage costs effectively. Stay informed, stay protected!For today's episode, I want to delve on what I've noticed is increasing in the strata industry and that is about the struggles in managing the increase of insurance premium. I want to highlight three things that you should note in respect of how to avoid or at least manage increase in your strata premium. An increase in strata premium means an increase in your levy. One of the things is regularly repairing and maintaining common property. The key word there is regularly maintain and that avoids increasing claims, which ultimately impacts increase in strata premium. The second thing I want to address is avoiding risks that your strata community is going to be open to, and when I say risks, risks are different types that relates to common property, legal liability and financial exposure. And so that means where there are issues that arise in your strata community, particularly if you're in the committee, you should find ways to mitigate the risks because if it's ultimately not mitigated, your strata insurance won't come in to save you. And finally, what's been rampant recently is an increase in insurance denial where there's a tobacconist in your development and other risky business-like tattoo parlor, but that's another one. So what I've noticed is that there could be denial in being covered by insurance or an increase in the strata premium. And with that, do keep in mind that when it comes to strata insurance, it is the history of the claims. It is giving warning to your strata community if there's going to be an increase in insurance. So that means communication, a checklist in your maintenance and repair of the strata community are absolutely important to manage increase in strata premium of insurance.

🏢 Strata Life S3E22: Electing a Proactive Committee! 🏢 A well-managed strata starts with the right leadership! In this episode, we break down key legal insights, compliance essentials, and pro tips for electing a committee that works for you, not against you. ✅💼 If you’re navigating by-laws, owner disputes, AGM decisions, or governance challenges in Victoria, Melbourne—this one’s for you! 🎙️🔍 📢 Tune in now and future-proof your strata community! Welcome to Strata Life Podcast! I would like to talk in this episode with you today about electing a proactive committee. As owners, you have a right to select who should be active in, who should be elected in the committee. And it's important for you to have a say. This starts off with you making a decision to attend your annual general meeting because that's where the committee members are elected. Choose if they're going to be proactive and if they're going to be making decisions for the best interest of the strata community. If you are silent, if you don't say anything. If you do not attend the annual general meeting, your views will not be heard. And if in your view, a particular committee or set of committee or members elected in the committee is not proactive, you have actually allowed that. So, I do encourage you, owners. attend your annual general meeting or appoint a proxy to speak on your behalf so that you have a say and could achieve an election of a proactive committee. And a proactive committee, in effect, would make decisions for the betterment of your strata community, which means protecting your investment. I hope this episode gives you some reflection on how to appoint or elect a proactive committee. #StrataLawVictoria #OwnersCorporationRules #StrataManagementMelbourne #AGMStrataMeetings #CommitteeElections #ByLawsCompliance #StrataGovernance #PropertyDisputeResolution #StrataVotingRights #ProactiveStrataLeadership #LegalAdviceForStrata #MelbournePropertyLaw #StrataOwnersRights #OwnersCorporationAct #BuildingManagementTips

🏢 Strata Life S3E21: Levy Arrears & Your Legal Rights! ⚖️Are unpaid strata levies causing stress in your Owners Corporation? 🤯 In this episode, we break down levy arrears, debt recovery, and your legal rights under Victoria’s strata laws. Stay ahead with expert insights on Owners Corporation management, avoiding disputes, and protecting your property investment.💬 Got strata questions? We provide legal guidance to keep your community running smoothly! DM us or tune in now. 🎧✨ In the last episode, I talked about high strata community levies. I'm going to cover now what's somewhat related; levy arrears that I would like owners to avoid. Strata communities, raise budget for future expenses. This is important for you to understand. That means that if there's budget protected and your share is not collected, what's going to happen is not only you but the rest of the owners would be impacted by that. And a once-offer special levy would have to be raised to cover what you have not shared. So, it's important to avoid levy arrears. But I understand it's not easy. What do we do? Even before you receive that final notice from the strata community and you already know that you may be struggling just for this period of time, already propose a payment plan and request for penalty interest not to be charged. Of course, you have to give them reasons as to why your payment is going to be delayed or it would have to be paid in staggers. Provide proof so that you can demonstrate that you're genuine with your situation, you're truthful about your situation, and you're genuine to resolve. the levy arrears as you address them. So, and this means not to be reactive and wait for a lawyer's letter demanding that you pay in full because it becomes more difficult for you. Remember, you have two things that you can do. Propose a payment plan and or ask for the penalty interest to be removed at the end of the day and provide supporting proof of course to this situation and comply with the payment plan that's been on. to show genuineness that you want to resolve the issue. At the end of the day, please keep in mind as well that it's the Strata community who need to consider whether they would accept your proposal. But you're always entitled to make those proposals. Hopefully these strategies will help you, but best to avoid it, the levy arrears. #StrataLawVictoria #LevyArrears #OwnersCorporation #StrataDebtRecovery #MelbournePropertyLaw #StrataLegalAdvice #BodyCorporateFees #StrataManagement #PropertyLawVictoria #OwnersCorporationDisputes #StrataCompliance #DebtCollectionStrata #MelbourneStrataLaw #StrataGovernance #LegalGuidanceStrata

In this particular episode, I want to talk about the reasons why there are high strata community levies. Not a very pleasant topic, but it's important to understand why strata community levies are high or why would they increase significantly. Strata community levies are raised for three key reasons actually. One is for daily operations. The second is for maintenance or capital expenditure. And the third one is for wants of needs or specialties. Let's start first with the first one, which is the daily operational items. This includes a big chunk would be your insurance premium, which would cover your building insurance and your public liability insurance. It would also include your strata manager's fees, the daily repair and maintenance expenses. If you have certain contractors that you hire, such as the caretaker or building manager, or just contractors that you appoint from time to time, that would also be included in the daily operation expenses. It's also called administration monies. The second one is the maintenance levies. This is where it's planned. There's a list of items that would need repair and maintenance in the future. It's like usually these are big projects. So, it's like savings for projects that the strata community would be doing in the future. And the way that the maintenance levy is spent is in accordance with the plan. For example, if there's a big project such as upgrading the common garden, replacement of the lift, usually these huge items. are part of a maintenance levy or a capital expenditure levy. And the third one is where there are certain circumstances that have not, that needs to be addressed, and funds need to be raised that were not in the original approved budget passed at the last annual general meeting and they're called the once-off for special levies. These special levies could cover, for example, immediate repair and maintenance, if there's legal proceedings on foot, legal costs, if there's experts that need to be hired for certain urgent repairs or issues that need to be addressed, payment for those contractors or professional service providers. Those are the ones of levies. You should attend the annual general meeting or general meetings or any meetings. Or, if you cannot attend those meetings, appoint a proxy if you want to be heard. You can have your proxy speak on your behalf, or if you just can't send someone and you don't want to attend, read your general meeting notices and your general meeting minutes. That way you know what's going on and you're not just reacting. You're being proactive.

I want to talk to you in this episode about noise control and noisy neighbors in a strata community. When there are allegations of noises caused by neighbors, it is on the complainant to prove that the noise is unreasonable. This means that a once-off noise would be insufficient to get the attention of the strata community. Getting proof means sufficient proof. And there needs to be a demonstration that it's repetitive and it's no longer, or it's hindering you from enjoying your property. So, this means this could include noises that are caused when it's already sleeping hours, especially during working hours, or pass a certain time, if it's the weekends. Do investigate your local council's rules when it comes to what noise is permitted within certain periods of time. And that could be the start of you identifying whether there's been unreasonable noise caused by neighbors and gathering all evidence. And that demonstrates, that means and includes recording times and dates so that you can demonstrate that it's been going on too much and it's no longer reasonable. Once that's put together, your proofs and your timetable of how often has been happening, you can then lodge a complaint with the strata community to trigger the dispute resolution process. This way, your complaint in respect of noise issues or noisy neighbors, is paid attention to by the strata community. And it's important to note that these noisy neighbor issues would usually be paid attention to by the strata community if it's happening within your development. It's another discussion, but there are legal remedies for that available to you if it's another neighbor outside of the development.

What is Strata insurance’s role in dealing with resultant water damage claims? One of the things that I want to point out is that it's absolutely, absolutely important that you first identify if there is an exclusion in your Strata insurance policy about water damage claims. Usually, there is an exclusion if the Strata insurer has identified that there is an ongoing and significant defects in the building where that's identified and there has been significant claims in the history of your development, there is a likelihood that the strata insurer dealing with the resultant water damage claims would be an exclusion, meaning no claim could be made that relates to resultant water damages. However, if such exclusion does not exist, there is an obligation for the strata insurer to deal with and accept a claim for resultant water damages. However, that is on the condition that the source of the water damage is first rectified permanently. And that could be done and that could be proven by the strata community and/or yourself once an expert report confirms in writing that the source of the water damage is now permanently fixed. That's when the strata insurance claim kicks in and it would be the strata insurance claim that would be dealing with and paying for the resultant water damage.

In this episode, I want to cover modifying common property, renovations and building issues. When it comes to altering or making alterations to common property, renovations and where there are building issues, the strata community needs to understand that everyone needs to be involved. To an extent where there's an executive committee or a committee. Especially when there are significant amounts of money. Even though it's within your rights to raise those funds, it's important to not keep the rest of the owners in the dark when it comes to the works that's being carried out. Inform them of the benefits that the work is being carried out. Obviously, if it's required by the relevant authorities, inform them of that and continuously keep them informed. This also includes holding information nights. Regular information nights, whether one or two or many turn up, keep issuing them and keep reminding them of that just because there's silence within the rest of the lot owners doesn't mean they're not reading. But if they do raise an issue, you could demonstrate as a committee or executive committee that you are actually holding this information sessions regularly even though not many of them show up. Involving the rest of the owners, keeping them informed about modifying common property, renovations and building issues, so that they're aware of what's going on and everything that relates to the impact where they have to contribute financially and where it impacts their rights, they should be absolutely involved. And that's the reason why it's called Strata Community. I hope that this will give you and shed some light to you in how to manage dealing with works that impact common property. Particularly modifying it, renovating it, and also where there are building issues.

Today, I want to talk to you about the usual question as to why should I attend an annual general meeting? There are four key reasons why you as a member of the Strata community should attend annual general meetings. One, you need to be involved in the decision-making of the Strata community. That would impact the next 12 months and probably even more. By being involved, you realize that you will impact the direction of the strata community. So that's the first reason which is being involved in decision-making. Second decision. A second point is it gives you an opportunity to be heard. There is no point in expressing your views outside of the annual general meeting when you do not give yourself an opportunity to be heard by the other members of the strata community. Be heard but be heard at the right forum which is at the annual general meeting about your views, so that others can consider your views prior to voting on the motion. Third, you also need to understand what has happened in the past 12 months and where the current circumstances of the strata community are. That way, you could also make a better and informed decision on matters that are put forward. For a resolution by the strata community. And finally, four, it gives you an opportunity to nominate yourself or be nominated to be part of the committee who will make the day-to-day decisions on behalf of the Strato community for the next 12 or so months. You get a say on the daily operations. That is an opportunity for you, and that is done at the annual general meeting.

For this episode, I want to talk about smoke drift in apartment blocks. It's a rule within Australia that most closed or enclosed spaces would no longer permit smoking. This is now getting adopted within strata communities; allowing strata communities to create rules that surround it. In standard by-laws or rules within strata communities, there are now rules or by-laws that provide a general provision on smoke drift which says that an occupier must not permit smoke drift to reach someone else's lot. If you are one who is concerned that it would reach another block. You should consider altering activities so that you don't get a breach notice. Also, check open spaces within your lot that expose or allow smoke to drift to reach common property or someone else's lot. Smoking within your lot that would risk reaching someone else's lot is a risk. And so, the responsibility is on the person who is smoking to be sensitive of this. Don't wait for a breach notice to be issued to you. Don't wait for someone to complain. Be proactive already so as to avoid this. Because I am telling you now, smoke drift within apartment blocks is actually within by-laws, standard by-laws, and rules of the strata community. It's really just being proactive to make sure you don't have this issue.

Today's session, I want to talk to you about how residents could deal with smoke drift issues. This usually happens where in strata communities where they live in close proximity and from time to time, you would have neighbors who would be smoking on the common property or within their lot, but it would unfortunately still reach those residents who do not want smoke drift to reach them. In most states in Australia, there are already within the rules and bylaws. The requirement for residents to take all reasonable actions to not have smoke drift reach another lot or the common property. But if that persists, what are your options? I always say it's best to first address the issue with the alleged offender where you assess that it's appropriate. For you to talk directly with the neighbor, take that opportunity. Don't just tell them “Stop smoking”or “I'm not enjoying the smoke drift that's reaching me.” Have them understand the situation as to how it is actually impacting your enjoyment of your unit or apartment. Having these types of discussions, you're actually able to take a hold of the situation so that they can better understand. But I do understand that there are times where it's not appropriate to approach the residents about that ongoing issue. Where you decide to lodge a complaint with the strata community because you want them to do something about it, such as enforce the rule or by-law, it is absolutely important, in my view, that you accompany the complaint with a medical certificate to explain the reason why this should actually stop. By you addressing the complaint to the strata community, you are actually taking it in a level where you demonstrate that you're quite serious. And in my view, if there is a medical certificate or a thorough explanation as to how you are no longer enjoying enjoyment of your property, so that it is addressed to them and they understand why they should enforce the by-law or rule and require the resident to stop smoking and allowing smoking to the extent that it allows the smoke drift to reach your unit or apartment or even the common property. But remember where there is an opportunity for you directly talk to the person causing the smoke drift, take that opportunity. And when you’re told it's not appropriate, prepare supporting documents and information so that the strata community can make an informed decision as to whether they should enforce that particular by-law or rule.

Living in a strata community usually has to deal with limitation of parking spaces. Before you move into a strata community development, it's important that you understand parking spaces and the strata parking rules. This all depends on your personal preference and your personal circumstances. This also depends on how often you receive visitors. Parking spaces would relate to your constant use of particular common parking spaces. This also could relate to your visitors' use of the parking spaces. And there are strata parking rules that usually govern these spaces. But the general one says that parking should not obstruct others' enjoyment of common property, meaning the parking spaces have to be used. And this also means that if there's limitations in time when it comes to using visitor parking spaces, they should also be observed. What's important is you as a resident or you as a landlord, you both need to be aware about the strata parking rules. And also determine whether these types of parking spaces limitations fit your personal situation. There are rights within Australia in respect of strata communities enforcing parking rules, but if in doubt if a parking rule is invalid, whether a parking rule is valid or invalid, it's important that you seek expert advice in that regard. Keep in mind when it comes to parking spaces to avoid conflict, understand the limitations and parking spaces and also understand the parking rules.

When it comes to water damages, the key thing that needs to be determined is where is the water coming from? It sounds like a simple question, but it becomes complex when you involve experts and they will explain to you that there are different ways to test where the water is coming from. And it's not a simple test either. And it could be coming from multiple properties. It could be coming partly from common property or private property. There are also different ways that water leak is tested. They are the dye and water thermal tests. Also, there are methods of observing where the mold is coming from. These are just some of the many types of tests that could be carried out and the first thing they do is ask the question. These tax reports are not straightforward, but that's actually the purpose of a report. Once that's been identified, if it's identified if it's from private property, the owner's rights is to make a claim against the owner of that private property. If the leak is coming from and or common property, an owner may have a claim against the owner's corporation, but it would not be sufficient where it is you, the layperson, would be identifying where the leak is coming from. Even if you were an expert, it is in the best interest that you get a report that is independent from an expert who can identify and confirm in writing through a report where the leak or leaks are coming from. Next is what are the resultant damage that the water leak caused. It needs to be identified through a report what has been damaged within your property because of this water leak.

When it comes to pet ownership and living in Strata community, it's very different from living in a standalone dwelling. I say that because it's important for the pet owner to understand that there are certain things they should be considering when it comes to living in a Strata community. One of the main things to, consider in a living in a Strata community is that when they're using the common property, most especially, it is the owner's responsibility, the pet owner's responsibility to make sure that any loss or damage caused by their pets on the common property, which includes nuisance caused by their pets to other residents, it is their responsibility. There are certain body corporates or owners corporations or the Strata communities within Australia that are given the right by their respective state laws when it comes to creating rules that govern the behavior of owners and their pets. So what's important is where the owner has decided or the owner of the pet has decided to live in a Strata community, they should understand the rules that have been created by that particular Strata community when it comes to pets. Clean up after your pet when they're using the common property. Be conscious and be respective of other spaces so as to not receive allegations that your pet is causing nuisance. We love our pets, and it's important that we also protect them. And by protecting them, that is understanding the rules that the Strata community has when it comes to pet ownership.

There are 5 key steps that I wanna take you through to compel the builder to fix the defects and particularly to a common property. The first one is get the tool, the defects report. The defects report could be obtained from a building consultant. Guide the building consultant on what is already known to the Strata community and the defects and instruct them to prepare the defects report. The second tool that the Strata community should obtain is instruct a quantity surveyor to prepare the list and methods of how to fix defects and how much it would cost.These two reports are key items that needs to be collected prior to demanding the builder to rectify the defects. The third one is get all the details of the builder so that the Strata community has taken all the necessary actions to make a demand and reach the builder. The 4th item is send that demand. The demand letter requires the builder to rectify the defects, give a due date of when the works will commence, and also attach all the defects reports and quantity surveyor reports that are obtained to support the allegation against the builder. And of course, the 5th step is if the builder does not act on it, follow through.Follow through with the demand and issue, the necessary legal proceedings. Of course, this depends on the steps prior if there are steps prior to issuing legal proceedings against a builder, it's state by state depending on the state legislation, follow that through.These methods are the key things compel the builder to rectify the defects.

Get ready to elevate your knowledge with StrataLife Podcast, the place where you should go to learn and get inspired on all matters strata. Welcome back to StrataLife Podcast by Rochelle Castro. Today's episode, I'd like to talk to you about how a strata community could manage residents' misbehavior. There are four key steps in dealing with residence misbehavior. Some of these misbehavior would include but not limited to, of course. Things being thrown around from the balcony that would put in danger others whilst using the common property. Too much noise from another apartment or unit. Mess being left on common property that could cause damage to common property. Blocking or obstructing the use of common property. Sometimes even spell emanating from someone's unit where it's not well kept. But there's a way, there are four steps that I'd like you to take note of in this episode. four steps that the strata community could do in respect of dealing with residents' misbehavior. Step one is review and determine the relevant rule or bylaw of the strata community in respect of a misbehavior. If one does not exist, the strata community should consider creating that special rule or bylaw. Once identified which rule or bylaw, second step is create, if one does not yet exist, a policy which is a step-by-step procedure on dealing with complaints about misbehavior of residents. The policy should be reviewed from time to time and should be determined on the different steps, step-by-step procedure that both the strata community and the manager who is actually taking action on behalf of the strata community when it comes to dealing with complaints about residents' misbehavior. Third step is within that policy, determine what steps to take. Is this issue relating to the resident misbehavior? Is it a phone call first that should be done? Or is it a courtesy letter? Or is it appropriate to issue a letter of demand? Or is it appropriate to issue a breach of noise? Depending on the gravity, the seriousness, and the repetition, if it's a recalcitrant offender who's been doing it. from time to time and it's causing significant impact on other residents. It's important to determine what steps to take. And sometimes it's better to pick up a phone call. Maybe it's not appropriate. Maybe it's appropriate to issue a breach notice. But definitely the third step is determine what steps to take in respect of alerting the offender about the complaint that's been addressed about the alleged misbehavior. And finally, number four, determine when to go legal or what to issue legal proceedings. It's appropriate for the strata community to determine when to get legal advice, expert advice, and gather all the evidences if it's the strata community who would take action in respect of enforcing the rules. So there are ways to deal with the misbehavior of residents. It's absolutely, absolutely important that both the strata manager and the strata community understand the steps that it ought to take in the event that complaints are raised about residents' misbehavior. If you like and enjoy and are being educated with these podcasts, please like, share this content and the podcast with your friends, your family and the Strata community and colleagues so that they could also enjoy and appreciate living in a Strata community. Until next time, my name is Rochelle Castro. See you here in StrataLive Podcast.Thanks for watching!

Get ready to elevate your knowledge with Strata Life podcast, the place where you should go to learn and get inspired on all matters strata. Welcome to Strata Life by Rochelle Castro. And today I will be talking about what is the purpose of the Strata community's budget. The, there are three components to a Strata community budget, which is raised at the annual general meeting. And it's important that you as lot owners attend the annual general meeting so that we could have a say on the budget that's going to be passed in the next 12 months or within the financial year period. So the three components of a strata community budget are the following you've got the administration budget.You've got the maintenance or sometimes they call sinking fund. Others call it capital works fund budget, and you've got the special levy. So the administration budget is for the daily operations of the strata community. A big chunk of that is the strata insurance, where the premium that would provide for replacement or reinstatement of the building and also the public liability. The other parts of the administration budget would include the strata manager's fees. It would also include any charges that would have to be paid for the government expenses for repair and maintenance that is, uh, It comes based on circumstances. So once off works, for example, it would also include components such as disbursements or expenses that would be part and parcel of the administration budget.So that's one part of the strata community budget. The second one is it's got three different terms, depending on which state you are in. Other states call it maintenance fund. Others call it Sinking Fund, the others call it Capital Works Fund. So usually these are for long term maintenance plans. An example of it would be lift replacement works where it's a, uh, requires a large budget and it would take years for the strata community to save money up and to spend for that particular plan.So really the maintenance a sinking or capital works fund is acting like a bank account or savings account, whether it's part of that bank account. When I mean that, don't misunderstand me. It, it means that it is put as a separate funding that would be spent based on what is planned for long term repair and maintenance. The third one is a once off levy, which is a special levy, and these are for special projects. It doesn't necessarily have to be relating to repair and maintenance. It could also be for experts expenses. So when there are incidences such as unfortunate building defects or where there is an ex, a special project such as upgrading the common property and, uh, it needs to be raised as, as soon as possible as a once off levy, that would be called a special levy. Remember what I said, it's important that you attend the annual general meeting to determine and have a voice. In the budget that's raised for the financial year and also the special general meetings that are held. This is the time when those types of meetings are when the special levies are also usually determined. If you enjoy these sessions, please like, share with family members and friends so that they could also learn and enjoy living in a Strata community. My name is Rochelle Castro here in Strata Life Podcast. See you next time.

Get ready to elevate your knowledge with Strata Life Podcast, a place where you should go to learn and get inspired on all matters Strata. Welcome back to Strata Life Podcast by Rochelle Castro. In this episode, I would like to discuss with you what to do if your apartment or unit is found to have building defects. There are three key steps that you could do to prepare in compelling the person who is liable to fix the defects. Number one is get an expert report. The expert report could be prepared by a building consultant. It's important that you give instructions to the building consultant to include in the expert report their findings on who is liable or what is causing the defects on the property and the damages to the property. The second step is to get an expert if it's the building consultant or quantity surveyor who could identify the quantum or how much it will cost to fix the defects and also identify in that second report what are the steps to fix the defects. These two key expert reports are the tools, the key tools that will allow you to pursue the person at fault in respect of the defects and the damages that resulted from those defects. And finally, number three, once you have those two tools, you can actually make a demand through yourself or if you prefer a construction and Strata lawyer to pursue and compel the person who is at fault to fix the defects and also the damages that has been caused to your property. Three key steps, crucial in with the two tools before you attack. It's really how I look at it because you need to be able to prove that the person you are making allegations is actually at fault and that experts have said that they are at fault. So those are the steps on what you should do if you find your apartment or unit defective. If you like the contents of the Strata Life podcast, please like, share with your friends so that you could spread the education so that you can better enjoy living in your Strata community. My name is Rochelle Castro. See you next time here in Strata Life.

Welcome back to Strata Life Podcast by Rochelle Castro. Today's session, I will be discussing your options in respect of How you would deal with decisions made by the committee where you do not agree with such, such decisions. In a strata community, the committee is empowered to make decisions on the daily operations of the strata community, and that requires an ordinary resolution.What the committee is not empowered to do is make decisions that require a special or unanimous resolution. These types of resolutions are special and unanimous. would require that all the owners put in their votes. That said, going back to the power that's been given to the committee, if it requires an ordinary resolution, the committee can absolutely make that decision.From time to time, there are owners or members of the Strata community who do not agree with such decisions, and what are your options? In respect of that type of situation, you could issue a complaint and address that to the Strata community. But the complaints must, in my view, have three elements.Number one, what is your reason for disagreeing with the decision of the Strata community? What is your legal basis, if there is a legal basis? For the disagreement in the decision of the Strata community, and are there evidences that you could attach to your complaint? It's absolutely important that the three elements, your reasons, the basis, and supporting documents or evidence in respect of your complaint, are all part and parcel of that complaint that you would address the strata community to the committee itself so that they could take your complaint seriously.In my view, without those three elements, it is highly likely that the committee would not address and or Take seriously your matter. So it takes preparation and the three elements to make sure that your complaint would get to the attention of the Strata community. So that's the topic for today in this episode, in respect of what are your options?So, um, I'm going to be talking about how to make decisions in respect of a disagreement with a committee decision. Please share, like, and inform your friends about Strata Life podcast by Rochelle Castro so that they would know more and so that they can better enjoy and take care of living in a Strata community.Until next time, my name is Rochelle Castro. See you here in strata life podcast.

Get ready to elevate your knowledge with Strata Life Podcast, the place where you should go to learn and get inspired on all matters strata. Welcome back to Strata Life Podcast by Rochelle Castro. Today, this particular podcast is directed to professional strata managers. In the last podcast, I covered ways to better communicate the committee with the professional strata managers. I think it's just appropriate to cover the best ways that the strata managers can work with their committee. So let's get down to it. First tip is that the strata manager should agree and recommend where necessary the different channels on communicating that will be used to communicate particular subject matters. You as strata managers best know what are the best tools. One is email, other one is chat room. If you have an app, use an app. And if necessary, sometimes you just have to pick up that phone. So agree on the type of subject matter. That way you are not heavily reliant only on your inbox. And so that you can then clean up also the clutter in your inbox. So again, agree on the different tools and the subject matter when it comes to communicating with your committee. Second is on receipt of instructions from your committee, relay back those instructions so as to make sure you have understood what they are and this is also an opportunity for you as strata managers to consider if it's additional work or it will take a lot of work don't expect that the committee would know they don't know the details of what you do so it's up to you to tell them whether it's additional work and then if where there is an opportunity inform them whether or not you will charge extra for that and that will allow a conversation, a frank and direct conversation about whether the committee would like you to proceed with that, whether you are willing to do that at a certain cost or no cost and it's just a clear direct conversation about these additional work that the committee would like you to do. Whether either way it's important that you are able to relay back instructions to make sure that you are getting the accurate instructions and also having a conversation about the extent of work that is required to do that matter, to do that task. And finally, maintain an action list for yourself and or for the committee. It's important to maintain an action list so that you tick off what has been completed, monitor what is ongoing, what has been completed, monitor what is ongoing, and also give a tracking list of the progress of all the matters. And it's important to provide regular updates, especially for those matters that are quite long, provide regular updates to the committee whether or not there is movements. whether or not there is And if you're working with contractors, ask them for regular updates as well, And if you're working with contractors, ask them for regular updates as well, whether or not it's asked by the committee. After all, that is one of the tricks and special tricks when it comes to customer service. Any customer, which includes the committee, would like updates even if it's not asked for. which includes the committee, would like updates even if it's not asked for. Which includes the committee, would like updates even if it's not asked which includes the committee, would like updates even if it's not asked for. There you go. Those are the three tips to better communicate and work with your committees as strata managers. I'll see you next time here.My name is Rochelle Castro here in Strata Life Podcast.

First method is agree on the method of communication. There are different platforms. It's not always email. There could be a chat room that could be agreed upon. In addition to the email, there's a chat room. There's also calls. There are just some things that you need to pick up the phone and speak with them, that it's not necessary that you use the email as a chat room. So my point is, agree on the method of communication depending on the subject matter, rather than continuously copying in the strata manager in all communications between all you committee members and expect them to read, they will not read, they will miss. And what you do not want is a miscommunication because it's just not humanly possible. If you create the inbox as a chat room and expect at the manager, because in reality they are dealing, they are not the only, you are not the only committee that they're dealing with. So agree on the methods of communication and the channels of communication depending on the subject matter that's being discussed or you're giving instructions. Second is decide as a committee, make a decision on a subject matter, talk amongst yourselves, and then once you read a decision, give those instructions to your strata manager for them to action. If you need some guidance from the strata manager, bring them in. But if it's a discussion amongst the committee, make that discussion amongst you and after making a decision, then give the instructions to the strata manager. That way it's seamless and it avoids a misunderstanding as the last thing you want is put energy and effort to clear up what has been miscommunicated. So again, decide first as a committee, talk amongst yourselves, discuss, communicate, and then give the instructions after to the strata manager so that those instructions are delivered clear. And finally, maintain an action list. As a committee, a lot of things, a lot of subject matters would have to be coming on your table. And we know you are volunteers and the last thing you want is miss things or get confused or get overwhelmed. One tool that you definitely could use to help you as a committee is create that action list. Not only is it beneficial for you, but it's also beneficial when you give instructions to your strata manager.

One of the things that's difficult with running a committee is when you're trying to make decisions and move forward. But in reality, because of the different personalities, there are disruptors and there will be clashes that could occur. But I would like to share with you in this podcast five tips on how to handle complaints and disruptor. One, put the procedure in place. Create a flowchart or even put in a policy in place to make sure that it is a list of the requirements and step-by-step procedure that you and your committee could follow. You won't get lost. It's like having a guidance and a follow-through on what to take. That way, no matter how surprise you get with what comes in, that has to be decided by the committee in respect of complaints or even disruptors, you can always go back to that flowchart or procedure that you would follow. Trust me, it works. Tip number two, acknowledge receipt of the complaint or a matter that has been addressed to you. It's important that there is a response saying, Thank you for your communication. We will revert to you and give them an estimate time of reply so that they would know when to follow up. This also avoids unnecessary communication, and you don't want to have someone to follow through every day. And that allows you to control how long you would need to respond. Of course, it should be within reasonable time, seven days, 14 days, and then follow through as long as it's, again, in your flowchart or your procedure or policy. Tip number three is follow the procedure so you do not get lost. That's how simple it is. Or provide a reply, and the reply should be either you will take action. You will not take action or give us more information so that we can decide whether we will take action or we will not take action, and then set out the reasons why. And remember, if the committee, if your committee is not ready to make a decision and you need more information, data, or evidence, ask that. And again, with that, provide a time frame of how long they could provide it. That way, you are not waiting forever. Number five, allow for an appeal and follow through with the procedure as to whether you are taking action or not taking action. That way, the person who has made a complaint or has addressed an issue can see that you are reasonable, and they are given a final opportunity to provide further information through an appeal.

What I'd like to talk to you about today is the importance of seeking approval and what are the steps in seeking the approval when you carry out renovations in your property and of course when I say when you seek approval I am really referring to your strata community.It's important for you to understand that when you carry out renovations because you live in a community whether it's physical or whether it is behavioural impact, there will be an impact to the rest of the community and because of that it's important that you seek your Strata Communities approval sometimes in your relevant legislation that you're working on or that your Strata community is under sometimes it is required that a written approval is sought or sometimes them just getting an information or written notice from you that you are going to carry out renovations. The reason for renovations approval is being required by the Strato community is so that they could prepare the rest of the community in the renovations that you are also care that you are carrying out. Not only that it also protects you so that you make sure that when the works are carried out you're not going to get any unfortunate interference or notices from your neighbours that they become quite informed about the renovations that you are carrying out, not only that you are also informing your contractors on the steps that are required so that they are not interrupted when they are carrying out your renovation works So getting an approval from your Strata community is absolutely important because of those two factors; One, for the Strata community to prepare, meaning the community to prepare for the renovations that are going to be carried out and also, so that you and your contractors could better prepare so that you avoid uninterrupted renovation works and so that you can enjoy the product of the renovations you're carrying out.

Our discussion for today is about Understanding the Implications of Water Leak from your Balcony or Terrace. The reality is when it is determined by an expert and it could be a contractor when I say expert a building manager, building consultant or an engineer that your waterproof membrane needs to be fixed or it has past its lifetime. The consequence of not fixing that issue is water ingress and water ingress is not good for your neighbors, it's not good for the structure most especially if the structure is common property because what happens is the water ingress would impact not only your property, the common property, and your neighbor's property which is the unit below if any. So, the implications of water leak that you need to understand are contained in three things.Number one, once an expert tells you that you need to fix your waterproof membrane act promptly in rectifying the issue.Second one is inform the parties for in impacted by the issue of the water ingress and tell them that you're being proactive in resolving the issue.No.3 once it is rectified inform the impacted parties that the rectifications have been carried out in that you've been informed, as long as you really have been informed by the contractor that the rectifications have now stopped the water ingress.It's quite important for you to not ignore this issue because the longer it occurs, the longer you allow for water ingress to continue, the more damage and resultant damage could occur and it could not only impact others enjoyment of their property but it could definitely cause in the dispute that could have been avoidable and costs and stress to you would unfortunately unavoidable.So, it is important that more specially if you're in the Strata community or living in the Strata community that you understand these three implications and you must action them best practice as early as practicable in respect of any water leak or water ingress that is coming from your balcony or even your terrace.

You see, it's absolutely certain for the strata community to pass a special resolution because it gives the power to all the owners to make a decision if they want to lease or license part of the common property. Now, this wasn't given to the executive committee for the very reason that all the other owners in your community must be given an opportunity to voice out whether they want to lease or license that shared area. Now, if the executive committee decides to skip that requirement, which is really a legal requirement to pass a special resolution, and decides to make that decision, they're really acting beyond their powers. And what could be the consequence be them opening themselves up to any liabilities that could be made by another owner or even the person that's been granted a lease or license? So it's absolutely necessary that your strata community passes a special resolution, records that special resolution in the minutes or a ballot, and then confirms in the lease or license document that a special resolution has been passed. In that way, there will be no future arguments that could absolutely be avoided, and no allegations made against the committee in the absence of a special resolution being passed.

One of the common issues that one faces when they start living or owning property in a strata community is the obligation to contribute financially. Contribute to the maintenance of the community. There are times that owners stop providing contributions or giving their contributions because they have issues with the maintenance being dealt with. Unfortunately, that isn't the solution because those who bought into a property with a strata community actually have a legal obligation to contribute.But it's not just about obligation. Keep in mind that because your strata community is maintaining your shared property, your private property value is maintained, and there's a high likelihood of it increasing but not providing or not giving your contribution because you have a concern, that's not the solution. If you have a concern with the way the strata community is operating, you must address it to them in writing. That way, you could demonstrate your seriousness about your concern and that you are addressing it and you would like them, the strata community, to resolve it. On the other hand, where your strata community requires you to complete a complaint form to address your concerns, do so. That way, again, you demonstrate how serious we are in trying to find a solution to your concerns. If that fails, you can then request your strata community to have a dispute resolution meeting so that you are given an opportunity to voice out and explain further what you have written down so that they can understand your concerns. Now, I do say it's important for you to communicate, but it's also important for you to assess the issues that you address. And there may be times when it's necessary for you to get expert advice. Include that expert advice to your written concern that you address the strata community so that they can see how determined you are in resolving this issue.

And it gets quite distressful for Strata community, especially when there are a number of complainants who approach them and demand that the issue be resolved. It's important for this executive committee to first determine the seriousness of the issue and how much information has been put forward by the complainant. If there's not enough information that the complainant has provided to the executive committee, it's important that more information is requested. Once all the information, all the relevant information, or enough information is provided, the executive committee. If you're an executive committee, you should determine the seriousness of the issue that has been presented. Is it something that a phone call could resolve? Should a letter of demand to stop the misbehavior be issued? Or is this something where an initial breach notice should be issued followed by a final breach notice? Should there be a dispute resolution meeting allowing the parties to come to the table and discuss ways to resolve the issue? The key here is identifying the correct communication platform to use so as to approach the issue and determine ways, practical ways, commercial ways, or even legal ways to resolve the issue. One thing that as an executive committee should remember is that the legal process is not the only process or what's available, the resource that's available. There are also external resources such as the health department, the police, your local council or local government who could help you, and other centers who could provide the assistance. And those should not be ignored and looked upon as ways to help the complainants and residents who are facing the unfortunate situation of a misbehavior.

Do Strata communities have to get involved in owner-to-owner water leak disputes? Unfortunately, most times they do. This particular podcast provides clarity on the five reasons why Strata communities get involved in water leak disputes.One, the water leak originates from common property. That's quite clear. If the water has come from common property, the Strata community would be involved in the water leak dispute.Number two, the water leak could have originated from private property, but also runs through to common property and has reached another private property. This is where the water leak dispute becomes quite complex, although even if the leak did not originate from the common property as long as it has run through the common property, unfortunately, the Strata community would have to be involved in the dispute.The aggrieved owner of the water leak has filed a complaint to the Strata community and wants it to enforce its rules or bylaws to resolve the issue. This is just like any other issues or complaints raised by any owner or occupier. But it's important that the Strata community make an informed decision as to whether it will enforce the rules. But in our view and experience, it's important that where a water leak dispute is contained in a complaint, the Strata community ought not to ignore it and make a determination on the enforcement of its rules or by-laws.Four, the Strata community could be denied of Strata insurance renewal claim or permanently be denied of a claim relating to water leak damages. This is ultimately a disaster for the Strata community where they have been ignoring water leak issues between owner to owner, or where water leak disputes have been raised by occupiers to the Strata community. Unfortunately, there is a possibility that the Strata insurer would deny claims to the Strata community that relates to any water leak disputes. So definitely the Strata community should be insurer would deny claims to the Strata community that relates to any water leak disputes. Definitely, the Strata Community should be involved in these disputes so as not to face a disaster of insurance problems.And five, the integrity of the building could be compromised if the water leak issue is not resolved as early as possible. Acting reasonably and acting timely is important for a Strata community because if a Strata community ignores water leak issues within a building, it could have a significant impact on the integrity of the building and could compromise the safety of its occupiers and investors. So it's important that the Strata community is involved in such water leak disputes.These are the five reasons why Strata communities get involved in water leak disputes. Do you think there should be items that must be included in the list? We want to hear from you, so please share our podcast with those who could learn more about Strata Living or share your comments in a comment section.

A man's home is his own Castle. This is no doubt familiar to you. One of the most exciting times in a person's life is when they buy their first property and more properties. However, the exciting time could turn into a nightmare where building defects are involved.Let's explore the five steps to resolve building defects in the Strata community.1. Hire a building Inspector to confirm in a report if the defects are structural or nonstructural. It's important to get an expert to identify as soon as possible these components, structural or nonstructural so that a plan could be set by the Strata community on what could be pursued or not pursued for the builder to rectify.2. Get legal advice to determine if the defects are part of the common property or private property, it's important for the Strata community to determine through legal advice, their rights, and responsibilities. Of course, in the first instance, with a common property, in the second instance with private property and determine why they should even be involved in a private property. This could be obtained through another expert by getting legal advice.3. Write a letter to the builder to compel them to rectify the defects. Of course, at the end of the day, it's important that the person or the party responsible for those defects, which is the builder in this instance, should be issued a letter of demand to require them to rectify the defects.4. If the builder refuses to carry out rectifications and if the legal costs to pursue the builder for the defects outweigh the defects rectification costs, the Strata community should make a commercial decision to raise the funds to rectify the defects themselves. This is a commercial decision that should be carefully thought of by not only the committee, but we do also encourage that it would be presented to all members of the Strata community. So everyone is involved to determine whether everyone wants to pitch in making a commercial decision. There are many developments that we know have made decisions such as this, especially where they have determined that the defects are not that significant and they should just and ought to just do away with the stress of litigation and resolve the defects themselves.5. If the rectification costs outweigh the legal costs to pursue the builder, pass the required resolutions to issue legal proceedings against the builder and action accordingly. Ultimately, there are developments that we know would have to resort to litigation. It's absolutely necessary that the resolutions are passed by the Strata community to allow them to pursue litigation and ultimately reach the goal of compelling the builder to rectify the defects.These are the five steps to resolve building defects. Do you think there should be items that must be included in the list we want to hear from you please share our blog with those who could learn more about Strata living or share your comments in the comments section, as usual, remember to continue upgrading yourself.

After attending an Annual General Meeting or what I will call AGM, you would receive a copy of the minutes, but before that, you would receive a copy of the notice when you're getting invited to the meeting. Have you ever wondered, as a member of the Strata community, what are the further details or items that will be discussed at the AGM that's scheduled so that all Strata community members receive clear decisions that will be made at the AGM? It is crucial to highlight the five documents that should be attached to the AGM notice and here they are. 1. A copy of the last AGM minutes. I'm referring to the decisions made at the last Annual General Meeting and what's going to occur at the current Annual General Meeting or AGM, is to confirm the contents of the minutes of the AGM that was last held. It's important that this part of the meeting is determined to make sure that the Strata Communities documents are accurate when reflecting decisions made by the Strata community. 2. A copy of the Strata Insurance Policy It's common practice that at an AGM, renewal of the Strata insurance policy is determined by all members, so a copy of the Start insurance policy is definitely important to be included in the AGM notice. 3. Contracts due for renewal at the AGM. There are a number of contracts and usually their annual contracts are a bit more or longer than that. That would need to be decided whether the Strata community is willing to renew those contracts, whether it's by contractors or by service providers. Of course, it's important to make that decision if they are informed and a copy of the contracts due for renewal should be included in the AGM notice. 4. Financial Statement of the Strata Community money. It's important the Strata community is aware of what's happened to their contributions, the member’s contributions, how they were spent, if there's any money left, and whether the bank or the piggy bank, if you like to call it is healthy or whether it needs to be improved. And that would guide the Strata community members in making the decision as to whether they should maintain the budget based on the last financial year or whether there should be an increase in budget. This would also help managers guide the Strata community members in making decisions as to whether there should be even contingency that should be added to the upcoming financial year's budget 5. Contractor service provider Quotes. These are quotes that should be read fairly by the Strata community members before making a decision as to whether particular contractors’ or service providers’ quotes should be accepted. Of course, we don't encourage that all quotes are presented in Annual General meetings, but we do encourage that where there are significant funding required, it would be prudent that they are addressed at an AGM so that all the members are informed of the decision that would be made in respect of accepting significant quotes.

You would need a common license or lease if you would like to use part of the common property to install your solar panels or personal effect such as your business signage on the common property. Have you ever wondered what should be included in a common lease or license? Even if you're not a lawyer, it is important to understand their components. Let's have a look at five of them.1. Lease or licensed area based on a plan of subdivision. Having the lease or licensed area specified based on a plan of subdivision is absolutely important so that it is clear what is being leased or licensed.2. The term or period of the common lease or license. This is the length of time or the life of the lease or license. It must be clear to both parties the one who is either leasing or licensing and the Strata community who is actually leasing or licensing part of the common property and that would be the term or the period of the lease under license.3. The authorized use of the leased or licensed area? Identifying the authorized use of what is being leased or licensed is crucial in a lease or license document.4. How much, if any, is the lease or license fee, or is it at a peppercorn rate of $1 considered paid at the start of the common lease or license period? It's important to identify if there's going to be significant money exchanged or is it simply where the Strata community will allow a peppercorn rate which I have said is one dollar paid at the beginning of the lease or license. So that the person or party leasing or licensing the common property is aware of any money or investment that needs to be put in the least or licensed area.5. What are your responsibilities to repair and maintain the lease or license area this is usually passed on to the lease or the license of the area that's being leased or licensed. It's important to clarify, and understand point by point what is going to be their responsibility during the term or the period?These are the five essential parts of common property, lease, or license, also known as a common lease or license.

Season 2 of strata life podcast aims to provide you bit size learning and guidance from practical, commercial and effective governance perspectives so that you could maximise living in the strata world. These podcasts also serve all other stakeholders of the strata community industry as guidance for best practice methods so that they could enjoy living, serving or governing this industry.

Often people wonder why it is necessary for a common property to exist, These are the five purposes and even benefits of having a common property 1. Enjoyment by owners and occupiers or residents of the common property - keeping in line when I refer to common property it includes schools, gyms, playgrounds, tennis court, and all those types of facilities and areas that are shared with other residences. These types of facilities are enjoyed by the residents because not all single dwelling or standalone houses have these types of facilities or are readily available to them. 2. Shared expenses to maintain or repair the common property - if a person and a standalone house own a pool, they would bear the full cost to repair and maintain a pool. For example, whereby in a common property because it is shared, and enjoyment expenses are also shared which is not a hard hit on the pocket of the owners 3. Democracy is exercised when making decisions to maintain repair the common property - what is excellent about living in a strata community is you get to be heard by your vote on when and how often should repair or maintenance be carried out on the common property and then that way where your vote is counted and it is heard then it is granted you are able to have a say on how much is to be spent and what needs to be carried out on the repair and maintenance of the common problem 4. Strata insurance protects reinstatement of public liability of common property - of course where the expenses and repair and maintenance are shared amongst owners so is the insurance coverage what's good about this is that the owners share the insurance premium to protect the repair and maintenance of the common property and that includes where there's impact damage or accidents that occur in relation to the share facility or common property insurance covers that and the insurance is through the strata insurance which means there's a larger in where its an accident that occurs or impact damage it is highly likely that insurance will cover that on the condition that the continued repair and maintenance of the common property is proven to be carried out by the strata community 5. Keep the value of your individual property within the market value of the property- where the common property is well kept and maintained it has a significant positive effect on your individual property and that means we're able to maintain the property market value and you also have a say the way the common property is maintained there for you have a say in the impact of the same to your proper property market value.

There are various types and various types of people that the strata manager communicates with but what I will be raising are in my view the type 5 communications received by your strata manager daily.1. Committee communication - these are usually instructions given by the committee or follow-up on actions being taken on behalf of the committee. it is common that the strata manager would often hear from your committee.2. Occupy your communication - there are many reasons why an occupier would contact a strata manager or what we know as a resident. some of them include maintenance issues or even neighborhood complaints. from time to time, it is inevitable that your strata manager would receive the occupier or resident communication.3. Contractor communication - there are many reasons why a strata manager would exchange communication with a contractor of the strata community. this would include but is not limited to giving instructions getting progress reports and even seeking advice. from time to time the contractor and the strata manager would work together to fulfill the instructions and needs of your strata community.4. Professional communication - professional providers similar to contractors from time to time as the strata community requires our needs communicates with a strata manager similar to contractors this would include but not limited to giving instructions getting progress reports by the Strata manager or even seeking advice from the professional provider.5. Insurer communication - there are many reasons that the strata manager would communicate with the insurer, and these include but are not limited to the following: making an insurance claim, seeking advice in relation to insurance, or renewing an insurance contract according to the last resolution passed by the strata community at the annual general meeting.

The administration or operational budget is passed usually at an annual general meeting. These are simply put the regular expenses. Here are the five purposes of why this particular budget should be raised at each and will general meeting by your strata community .1. Regular repair and maintenance of the common property - there is no doubt that from time to time your strata community's common property would require regular repair and maintenance and raising that administration or operational budget is definitely important in carrying out these regular repairs or maintenance. 2. Common property insurance premium - a big chunk as we say of administration or operational budget is for that funding to be contributed to the premium of the strata insurance. It's important that the strata community make sure that there's a sufficient budget to make sure that all properties and common property and all the legal requirements to give protection to the strata community are covered in that premium to avoid necessary special levies being raised . 3. Strata managers professional fees - where your strata community has hired a strata manager, part of the administration or operational budget would be allocated to the professional fees of your strata manager. 4. Emergency works for common property - it is essential that your strata community puts in funding for any emergency works for common properly. It would be very difficult to comply with any legal obligations, moral obligations, and safety obligations of your occupiers if there is little budget for emergency works it is difficult to determine when an emergency would occur does call the emergency and therefore, a budget should be included at the annual general meeting. 5. Contingency funds - a healthy budget would allow not less than 10% contingency fund for the strata community to allow for any increase in payment for services and goods. Your strata community must make sure that there is a contingency fund or percentage allocated in your administration or operational budget .

There are various names the maintenance budget others call it thinking budget others call it sinking budget, others call it reserve fund others call it capital improvements budget they all mean the same thing and that really means savings for future maintenance. Here are the five reasons or purposes for a maintenance budget1. Long-term maintenance/repair (i.e., painting program) - long-term maintenance repair means that it has a succeeding number of repairs carried out on an example of that is to carry out a painting program. Where there is a large development, it would be beneficial for your strata community if you carry out a painting program to make sure that the exterior look of the development is maintained therefore the value is preserved2. Big projects (roof replacement) - another purpose of a maintenance fund is if there are big projects which means it costs a lot of money that way there's time for the strata community to save some money and example of a big project would be roof replacement,3. Improvement works (common property technology) - an example of an expensive project is a lift replacement it is an expensive project and therefore needs time for your strata community to save, to carry out at replacement4. Improvement works (common property technology) - an example of improvement works is to make sure that you come and properly technology is up-to-date, and this allows and requires your strata community to carry out improvement works, and a maintenance budget would absolutely be necessary to make sure that your common property technology is up-to-date5. Upgrade works (upgrade landscape) - example of an upgrade work would include upgrading of the landscape, this would mean beautifying, this would include additional common property assets that were not there before but absolutely requires further funding from the strata community and therefore further time to save money.

This particular podcast covers what should be in the agenda items of committee meetings 1. Resolution to accept the financial statements presented for the period - when I refer to the period that could mean depending on how often a committee meets so it could be the financial statement for the monthly period. quarterly period. and semiannual period. 2. Resolve to provide particular instructions to the manager on surfing directions that they could make decisions on - this allows the manager to provide action items so that they don't always have to go back for each and every single new item on the action list the committee could resolve to make for appointing the manager the strata manager as an agent who actions the decisions of the committee 3. A resolution to approve maintenance or repair works for the common property which could include urgent works - the committee must make sure that when they make decisions in respect of approving maintenance or repair works that such a decision is still within their powers otherwise if it's beyond their powers that means that they need to go back and hold a general meeting to have all members of the strata community make a decision in respect of the maintenance or repair works 4. Resolve to review and action dispute resolution matters if any - this is the opportunity for the committee to determine whether there had been any issues amongst residents and owners in other words neighborhood disputes that have come to the attention of the strata community. a decision should be made on whether the complaints or issues raised to them should be actioned by the strata community and what is the next action that’s ought to be taken and that could mean holding a dispute resolution meeting or deciding to have to take for their action in the matter or whether it's a matter that ought to be escalated to a tribunal or court 5. A resolution to determine when to hold the next committee meetings and its agenda items - it is prudent that the committee determines when they should meet next so that all the committee members are informed and they could make a decision whether they could hold the meeting at an agreed time and date so that they could block off their commitments and more informed and a collection of the decision-making of all the committee members are made at the next meeting. Also, it's an opportunity to determine what are the main agenda items in the next committee meetings these are the 5 committee meeting agendas strata enthusiast.

In particular legislations, there are basic items that need to be covered in AGM agendas I will feature the 5 foundational items that should be covered in your AGM agenda. 1. A resolution to renew or confirm your strata managers contract of appointment it’s important for all the members of your strata community to either confirm or determine whether it wishes to renew its strata manager's contract of appointment that way you could is considered at the budget that also going to be resolved at the same meeting. 2. Resolve to renew the strata insurance cover the members of your strata community should know the particular in the insurance cover to determine whether it ought to renew the same coverage of strata insurance that way the members are given an opportunity to determine whether they want to increase, maintain, or decrease their insurance premium as it affects the budget that's going to be passed at that particular meeting.3. A resolution to raise a budget for the next financial year the members should review the proposed budget its breakdown for the next financial year so that it understands what should be passed as a budget for the next financial year it's also prudent the members of the strata community consider in putting a buffer to their budget to avoid unnecessary special levies and so that they can personally plan their own budget for the year.4. A resolution to charge penalty inches to members who do not pay their shared contribution on time this is something that I recommend that the members of the strata community consider this allows for members to pay online to be recognized and to penalize members who do not pay their share on time. 5. Fifth agenda item is a resolution to approve maintenance or repair works for the common property it's important that when all the members of the strata community gather at this meeting, they understand what aspects of the common property requires repair or require maintenance or recurring maintenance that way they have a clear understanding of where the funding goes.

In today's podcast I want to cover “How do you register rules of the owner's corporation?” The traditional way before electronic lodgment of land Victoria documents were done was that, a form is completed, a form created by land Victoria, it is signed by either an owners corporation representative or the solicitor of the owners corporation and then a clerk would then file that form along with certified copy of the rules and a copy of the certified minutes of the owners corporation proving that the special resolution was passed in support of the rules that’s being registered.In respect to the rules that are being registered I’m referring to special rules other than model rules. That was the traditional way of lodging rules. Nowadays many many things are now lodged in land Victoria titles office electronically and that is done in a different way only to the extent of it being lodge electronically and at the moment what is available for lodgment of land Victoria documents is the platform called PEXA, P-E-X-A, similarly to the traditional way of lodging rules of form of land Victoria is completed but this time it is completed by either a solicitor of the owners corporation or if there's a conveyancer who has access to PEXA as certified copy of the rules that’s being registered and a certified copy meaning a signed copy of the minute supporting that the special resolution was passed to support the making of the special rules.All those three documents are then lodge electronically through PEXA by a subscriber and the subscriber would only be either a solicitor who has access to PEXA for a conveyancer. once that’s lodged electronically the owners corporation will then wait for the documents to be registered on the plan of subdivision, a confirmation is then provided that has been lodged and then a search could be done to confirm that the rules had been registered on the plan of subdivision, that is the process now of electronically lodging rules of the owners corporation so that is registered on title capable of enforcement.

A common question that we get asked is “How does a person deal with water leak issues?” The main thing to determine in water leak issues are two things: Is there evidence through an expert report identifying what caused the leak and the damage, once you get evidence from an expert identifying where the leak is coming from and what is the damage caused, a significant amount of the water leak issue has been addressed? The second thing that needs to be determined is once it’s been identified where did the water leak is coming from, identify whether the source of a water leak is private property or common property. If the water leak is coming from common property, the party claiming water leak damages could turn to the owner's corporation and claim and require them to rectify and stop the leak and rectify the result and damages. On the other hand, if the expert report says that the water leak is coming from private property, the party claiming the damages must determine whether that private property is their neighbor or the private property relates to their property or it's coming within their own property. Where the leak is coming from a neighbor similarly to an owners Corporation claims a party should seek that their neighbor (meaning the owner of tea nearby property) rectify the source of the leak and also the results and damages. On the other hand, if the water leak is coming from their own property clearly they are responsible to stop the water leak from making further or causing further damages to their property and they would also be responsible to rectify the resulting damages.

The truth is, neighborhood disputes could occur in a strata community development. What your strata community must do is simply consider these disputes as part and parcel of strata community living that should be dealt with by using resources that help resolve them. Here are 5 resources of your strata community that could help resolve disputes.1. Chart with a diagram of the dispute resolution procedureCreating a chart that illustrates the dispute resolution process, and a copy of that chart being issued to all owners and residents will contribute to a clear chain of communication and documents that are relevant in the dispute resolution process.2. List of legal requirements to the dispute resolution processThe source of a list of legal requirements to a dispute resolution process for your strata community will depend on the legal requirements of your relevant state or territory. Create a list of these legal requirements so that it is clear to the parties of the dispute why particular documents and steps are required to be presented or produced.3. Last annual general meeting or committee meeting minutesAt the last annual general meeting or committee meeting of your strata community, it would have been decided whether your community, any office bearer or manager are given particular delegated powers to deal with the dispute resolution process. It is prudent that the delegated powers are determined before the commencement of the dispute resolution process so that all decisions made in relation to the process are legal, which ultimately avoids wasting time and money of the strata community.4. Platform to hold the dispute resolution meetingWhether it is face to face or through any electronic platforms, such platform for the dispute resolution meeting should be easily accessed by the parties so that there is a fair opportunity for all parties to attend that meeting. That way, the parties are given fair opportunity to be heard, negotiate and resolve the dispute.5. Plan of subdivision and title extractThe strata community should obtain a copy of the plan of subdivision and title extract to make sure all parties are aware of their role in the community. By being aware of the boundaries, contributions and entitlements, including the membership, the parties are provided clarity on their membership, obligations and rights in the strata community.

Financial, legal and ethical obligations. Financial, legal and ethical management. When strata enthusiasts talk about what it is like living in a strata community, Most people usually talk about the obligations, the levy contributions, the work required to be part of a strata community. That said, there are absolutely many benefits of living in a strata community. Here are what in our view some of the benefits of living in a strata community. 1. Helps maintain the property valueSince the common property is well maintained, it positively impacts the real estate value of the property. There is a greater chance of being assured that your real estate value will continue to increase because the shared assets are well-maintained.2. Financial stabilityYour strata community is financially stable and is able to continuously repair and maintain the common property, which ultimately keeps up the value of your real estate asset. 3. Opportunity to service the communityBeing part of a strata community gives you the opportunity to volunteer and contribute for the benefit of the community. In addition, you are provided with the opportunity to have a deeper connection with the community. 4. Available supportIn the event that you experience a neigbourhood dispute, the strata community could step in to support and assist with resolving the dispute. It becomes very difficult if you not only experience a neighbourhood dispute, but also if you could not find the appropriate support within the community to resolve the issue.5. Access to common amenities and facilitiesWhether it is a common tennis court, gym, pool, recreation centre, depending on what is available in your development, one of the great benefits in living in a strata community is unlimited access to the common amenities and facilities, which makes you enjoy more living in a strata community.