Your Strata Property With Amanda Farmer

Having received such positive feedback after our episode two weeks ago in which I unpacked an important District Court decision, in this week’s episode I’m highlighting further strata law cases of interest, PLUS giving the members of our online community access to a special research resource.

This week, I’m sharing a REPLAY of one of our top 5 most popular podcast episodes: Successful Strata Records Inspections. A source of frustration for many owners, records inspections is one of the subjects I am most frequently asked about. In this episode, I share my 4 steps to a successful strata records inspection, including what to do when particular records are withheld for ‘privacy’ or ‘legal’ reasons.

A NSW strata manager has been ordered to pay $35,000 in damages to a committee member defamed by three emails the strata manager sent ahead of an AGM. In this episode, I lead you through the key findings in the case, including why the form of an email might matter just as much as its content, and why ignoring the “troublesome” is always a risky move.

Wal Dobrow has worn many hats over his years spent serving our strata space. In this week’s episode, he joins me to cover just one topic in particular: psychosocial hazards in the strata workplace. What are they and how are successful leaders managing them? Wal shares his “yellow and red card” system, explains why a strata manager’s inbox should NOT be open to every owner, and introduces me to a new word and acronym I think you’ll enjoy too.

David Glover has been at the helm of his self-managed strata building for many years. In this conversation, David shares how the decision to self-manage came about (the ‘strata manager from hell’ played a role) and how his community remunerates him for his services. He generously shares his top tips for those thinking of self-management, including the specific software his building uses, and so much more. This episode is a must-listen for any community thinking of moving away from the professional strata management model, AND any strata manager wanting to understand why some owners are voting with their feet.

Reena deals with an unhappy owner who feels unfairly accused. I question why agents are letting their agency agreements expire and explain the precarious legal position in which this places them. Together, Reena and I announce a very special in-person event happening in February 2024.

It’s often the role of our strata managers to communicate complex information to the inexperienced. Strata owners can become frustrated by a lack of clear communication or explanation from their strata manager about an important issue. Cat Matson, the CEO of Impactful Presenters, joins me this week to explain where our managers might be going wrong, and how we ALL might communicate more effectively, especially in high-conflict situations.

Daniel Caruana of Danrae Group joins me to explain how the Design and Building Practitioners Act (NSW) is increasing costs and wait times for owners needing waterproofing work. We question whether legislation intended to apply to new buildings should be used to regulate remediation work in ageing buildings, and Daniel explains the role he believes owners can play in contributing to the proper maintenance of their waterproof membranes – with implications for their building insurance premiums.

Reena and I discuss: – the essential documents missing from OC books and records, – steps that can be taken to prevent catastrophic water damage, – a unique way to honour our dedicated committee members, and more.

Tom Buckley of Strata I.T. explains why strata managers would do well to have specialised IT support, including how to secure yourself against a hundred thousand dollar mistake.

By popular demand, I’ve brought last week’s Friday LIVE chat with strata lawyer Michael Kleinschmidt to the podcast. This is an edited version of the longer video discussion (you can find that here). Michael busts some entrenched myths about strata insurance commissions and broker fees, and explains why the future of strata management as a “profession” depends on whether or not managers are prepared to dramatically change the way they charge for their services.

Phase 3 of John Trowbridge’s review of strata insurance practices has been released. In this chat, he shares his findings and recommendations, including: – how strata owners can be empowered to discuss insurance on equal terms with their strata manager and broker, – why we find it so hard to break away from an insurance regime that seems to perpetuate conflicts of interest, – the role that owners have to play in ensuring the affordability and availability of strata insurance, and more.

Together, Reena Van Aalst and I cover: -hard flooring by-laws. How much detail is too much detail? -a checklist process for approving remedial works quotes -the cash windfall hiding in a new client’s accounts (found by Reena…again) -why real estate agents must stop seducing purchasers with promises of low strata levies

In this solo episode, I’m sharing all you need to know about proxies under our NSW law, including: – how to fill in the “approved form” correctly – whether the holder of a power of attorney needs to fill in a proxy form – the Tribunal and court cases where proxies have come out on top and more.

Dr Nicole Johnston joins me to share her latest research into passive fire systems in our residential strata buildings, including the thousands of fire safety defects that go unnoticed, and how owners may be unknowingly jeopardising their safety with their renovation works.

Michael Teys is BACK, sharing: the power play within mixed-use developments, why some banks in the United States are now looking at governance practices within condo communities before lending to purchasers, why governments wanting to impose more responsibility on strata owners need to step up with more support, the courageous owners who call their OCs to account, and more.

Reena and I cover: – what building management agreements have to do with insurance claims – how long is too long after mediation to file your Tribunal application – the surprising recommendation from a leading strata insurer – the building that has voluntarily handed over all committee powers to its strata manager

Michael Barnes of Credwell Fire & Risk estimates that owners in up to 40% of residential strata buildings aren’t properly maintaining essential services, putting property and lives at risk. In this chat, we talk about emergency management plans – including evacuation diagrams – and the high cost of failing to have a comprehensive plan in place.

In this solo episode, I’m walking you through the legal framework for access requests and access orders. How far does an owners corporation’s right to access to strata lot actually stretch?

Reena and I cover: the strata subdivision that left an owners corporation with a $70,000 debt, a reminder that strata managers advise, owners decide: especially when it comes to the motions on general meeting agendas, a thwarted adjournment application, and how to handle “general business” discussions at AGMs.

My THREE guests this week are Yolande Nyss, Elizabeth Stewart and Bruce McKenzie, each helping to explain “Project Intervene”: a NSW government initiative for newer residential buildings with original building defects. We discuss: why litigation about building defects does not produce desirable outcomes for owners why Project Intervene is good for developers too Project Intervene’s focus on correct solutions, supervised repair and independent oversight how eligible buildings can get involved in the project and why that needs to happen NOW.

The annual CPD requirements for NSW strata managers have changed. Sasha Boe of Real Estate Training Solutions joins me to explain: – why CPD hours have been reduced – the importance of a training plan – a deadline for assistant agents and more.

I’m sharing 3 ways you can learn more about the power of by-laws, including an invitation to take “The By-Law Pressure Test”: are your by-laws about to crack?

When Ada Wong (Lane Cove Council) and Susan Chen (Willoughby City Council) looked at the results of their biennial Community Wellbeing Survey, they saw some interesting data from apartment residents, leading them to produce a “Meet Your Neighbours” toolkit. In this chat, they’re sharing those survey results and access to the free toolkit.

Strata manager Reena Van Aalst and I cover: – whether by-laws that force owners to receive their meeting agendas by email are legal, – the electronic signing of proxy forms, – the “democratic” compulsory management, and – an unexpected win for the minority owner in a 2-lot plan.

Corey Nugent is the CEO of Resilience Insurance, the only insurer currently offering “decennial liability” or “latent defects insurance” in Australia. Corey shares: – the catastrophic financial and emotional toll that building defects extract from strata owners, – why insurance was always part of David Chandler’s solution to the building defects crisis, – the precise questions that purchasers buying strata apartments off-the-plan need to be asking at the display suite this weekend, and more.

Julie McLean is the current president of Strata Community Association (VIC). In this no-holds-barred discussion, Julie reveals: – how the system has failed at the point of purchase – the unreliable “source of proof” when strata properties are marketed for sale – that in VIC, “anyone with a heartbeat” can be a strata manager, and why that has to change – why she’s calling for specific training for compulsory managers (administrators), and so much more.

I’m taking you inside a member call: an opportunity offered exclusively to members of the Your Strata Property Online Membership Community. In this call, I guide a new strata owner on the process of seeking retrospective approval for the hard flooring they have already installed. I also cover: the installation of child-safety nets on a balcony; a clever way to ‘sell’ the idea of a bathroom renovation how to access the strata roll ahead of a general meeting and more.

Reena and I cover: the legal obligation of an owners corporation to meet “loss of rent” claims: how far does it stretch? double-glazing of windows: is it really minor work? a stunning makeover for an iconic Sydney building, and more.

I’m sharing both the legal and practical steps owners can take to deal with underperforming or misbehaving committee members – including relevant Tribunal cases.

Reena and I cover: – why a lack of office bearer’s liability cover might not be as scary as it sounds – how an owners corporation appoints a representative to the community association – how to extend the term of your strata loan, and – the investor owner who saved $35,000 in interest payments

Continuing our conversation commenced last week, John Trowbridge further explains how he believes strata managers are failing to properly recognise and manage their conflict of interest when it comes to fees and commissions for insurance arrangements, and what an alternate model might look like – for both managers and brokers. John speaks about availability and affordability of strata insurance across the country, explaining what’s driving price increases and how they might be better controlled – including through the actions of owners and strata committee themselves.

In the first part of this two-part episode, John Trowbridge explains why he has been engaged as a private consultant to conduct a review of strata insurance practices (and who has engaged him). He walks us through the history of our strata insurance sector, including how brokers came to be involved and why commissions and broker fees are today so firmly entrenched in our system. John explains why a lack of transparency around these fees is not only a problem for owners, but the source of a conflict of interest for strata managers. Don’t miss part 2 of this important conversation, next week.

For more than 20 years the Owners Corporation Network (OCN) has been the independent voice of strata owners. In this chat, vice chair and director Tom Belsham says that the unique aspects of strata ownership have been poorly understood by our state government for too long. Tom takes us through the ten key issues the OCN is urging government to commit to taking action on, ahead of the NSW state election.

If you’ve ever experienced a pipe blockage in a building due to “flushable” toilet wipes…this is the episode for you. Jonathan Nykel of The Drain Man joins me to explain how old or damaged drains in residential buildings can be rehabilitated without digging, turning an otherwise major project into a simple fix and saving buildings thousands of dollars.

I’m joined by fellow strata lawyer, Allison Benson. Allison recently appeared in the NSW Civil and Administrative Tribunal on behalf of an owners corporation seeking to enforce its cost recovery by-laws. In this chat, we discuss the Tribunal’s decision, how that decision may impact future attempts by OCs to recover costs from lot owners, and the prospect of legislative reform to better protect buildings troubled by serial by-law breachers.

In my first chat with Reena Van Aalst for 2023, we cover: – why strata managers need to be checking the ASIC register before contractors are engaged, – just how far the definition of ‘cosmetic work’ might (or might not) extend, – a successful storage cage swap, and – a Christmas win for an unfairly sidelined owner.

Property owners new to strata are often surprised by the complex rules around renovation approvals. This episode is for those owners (and those guiding them). I reveal how I structure my own thinking about strata renovation work, from internal painting to air conditioning units to complete bathroom renos, and share access to some helpful resources, both for owners corporations and owners, to ensure a smoother renovation project for all.

In our first podcast episode for the year, I’m sharing the 5 most popular episodes of 2022 – in case you missed them, need a recap, or are looking for a great place to start if you’re new to our world.

In this, our last podcast episode for the year, Reena and I discuss: the building that can’t get public liability insurance for its heritage property the dangers of strata managers actioning legal matters without instructions or legal advice a few key principles for those managing Building Management Committees (BMCs). I’ll be back with the first podcast episode of 2023 on 4 January. I wish you a lovely, restful festive season.

Robin Johnson of Hutch Underwriting joins me to explain how his company’s new offering is delivering better strata insurance outcomes for owners corporations in the middle of a “dysfunctional” market.

Brent Anderson and James Milne work for the largest property management company in North America – and the largest strata management company in British Columbia, Canada (and YES, they do use the term ‘strata’ in BC). In this chat, we discuss: – the many similarities between strata in Australia and strata in BC, as well as the few differences; – what it means to “pay with your patience” – what the micro democracies within our fourth layer of government need to succeed and more.

Michael Ferrier of Eyeon Property Inspections shares his assessment of the quality of strata books and records, explaining how transparent record keeping adds to property values. He encourages owners to take responsibility for their own records, and he’s even got a system to help us do precisely that.

Reena and I discuss: – whose responsibility it is to reimburse stolen funds in the event of a cyber fraud incident, – when the minutes may not be an accurate reflection of what occurred at a meeting, – the communities taking their ‘corporate responsibilities’ seriously, – a strata manager’s perspective on why strata communities must stay ‘match-fit’, and how they can do so. I also ask the question: did Reena FINALLY get a puppy? Tune in to find out.

Strata lot owners Brenton Pittman and Lynette Cartwright are fresh from an NCAT victory, brandishing orders that ban their downstairs neighbours from smoking on their balcony, and require the smokers to ensure that smoke does not enter Brenton and Lynette’s home. In this chat, Brenton walks me through their hard-fought battle (which took 3 separate sets of Tribunal proceedings) and answers my question “was it all worth it?”

A little while ago, I surveyed some of my audience, asking the question “what did you wish you had known before buying into strata?” Veronica Morgan and Chris Bates have featured the answers I received in their latest episode of @The Elephant in the Room Property Podcast. They have generously allowed me to share this interview with you.

Cath Hewitt, from the award-winning City Towers building in Perth, shares how her community is successfully using Short Term Action Groups (STAGs) to engage owners and complete enviable projects.

This week, my guest is….me. A few weeks ago, Emily Bobis interviewed me for her podcast Byte Size. Today I’m sharing that interview with you. We discuss electric vehicle charging in strata: what the obstacles are and why we must overcome them.

Reena joins me to discuss: – surprises after settlement: what happens when a new owner wasn’t made aware of significant OC debts before they bought? – the new regulations making meetings easier, in more ways than one.

Andrew Boss of Austrata Finance joins me to explain the “Holy Grail” of strata lending – hybrid loans – and share how his company’s product gives strata owners the financial flexibility they’ve always wanted. =