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The NSW Strata Magazine | March 2023

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The NSW STRATA MAGAZINE

who meddle in committee affairs Page 14 | Premium Strata
Owners
2023
we force an owner to maintain their lot? Page 20 | The Strata Collective Our insurance policy expired before we renewed Page 12 | Strata Insurance Solutions
MARCH
Can

About Us

LookUpStrata is Australia’s Top Property Blog Dedicated to Strata Living. The site has been providing reliable strata information to lot owners, strata managers and other strata professionals since 2013.

As well as publishing legislative articles to keep their audience up to date with changes to strata, this family owned business is known for their national Q&A service that provides useful responses to lot owners and members of the strata industry. They have created a national network of leading strata specialists across Australia who assist with 100s of the LookUpStrata audiences’ queries every month.

Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.

Meet the team

Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013. With a background in Information Management, LookUpStrata has helped Nikki realise her mission of providing detailed, practical, and easy to understand strata information to all Australians.

Nikki shares her time between three companies, including Tower Body Corporate, a body corporate company in SEQ.

Nikki is also known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.

Liza came on board in early 2020 to bring structure to LookUpStrata. She has a passion for processes, growth and education. This quickly resulted in the creation of The Strata Magazine released monthly in New South Wales and Queensland, and bi-monthly in Western Australia and Victoria. As of 2021, LookUpStrata now produce 33 state based online magazines a year.

Among other daily tasks, Liza is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.

https://www.lookupstrata.com.au/about-us/

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Disclaimer: The information contained in this magazine, including the response to submitted questions, is not legal advice and should not be relied upon as legal advice. You should seek independent advice before acting on the information contained in this magazine.

Contents

4 Is the OC responsible for the waterproofing membrane?

Pierrette Khoury, Khoury Lawyers

6 A bylaw that moves all maintenance to the lot owner

James Moir, Madison Marcus

8 Workmanship issues with insurance repairs

Tyrone Shandiman, Strata Insurance Solutions

10 Smartphone access control

MIMOR

12 Our insurance policy expired before we renewed

Tyrone Shandiman, Strata Insurance Solutions

14 Owners who meddle in committee affairs

Leanne Habib, Premium Strata

16 Do fire stairs need lighting day and night?

Rob Broadhead, 2020 Fire Protection

18 Can the committee restrict access to the common property rooftop?

Eddie Parada, Australian Strata Management

20 Can we force an owner to maintain their lot?

Rod Smith, The Strata Collective

22 Adequate stormwater drain and waterproofing on the balcony

Michael Ferrier, Eyeon Property Inspections

24 Testing the waters before seeking approval

Shane Williamson, Williamson Lawyers Pty Ltd

26 Unit entitlements, voting and utility lots

Tim Sara, Strata Choice

28 Cost for replacement keys and fobs

Leanne Habib, Premium Strata

30 Who is responsible for strata repairs?

SCA (NSW)

32 The NSW LookUpStrata Directory

Thanks to our sponsors

Is the OC responsible for the waterproofing membrane?

Is

We are a group of 3 townhouses. In 2015, a lot’s waterproofing membrane in the upstairs bathroom failed and created a leak into the ceiling of their downstairs lounge and garage. The owners corporation repaired the ceiling, and replaced the shower recess, waterproofing and tiles.

The same problem occurred late last year, resulting in even more extensive damage to the unit.

Is the owners corporation responsible every time the waterproofing fails for the life of the premises, or just for the original waterproofing membrane?

Obtain a report to determine the source of the leak.

The answer will depend on the location of the source of the leak. I recommend obtaining a report.

The owners corporation has a strict obligation to properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation in accordance with section 106 of the Strata Schemes Management Act 2015.

Section 106 also includes a provision that the above does not apply to a particular item of property if the owners corporation determines by special resolution that–

a. it is inappropriate to maintain, renew, replace or repair the property, and

b. its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.

However, to rely on the above, you need to assess whether it is inappropriate to maintain, renew, replace or repair the property and to determine the decision will not affect the safety of the building, structure or common property in the strata scheme.

I recommend a report is obtained at first instance to determine the source of the leak. Also, has that lot owner carried out any renovations or works since the initial repair? Determining whether this has occurred will also assist in making a determination as to whether that has now contributed to the present problem.

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the owners corporation responsible every time the waterproofing fails for the life of the premises, or just for the original waterproofing membrane?
READ MORE HERE

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A bylaw that moves all maintenance to the lot owner

In our duplex, can we create a bylaw that moves all responsibility for maintenance of the lot from the owners corporation to the lot owner?

We own a lot in a two lot scheme. Can we create a bylaw stating each lot owner has exclusive use over the common property around their lot? This would move all responsibility for the maintenance of the lot from the owners corporation to the lot owner.

Essentially, we’d like to remove common property for everything on the property other than the shared driveway.

We have been searching for a way to go ahead. The other owner doesn’t believe it’s possible.

Each owner must consent to the by-law.

Yes, this can be done, but each owner must consent to the by-law. The by-law can, for example, specify certain parts to remain as costs shared, such as a shared driveway or a common dividing wall. The by-law can go through the various parts (walls, floors, ceilings, roof, windows, gardens etc) one by one.

The alternative is to change the actual strata plan so the common property walls around each lot are shown with a dotted line, with the solid black line around the outer boundary, more like a deposited plan (for houses). This would mean the external walls of each lot (presumably duplexes) are no longer common property. The by-law option is substantially cheaper ($2,000 vs $10,000-$15,000).

www.lookupstrata.com.au 6 READ MORE HERE
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Workmanship issues with insurance repairs

The committee notified the company over 2 months ago to say the repairs were not carried out to a satisfactory standard. We have followed up and been told their “insurance company is still considering” the next steps and the tradespersons disagree the job has not been completed satisfactorily.

Where do we complain?

Have another tradesperson provide a report and a quote to rectify the unsatisfactory work.

Workmanship issues can arise from time to time with claims and such claims can be technical and may end in the builder and property owner not agreeing on the issue.

The best way to dispute that the works are not done to an acceptable standard would be to have another tradesperson provide a report and a quote to rectify the unsatisfactory work.

If the claim is through the strata insurer and they arranged the repairer, they will have to warranty the work and you can refer your concerns to the insurer.

A garbage truck damaged our external wall. The company’s insurance paid to repair the damage but we are not happy with the finish. What happens now?

Our building is located in NSW. A garbage truck knocked down part of our front complex wall. Repairs were carried out through the garbage truck company’s insurer.

Repairs were not carried out satisfactorily. You can see where the wall was repaired. The rendering does not match the original finish of the wall.

If you arranged repairs yourself and lodged a claim via strata insurance, you would need to dispute this with the repairer or if applicable and necessary, via the process set out on NSW Fair Trading for Home building dispute resolution

If the work was carried out by the owner of the trucks’ insurer rather than the owners corporation’s insurer, you could alternatively lodge a letter of demand with a report and quote to their insurer to rectify the work.

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READ MORE HERE

SMARTPHONE ACCESS CONTROL

Security. Convenience.

Two words you don't often see in the same sentence. Just ask anyone who's had to replace a key or a fob or arrange for friends and relatives to share their strata facilities.

Click to Access (C2A) is a new smartphone tool that seamlessly delivers reliable access control for common property. It manages permissions, simplifies security administration, and creates smarter more secure buildings.

Security risks associated with traditional key administration are eliminated by controlling and logging who enters, what time they can enter, and through which entry point – all from MIMOR’s cloud-based dashboard.

HOW IT WORKS

C2A communicates to access readers on entry points and connects mobile devices to verify credentials. Access to a building is granted via the MIMOR's dashboard, and an SMS or email link is used to gain access.

Mobile access control is also touchless since users can open doors without touching surfaces.

Subscriptions are scalable, from three apartments to more than 500.

BENEFITS

There are obvious benefits for individual owners who can easily create and revoke permissions for visitors using the tool. These include simplifying logistics for short-term letting but also anyone inviting family or friends to visit or providing access to cleaners.

• Strata professionals, property and building managers and committees can also grant and revoke mobile credentials at any time – slashing admin times, reducing site visits, and increasing building security.

• Physical keys and fobs are easily lost or copied and expensive to replace. There is also significant administration time spent arranging new keys and coding new fobs.

• C2A is safer, more secure, and simpler to manage. The feature can be added to entry points including individual apartment and building front doors, garage doors and other entry and exit points without modification to the existing security system.

• C2A provides an efficient system for shared amenity spaces. Residents can book BBQ areas, tennis courts and so on via the MIMOR dashboard, gaining keyless access via their mobile phone which activates at their booking time. Access is therefore restricted to only those booked. The system keeps a real-time log of attempted access and users.

• Access for tradespeople is also simplified. C2A provides remote access control and tracks when trades enter and exit buildings – simplifying the process for strata professionals & building managers, saving the need for a site visit, and mitigating security risks around the sharing of codes. C2A can provide access to all required areas or front door and codeless key safe access.

• For buildings with short-stay apartments, there’s no need for a physical key hand-over or multiple unsightly and insecure key safes on the outside of buildings. Guests are provided with a secure access link, activated remotely at check-in time, and deactivated on check-out. Owners can also opt to install C2A on their front doors, eliminating physical keys altogether.

• Entering a property using a mobile phone makes end-of-lease and move-ins seamless for tenants and property staff. Property managers can grant access remotely to front doors, garages etc., to let end-of-lease cleaners in or aid new tenant move-ins.

info@mimor.com.au mimor.com.au For more information about MiMOR’s C2A feature, contact: 1300 0MIMOR. ABC APARTMENTS (G2) 11/11/2022 12:58pm [Moved In]

Due to delays in correspondence between the broker and strata manager, our insurance policy expired before we renewed. What issues do we need to be concerned about?

Our strata policy was due for renewal and our broker provided quotes. Due to some delays in correspondence between the broker and our strata manager, our policy expired before we renewed. What issues does our owners corporation need to be concerned about before renewing?

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Our insurance policy expired before we renewed

It is best practice for brokers to issue quotes for an insurance renewal with sufficient time to allow the committee to make reasonable enquiries and provide instruction.

The General Insurance Brokers Code of Practice requires broker to take appropriate, professional and timely steps to seek insurance cover terms and conditions and advise clients of available options (if any) for their consideration.

In the absolute majority of instances, a broker will usually issue a quotes for a renewal 14 days prior to the policy expiring, however in some cases this may not always be possible.

Where the holding insurer has offered renewal, the broker will be in a position to maintain cover with that insurer.

Generally, for new insurers, they do not place a policy or back date the cover for a policy after it has expired, but there is more leeway with maintaining a policy with an existing insurer.

If you have a number of insurers you are considering, the broker should do all things possible to preserve your ability to place cover with those insurers.

As the owners’ corporation has a duty to have insurance in place at all times, I would recommend you ask the broker to confirm cover is in place as soon as possible.

As the owners corporation has a duty to have insurance in place at all times, I would recommend you ask the broker to confirm cover is in place as soon as possible.
READ MORE HERE

Owners who meddle in committee affairs

How do we stop a lot owner, who is not on the committee, from meddling in the affairs of the owners corporation?

We have a lot owner who is not a member of the strata committee or holding any position. They take actions concerning the strata scheme such as:

• overriding a decision made by a strata committee / sub committee regarding the number of bins. They contacted the council and had bins delivered, though we have space restrictions.

• forwarding information to our insurance company about a current internal dispute being addressed by the committee. Providing the insurance company with hearsay and incorrect information.

This is not unusual. Have your strata managing agent or strata committee write to the interfering owner and ask him to cease and desist.

Only the strata committee or owners corporation in a duly convened meeting can actually make decisions on behalf of the owners corporation. Office-bearers have their designated roles.

Despite the above, however, it is not uncommon for individual owners to take it upon themselves, without authority, to meddle in the affairs of the owners corporation (sometimes to the detriment of the owners corporation as a whole).

You should have your strata managing agent or strata committee write to the interfering owner and ask him to cease and desist.

www.lookupstrata.com.au 14 READ MORE HERE

Do fire stairs need lighting day and night?

I am not referring to the ‘EXIT’ or direction signage and emergency lighting that, I assume, must remain on at all times. I’m asking about the general fluro / LED lights. We are in a 46 story tower with two fire stairwells, so there are substantial savings if lighting is only on when someone uses the stairs. Can we adjust the stairwell lighting to come on when a door is opened or a sensor detects movement?

There is provision for permitting lighting control settings, however, it sets strict conditions around activation times.

There is provision for permitting lighting control settings in BCA/NCC 2019; however, it sets strict conditions around activation times.

The success of such a system is contingent on the following:

• Edition of BCA/NCC applicable (older editions may not permit this)

• LED vs. Fluro currently fitted? Switching regularly destroys fluros in weeks rather than years, whereas LEDs are much less impacted.

• How are the current lights wired? It may not be possible if the lights are wired together with emergency and exit lights. Switching will also isolate the battery charging function and make the stairs non-compliant.

Can we adjust the fire stair’s lighting to come on only when a door is opened or a sensor detects movement? We are a 46 story tower with two stairwells, so the savings could be substantial.

I recommend the owners contact 2020 Fire and arrange a site inspection to assess the property. We can quote on the maintenance of the fire systems and work towards the best outcome for the building.

Rob Broadhead | 2020 Fire Protection rob.broadhead@2020fire.com.au

READ

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Are there fire regulations that say general lighting to fire stairs must be on at all times day and night, or can we install sensors and door switches so the fire stair lights only come on when required? MORE HERE

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Can the committee restrict access to the common property rooftop?

Can a strata committee restrict access to a rooftop where there is no apparent danger and no maintenance issues? If so, what and how much notice should be provided?

Leading up to New Year’s Eve, lot owners in our building were informed that access to the rooftop would be closed from 6 am on 31 December until 6 pm on 1 January 2023.

Before we purchased an apartment in the building, there was some unruly behaviour by lot owners using the space on New Year’s Eve. Since then, lot owners would informally book the space each year and security was arranged to ensure disruption did not occur again.

Due to the low number of residents wishing to use the space this NYE, it was decided the costs associated with arranging security were not worth it and access would be restricted.

If the committee is within their rights to restrict access, how much notice are they required to give?

Unless the rooftop has a restricted rooftop usage by-law, the committee does not have the authority to restrict access to common areas.

The powers of owners corporations, and hence their strata committees, are tempered by various legislative restrictions.

A strata committee cannot make decisions on matters that require a unanimous or special resolution such as dissolving a strata property, creating/ amending by-laws, or building rules, setting, or changing levies, and changing the rights, privileges or obligations of property owners.

With regards to restricting usage/access to your rooftop, you should check if a by-law is in place concerning the usage/ access to the rooftop. There may be a by-law that regulates the use of this area. It may have been amended recently and delegating power to the strata committee to set the restrictions.

From the information you have provided, it appears that access to the rooftop was restricted for just the 36hrs during NYE only and at no other times. I’m unsure if by ‘restriction’,

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the notice refers to a limited amount of people or if it means no access for anyone?

Nonetheless, consideration must be given to the responsibilities of the committee in upholding their duty of care, where there are potential security/safety hazards, damage to common property, disturbance, capacity breaches and consider any insurance policy limitations. All these are very real and valid and should be taken into consideration when creating a by-law.

So, unless the rooftop has a restricted rooftop usage by-law, the committee does not have the authority to

restrict access to common areas. Although acting responsibly, if the rules are just being made up (either by the building manager or strata committee), they aren’t enforceable. The rooftop provides amenity facilities; therefore, the owners corporation should have a bylaw that establishes rules on how to use and manage those facilities. The by-law needs to be resolved by special resolution at a general meeting and registered with the NSW Land Registry Services before it comes enforceable.

Please be mindful that section 150(1) of the SSMA specifies the Tribunal may, on the application of a person entitled

to vote on the motion to make a by-law or the lessor of a leasehold strata scheme, make an order declaring a bylaw to be invalid if the Tribunal considers that an owners corporation did not have the power to make the by-law or that the by-law is harsh, unconscionable or oppressive.

READ MORE HERE

One lot owner in our small, well run building refuses to maintain their garden. Can strata force an owner to maintain their private lot? If yes, how?

I live in a self-managed strata complex of 6 townhouses. We are all owner-occupied. We generally all get along well except one of our owners does not maintain their front garden or backyard. Even though it is own private property and not common property, it is overgrown and the neighbours are complaining. The owner has been asked to maintain the yard many times, but they never do.

Can strata force an owner to maintain their private lot? If yes, what is the best way to approach the situation?

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Can we force an owner to maintain their lot?

We have outlined below a step by step process to get the owner to comply.

Our office process is:

1. First letter from the strata manager to the owner as an ‘education letter’. This is to let them know they are in breach of the bylaws (see below)

2. If this doesn’t improve, we issue a final notice. This is a stern warning advising that if things don’t improve we are heading to Fair Trading for Mediation.

3. If this still doesn’t resolve, normally the strata committee would vote on whether or not to live with the issue or proceed to Fair Trading for mediation. Mediation resolves the majority of complaints and there are no costs to lodge anymore. This is a good third step.

Assuming that your strata is subject to the model by-laws, this is the by-law they are in breach of:

17 APPEARANCE OF LOT

The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.

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Adequate stormwater drain and waterproofing on the balcony

Would the lack of adequate stormwater drainage and the absence of a waterproofing membrane on a balcony be the owners corporation’s responsibility?

Would the lack of adequate stormwater drainage under a slatted wooden floor on a balcony and the absence of a waterproofing membrane on the concrete balcony floor be the owners corporation’s responsibility? The lot owner carried out pre-purchase inspections of the owners corporation’s records under the legal principle of “caveat emptor”?

Does this principle apply under current legislation? Does the owners corporation have any protection at law?

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Generally speaking, the owners corporation will be responsible for any structural elements of the building.

It’s difficult to provide any specific feedback without more information. Generally speaking, the owners corporation will be responsible for any structural elements of the building itself. This usually includes balconies.

It sounds like there have been some water ingress issues in this case and it appears that some wooden slats sit on top of the balcony floor. If the slats have been installed by the owners and they have resulted in water ingress, there may be issues in holding the owners corporation responsible for any water damage.

If the drainage system from the balcony is insufficient to drain water from the balcony effectively, the owners corporation may be responsible. It’s not so much an issue of whether the purchaser undertook due diligence before purchasing the property. Rather it will be a question of whether the balcony is considered part of the common property of the building or part of the lot.

READ MORE HERE

Testing the waters before seeking approval

We have obtained a chair lift quote and drawings. Before we pay for a by-law and more reports, can we put a motion on our upcoming AGM for agreement, in principle, from owners? Can we test the waters to see if we have enough Yes votes.

We don’t want to move as we love our apartment.

There is no reason why you cannot informally test the waters before you incur the expense of preparing a by-law, however, it may not be reliable.

From a legal perspective, there is no reason why you cannot informally test the waters before you incur the expense of preparing a by-law, however, it may not be reliable, for example:

• nothing is stopping an owner from subsequently changing their position when it comes time to vote, which they may well do after reviewing your by-law or if the owners corporation obtains legal advice or advice from a consultant;

• there is the risk that the owners who support the chair lift do not attend or vote at the meeting at which you seek approval of your by-law;

We’d like to install a chair lift to access our apartment. Before we pay for a by-law and reports, is it a good idea to test the waters to see if we have enough Yes votes?

My wife has just had a double knee replacement. We are worried about how she will access our third-floor unit. There is no lift. We need to climb 45 stairs to get to our apartment. We are in our 60s and are considering installing a chair lift. Our strata manager has advised that approval to install a chair lift would require a special resolution.

• depending upon how you go about it, testing the waters may give the impression that you are not firmly committed to having it installed. Discussions could be used against you should the owners corporation later oppose the installation of the chair lift;

• you have limited, if any, rights should the discussions not progress as you anticipated because a by-law is necessary to install the chair lift and you will not have provided a by-law.

Section 149 of the Strata Schemes Management Act 2015 provides the NSW Civil and Administrative Tribunal with the power to prescribe a change to the by-laws (i.e. make your by-law) if you can establish that the owners corporation has unreasonably refused to make the by-law.

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Under section 149, the Tribunal must have regard to the interests of all owners in weighing up your rights and your reasonable expectation to install a chair lift.

If, despite the potential disadvantages, you still want to test the waters, in my view, it would be best to speak with owners individually to explain your access difficulties, disabilities, etc., show them the drawings, and enquire into whether they have any issues with installing the chair lift. Make a note of any issues raised.

However, if the chair lift is important to you, I suggest putting forward your by-law and best position from the outset. I would suggest you speak with a legal practitioner who has experience drafting similar by-laws, advise the legal practitioner of any issues raised by any of the other owners and ask the legal practitioner to advise on and address any factors which may cause the owners corporation to reasonably refuse the by-law.

The owners corporation will likely require you to pay for the installation, maintenance and repair of the chair lift. These are also factors you should discuss with the legal practitioner. Before you submit the by-law to the owners corporation for approval, you need to be sure you can comply with the by-law, including meeting all of the costs that may arise from it.

If approval is not granted at the general meeting, you should note what was discussed and the reasons the by-law was refused. You may then obtain legal advice and apply for a strata mediation with NSW Fair Trading before you make an application in the Tribunal pursuant to section 149 of the Strata Schemes Management Act 2015.

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Unit entitlements, voting and utility lots

The garages in our unit block have unit entitlements. Is this counted for voting and nomination of a committee member? If an owner is unfinancial for their garage lot, can they vote?

Our block has 4 units. Lots 1 – 4 have a unit entitlement of 20. Lots 1 and 3 also own garages that form lots 5 and 6, each with a unit entitlement of 2.

Lot 3 was unfinancial at the time of the AGM for the garage lot (5) but financial for lot 3. Are lots 5 and 6 included for the purpose of voting and nomination of a committee member? In this example, is lot 3 financial or not?

Lots 5 and 6, whilst being utility lots, are still lots for voting and nomination of a committee member.

In this scenario, lots 5 and 6 are defined under section 4 of the Strata Schemes Management Act 2015 (NSW) (‘the Act’) as a “utility lot”.

These are separate lots on the title, and the law does not prevent those lots from having voting rights.

To clarify, Schedule 1, clause 14(1) of the Act states:

Simple majority vote to generally apply.

A motion put to a meeting, or an election of officers of the owners corporation or members

of the strata committee is to be decided according to a majority in the number of the votes cast for and against the motion with each person having one vote for each lot in respect of which the person is entitled to vote.

In other words, there is no exclusion of utility lots from counting as lots entitled to vote.

If all lot owners were financial, the owner of those lots with apartment and utility lots actually have two votes (or the ability to nominate one person, per lot) – one for each lot.

A motion’s outcome is only based on unit entitlement:

• A special resolution is required (see section 5(2) of the Act); or

• A poll vote is demanded (see Schedule 1, clause 14(2) of the Act).

If the motion were to be decided by special resolution or poll, the combined unit entitlement for those lots matters (i.e. those with apartment and utility lots have 22 unit entitlements worth of voting power, whilst those with apartment lots only have 20 unit entitlements worth of voting power).

In summary, lots 5 and 6, whilst being utility lots, are still lots for the purpose of voting and nomination of a committee member.

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Cost for replacement keys and fobs

We are changing from a master key system to a fob system. Is the owners corporation obliged to replace keys 1 for 1 when they make a change?

Our strata committee is changing the main door and access to our building. We are moving from a master key system to an electronic fob system. This is a positive step as the door does need updating.

The previous keys were $50 a replacement key. Over the years, I’ve bought an additional three keys. The committee is refusing to either replace our master keys one for one or refund the money spent in the past on additional keys.

Is the owners corporation obliged to replace keys 1 for 1 when they make a change?

There does not appear to be a positive duty on the owners corporation to provide you with one new for each old key.

There does not appear to be a positive duty on the owners corporation to provide you with one new for each old key you have purchased or to refund previous moneys expended on additional keys, especially if the owners corporation has also passed a by-law dealing with security/keys/fobs etc and the costs therefor. The reasoning behind this is that often tenants move out and retain the common property keys for ongoing access to the garage for visitor parking etc long after they have moved out.

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WHO IS RESPONSIBLE FOR STRATA REPAIRS?

Usually, the owner’s corporation repairs common property and each owner repairs anything within their property.

To check who should make a repair, look at your strata plan and by-laws. To get a copy of these, contact your strata commi ee secretary or strata manager.

In most cases, this is who’s responsible for common repairs:

Owner’s Corporation

• Roofs and gu ers

• Ceiling, unless the problem is with changes the owner has made

• Boundary walls

• Carpets in common property (such as hallways)

• Lights in common property

• Any lights recessed into the ceiling

• Garage doors

• Balconies and balcony doors

• Windows and window locks

• Plumbing in boundary walls and under the floor

WHO WE ARE

The peak industry body for Strata and Community Title Management in NSW.

WHAT WE DO

We are a professional association and consumer advocate for strata managers, strata owners and suppliers to the sector.

WHY IT MATTERS

We raise strata industry standards and provide members with professional recognition and a competitive advantage.

• Water damage coming from common property

Lot Owner

• Changes you made to the ceiling

• Internal walls

• Carpet on your property

• Internal painting or wallpapering

• Lights that protrude or hang into your property

• Window cleaning, unless you can’t access it (for example, if it is too high)

• Plumbing in internal walls and fixtures (such as baths, toilets, sinks and showers)

• Water damage coming from inside your property

Continuing Professional Development
Strata specific education courses
Industry awards recognition
Networking events
To access exclusive benefits such as 9 Enhanced credibility and recognition of being an accredited professional member 9
9
9
9
and
9 Access to resources, best practice guides
templates
TODAY

Who is responsible for strata repairs cont...

How to get repairs done

If you see common property that needs repair, tell your strata manager or strata commi ee. You can also contact them if you think they need to repair your property. They will get the repair done or tell you if you must do it yourself. If you are a renter, contact your landlord. If major repairs are needed, the owner’s corporation may have to meet to decide what to do. This may include a Special Levy to cover the cost of the work.

Emergency Repairs Owners

Contact your strata manager, building manager or strata commi ee secretary for an emergency repair. An example is if a burst water main floods your property.

Sometimes, you may call an emergency tradesperson. You might do this if it is outside business hours (or you can’t reach the strata manager, building manager or secretary of the strata commi ee). Then you can ask to get the money back from the owner’s corporation.

To get your money back, you might need to show it was right for you to call the tradesperson. Ask the tradesperson to give you wri en details explaining the problem and what was done to fix it.

Some strata managers have a list of emergency tradespeople you can use on their website.

Tenants

For any repairs, you should contact your real estate agent or landlord. They can arrange the repair for you.

If it is outside business hours (or you are unable to reach them), check your agreement to see what repairs are judged as an ‘urgent repair’ and if the agreement lists any nominated repairers. You may be able to call an emergency tradesperson and recover the money from your landlord.

What if the repair isn’t fixed?

If the owner’s corporation does not make a repair, you can submit a ‘motion’ to ask for it. This will go on the agenda of the next owner’s corporation meeting.

A ‘motion’ is a request to discuss something at a meeting.

If the owner’s corporation refuses to make a repair, consider asking for mediation o ered by NSW Fair Trading. Mediation is a free service. It helps solve disagreements between owners and the owner’s corporation.

Major repairs and defects

The owner’s corporation’s job is to plan for repairs and maintenance.

It must put aside money into a ‘capital works fund’ (previously called a ‘sinking fund’). This makes sure major repairs can be paid for. The money in the fund comes from strata levies.

The owner’s corporation must also make a 10year Capital Works Plan. The plan predicts what major repairs might be needed. It also forecasts their costs.

Check the records from your last annual general meeting (AGM) or ask the secretary or strata manager for a copy of the 10-year plan if you don’t have one.

nsw.strata.community (02) 9492 8200 membership.nsw@strata.community

ANTENNAS

Install My Antenna

Professional TV Antenna Service For You Today

P: 1300 800 123

W: https://www.installmyantenna.com.au/

E: info@installmyantenna.com.au

EDUCATION & TRAINING

LookUpStrata

Australia’s Strata Title Information Site

W: https://www.lookupstrata.com.au/

E: administration@lookupstrata.com.au

Your Strata Property

Demystifying the legal complexities of apartment living

W: https://www.yourstrataproperty.com.au/

E: amanda@yourstrataproperty.com.au

Strata Community Association

P: 02 9492 8200

W: https://www.strata.community/

E: admin@strata.community

Owners Corporation Network

The Independent Voice of Strata Owners

W: https://ocn.org.au/

E: enquiries@ocn.org.au

FACILITY MANAGEMENT

LUNA

Building and Facilities Manager

P: 1800 00 LUNA (5862)

W: https://www.luna.management/

E: info@luna.management

First Facility Management Pty Ltd

Putting You First

P: 0402 083 404

W: https://firstfm.net.au/

E: admin@firstfm.net.au

RFM Facility Management Pty Ltd

Strata and Specialist Cleaners

P: 1300 402 524

W: https://www.rfmfacilitymanagement.com.au/

E: nathan@rfmfacilitymanagement.com.au

Mimor

Connecting People – Creating Communities

P: 1300 064 667

W: https://www.mimor.com.au/

E: info@mimor.com.au

Stratabox

Building Confidence

P: 1300 651 506

W: https://stratabox.com.au/

E: contact@stratabox.com.au

Urbanise

Automate your workload to increase efficiency.

P: 1300 832 852

W: https://www.urbanise.com/

E: marketing@urbanise.com

Resvu

Customer Service Software for Strata

P: 08 7477 8991

W: https://resvu.io/

E: enquiries@resvu.com.au

StrataMax

Streamlining strata

P: 1800 656 368

W: https://www.stratamax.com/

E: info@stratamax.com

MYBOS

Building Management - Residential & FM Schemes

P: 1300 912 386

W: https://www.mybos.com.au/

E: sam@mybos.com.au

StrataVault

Connecting people, processes, and applications

P: 1300 082 858

W: https://globalvaults.com.au/

E: team@thestratavault.com

LIFTS & ELEVATORS

Innovative Lift Consulting Pty Ltd

Australia’s Vertical Transportation Consultants

P: 0417 784 245

W: https://www.ilcpl.com.au/

E: bfulcher@ilcpl.com.au

The Lift Consultancy

Trusted Specialised Advice

P: 07 5509 0100

W: https://theliftc.com/

E: sidb@theliftc.com

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BUILDING ENGINEERS & INSPECTORS

Sedgwick

Building Consultancy Division & Repair Solutions

W: https://www.sedgwick.com/solutions/global/au

E: sales@au.sedgwick.com

GQS

Quantity Surveyors & Building Consultants

P: 1300 290 235

W: https://gqs.com.au/

E: info@gqs.com.au

Roscon

Property services & facilities management

P: 1800 767 266

W: https://www.roscon.com.au/

E: info@roscon.com

Budget Vals

Built For Strata

P: 1300 148 150

W: https://www.budgetvals.com.au/

E: reports@budgetvals.com.au

QIA Group

Comapliance Made Easy

P: 1300 309 201

W: https://www.qiagroup.com.au/

E: info@qiagroup.com.au

Leary & Partners

Quantity surveying services since 1977

P: 1800 808 991

W: https://www.leary.com.au/

E: enquiries@leary.com.au

Auric Projects

Managing clients

P: 02 9918 2200

W: https://auricprojects.com.au/

E: info@auricprojects.com.au

Mabi Services

Asbestos, Safety & Building Consultants

P: 1300 762 295

W: https://www.mabi.com.au/

E: info@mabi.com.au

Forte Asset Services

FIRE | ELECTRICAL | HVAC

P: 1300 920 752

W: https://www.forteassetservices.com.au/

E: info@forteas.com.au

Quality Building Management

keeping your buildings legally compliant and safe

P: 1300 880 466

W: https://qbm.com.au/

E: inspections@qbm.com.au

HFM Asset Management Pty Ltd

Leaders in Building Efficiency

P: 0407 734 260

W: https://www.hfmassets.com.au/

E: david.chokolich@hfmassets.com.au

CORE Consulting Engineers

Delivering 360° engineering solutions for strata

P: 02 8961 3250

W: https://coreconsultingengineers.com.au/

E: admin@core.engineering

Seymour Consultants

Body Corporate Report Specialists

W: https://www.seymourconsultants.com.au/

E: info@seymourconsultants.com.au

Independent Inspections

Sinking Fund Forecast, Insurance Valuations, OHS

P: 1300 857 149

W: http://www.iigi.com.au/

E: admin@iigi.com.au

Solutions in Engineering

Quality Reports On Time, Every Time!

P: 1300 136 036

W: https://www.solutionsinengineering.com/

E: enquiry@solutionsinengineering.com

Landlay Consulting Group

A Strata Remedial Consultancy

P: 02 8095 8556

W: https://www.landlay.com.au/

E: admin@landlay.com.au

PRINT YOUR DIRECTORYPRINTHEREYOUR DIRECTORY HERE
LIST MY BUSINESS

EYEON Property Inspections

Buy and Sell with More Confidence

P: 1300 798 274

W: https://www.eyeon.com.au/

E: info@eyeon.com.au

BIV Reports

Specialist in Strata Compliance Reports

P: 1300 107 280

W: https://www.biv.com.au/

E: biv@biv.com.au

Covid19 Plans

Covid19 Safety Plans for Strata

P: 1300 828 344

W: https://covid19plans.com.au/

E: plans@covidplans.com.au

Strataregister.com Pty Ltd

Find the Strata / CT Manager for your property

P: 0411 483 249

W: https://www.strataregister.com/

E: hello@strataregister.com

STRATA REPORTS STRATA LAWYERS

Kerin Benson Lawyers Pty Ltd

Specialised Legal Advice for Strata

P: 02 8706 7060

W: https://kerinbensonlawyers.com.au/

E: enquiries@kerinbensonlawyers.com.au

Madison Marcus Law Firm

Be Empowered

P: 131 529

W: https://www.madisonmarcus.com.au/

E: strata@madisonmarcus.com.au

Holman Webb Lawyers

Body Corporate Disputes & Litigation Specialists

P: 07 3235 0100

W: https://www.holmanwebb.com.au/

E: shane.roberts@holmanwebb.com.au

RC & CO Lawyers

Effective, resource, clear.

P: 1300 072 626

W: https://www.rccolawyers.com/

E: assistant@rccolawyers.com

Bugden Allen Graham Lawyers

Australia’s leading strata law experts

P: 02 9199 1055

W: https://bagl.com.au/

E: info@bagl.com.au

JS Mueller & Co Lawyers

Specialist ‘Plain English’ NSW Strata Lawyers

W: https://www.muellers.com.au/

E: enquiries@muellers.com.au

Khoury Lawyers Pty Ltd

Client focused, Results Driven

P: 0415 459 486

W: https://khourylawyers.com.au/

E: pierrette@khourylawyers.com.au

Williamson Lawyers

A construction and strata lawyer ready to listen

W: https://www.williamsonlawyers.com.au/

E: shane@williamsonlawyers.com.au

Bannermans Lawyers

High Quality Specialist Legal Services

P: 02 9929 0226

W: https://www.bannermans.com.au/

E: enquiries@bannermans.com.au

Grace Lawyers

Know. Act. Resolve.

W: https://gracelawyers.com.au/

E: enquiries@gracelawyers.com.au

Speirs Ryan

P: 02 9248 3400

W: https://www.speirsryan.com.au/

E: ssaw@speirsryan.com.au

Watson & Watson Lawyers

“when experience matters”…..

P: 02 9221 6011

W: https://www.watsonandwatson.com.au/

E: richard@watsonandwatson.com.au

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STRATA MANAGEMENT

Premium Strata

Diamond-Class strata management agency

P: 02 9281 6440

W: https://www.premiumstrata.com.au/

E: info@premiumstrata.com.au

The Strata Collective

A next generation strata manager. People matter.

P: 02 9879 3547

W: https://www.thestratacollective.com.au/

E: rsmith@thestratacollective.com.au

Bridge Strata P/L

The bridge between you and your corporation

P: 02 6109 7700

W: https://bridgestrata.com.au/wp/

E: jan@bridgestrata.com.au

Bright & Duggan

Strata Professionals

P: 02 9902 7100

W: https://bright-duggan.com.au/

E: customercare@bright-duggan.com.au

Civium Communities

When you build trust, you build a community

P: 1300 724 256

W: https://civium.com.au/

E: clientservices@civium.com.au

Vital Strata

Strata Made Simple

P: 02 9008 1112

W: https://www.vitalstrata.com.au/

E: hello@vitalstrata.com.au

Sky Living Strata

Providing a superior customer experience

P: 02 9299 1100

W: https://www.skylivingstrata.com.au/

E: enquiries@skylivingstrata.com.au

Norwest Strata Management

Efficient & Effective Strata Management Solutions

P: 02 9086 9123

W: https://www.norweststrata.com.au/

E: mail@norweststrata.com.au

Townhouse Strata PTY Ltd

Strata Management with a Difference

P: 02 4971 0363

W: https://www.townhousestrata.com.au/

E: alan@townhousestrata.com.au

Strata Central

Boutique Strata Management Services

W: https://stratacentral.com.au/

E: enquiries@stratacentral.com.au

Acumen Strata

Tailored Strata Management Solutions

P: 02 7253 5820

W: https://www.acumenstrata.com.au/

E: info@acumenstrata.com.au

Quantum United Management

Creating vibrant and connected communities

P: 61 383 608 800

W: https://www.quantumunited.com.au/

E: info@quantumunited.com.au

INSURANCE

Strata Insurance Solutions

Protecting owner assets is who we are

P: 1300 554 165

W: https://www.stratainsurancesolutions.com.au/

E: info@stratainsurancesolutions.com.au

Whitbread Insurance Brokers

Empower Your Vision

P: 1300 424 627

W: https://www.whitbread.com.au/

E: info@whitbread.com.au

CHU Underwriting Agencies Pty Ltd

Specialist Strata Insurance Underwriting Agency

W: https://www.chu.com.au/

E: info@chu.com.au

Strata Community Insurance

Protection for your strata property. And you.

P: 1300 724 678

W: https://www.stratacommunityinsure.com.au

E: myenquiry@scinsure.com.au

Flex Insurance

Your Cover Your Choice

P: 1300 201 021

W: https://www.flexinsurance.com.au/

E: info@flexinsurance.com.au

Driscoll Strata Consulting

Knowledge | Experience | Service

P: 0402 342 034

W: https://driscollstrataconsulting.com.au/

E: enquiries@driscollstrataconsulting.com.au

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DEFECT RESTORATION

MJ Engineering Projects

Remedial Consultant Engineers

P: 1300 571 991

W: https://mjengineeringprojects.com.au/

E: info@mjengineeringprojects.com.au

Klaar

The Strata Building Specialists

P: 02 8003 4547

W: https://klaar.com.au/

E: build@klaar.com.au

ELECTRICAL

Altogether Group

Power.Water.Data

P: 1300 803 803

W: https://altogethergroup.com.au/home-business/

E: eaustin@altogethergroup.com.au

ENM Solutions

Providing Solutions for Embedded Networks

P: 1300 000 366

W: https://www.enmsolutions.com.au/

E: info@ENMSolutions.com.au

Energy On Pty Ltd

P: 1300 323 263

W: https://www.energyon.com.au/

E: EnergyServices@EnergyOn.com.au

McIntosh Electrical Pty Ltd

Powered by Trust

P: 1300 627 727

W: https://www.mcintoshelectrical.com.au/

E: jenny@mcintoshelectrical.com.au

EMERLITE ELECTRICAL SERVICES

We Answer The Phone - No Job Too Big Or Small

P: 07 5591 9191

W: https://www.emerlite.com.au/

E: office@emerlite.com.au

INVESTMENT SERVICES

Strata Guardian

Fight low returns and rising levies with us.

P: 1300 482 736

W: https://www.strataguardian.com/

E: contact@strataguardian.com

FIRE SERVICES

2020 Fire Protection

Experts in Fire Protection for Strata

P: 1300 340 210

W: https://www.2020fireprotection.com.au/

E: service@2020fire.com.au

Linkfire Pty Ltd

Your Essential Safety Partner

P: 1300 669 439

W: http://www.linkfire.com.au/

E: sales@linkfire.com.au

Fire Safety Constructions

Compliant Specialist since 1999

P: 02 9945 3499

W: http://www.firesafetyconstruction.com.au/

E: info@firesafetyconstructions.com.au

Betta Fire Protection

Compliance you can trust

P: 02 8669 9108

W: https://bettafireprotection.com.au/

E: info@bettafireprotection.com.au

Chief AFSS & Mechanical Air Service

YOUR AFSS COMPLIANCE IS OUR PRIORITY

P: 0405 932 458

W: https://afssfirechief.com.au/

E: melanie@chiefmechanicalservices.com

PAINTING

Higgins Coatings Pty Ltd

Specialist painters in the strata industry

W: https://www.higgins.com.au/

E: info@higgins.com.au

Dulux Property Services

Total Building Maintenance & Remedial Solutions

P: 0411 152 430

W: https://www.duluxconstructionsolutions.com.au/

E: propertyservice@dulux.com.au

3 Colours Painting Services

3 Colours Painting Services

P: 1300 883 635

W: https://3colours.com.au/

E: 3colours@3colours.com.au

LIST MY BUSINESS PRINT YOUR DIRECTORY HERE

PLUMBING WINDOWS & DOORS

Sydney Central Pumps

Fixing Pump Problems for 20+ years

P: 1300 558 059

W: https://www.scpumps.com.au/

E: service@scpumps.com.au

Stormwater Sydney

Inspection, Repair and Maintenance of drainage assets

P: 1300 741 003

W: https://stormwatersydney.com/

E: admin@stormwatersydney.com

HYDRAULICA Pty Ltd

Specialise in Drain & Pipe Cleaning

W: https://www.hydraulica.com.au/

E: darren@hydraulica.com.au

The Drain Man

Award-winning drain clearing & relining specialists

P: 1800 843 372

W: https://www.thedrainman.com.au/

E: enquiries@thedrainman.com.au

Mr Washer, Plumber To The Rescue

Over 30 years serving Sydney Strata buildings

P: 02 8583 2360

W: plumbertotherescue.com.au/strata-commercial.html

E: jobs@mrwasher.com.au

WATERPROOFING

Superseal Protective Coatings (SPC)

Waterproofing & Epoxy Specialists

P: 02 9774 1004

W: https://www.spcau.com/

E: info@spcau.com

Danrae Group

Remedial Waterproofing & Building Specialists

P: 1800 326 723

W: https://www.danraegroup.com.au/

E: enquiries@danrae.com.au

FRANCHISERS

Network Pacific Strata Franchise

Join our successful team

P: 03 9999 5488

W: www.networkpacificstratafranchise.com.au/

E: networkpacific@franchisedevelopments.com.au

Windowline Pty Ltd

Replacement window and door specialists

P: 02 8304 6400

W: https://windowline.com.au/

E: info@windowline.com.au

The Window Guy

Don’t choose any guy, choose The Window Guy!

W: https://www.thewindowguy.com.au/

E: info@thewindowguy.com.au

Select Window Installations

Windows & door replacement specialists

P: 02 9938 1500

W: https://www.selectwindows.com.au/

E: sales@selectwindows.com.au

SUSTAINABILITY

Humenergy

People, innovation and value sharing

P: 1300 322 622

W: https://www.humenergy.com.au/

E: Info@humenergy.com.au

The Green Guys Group

Australia’s Leading Energy Saving Partner

W: https://greenguys.com.au/

E: sean@greenguys.com.au

ENERGY

Arena Energy Consulting Pty Ltd

Independent Embedded Network Consulting Services

P: 0452 411 247

W: https://www.arenaenergyconsulting.com.au/

E: joseph@arenaenergyconsulting.com.au

Strata Energy Services

Simplifying Energy For Strata

P: 1300 060 111

W: http://www.strataenergyservices.com.au/

E: info@strataenergyservices.com.au

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DELIVERY & COLLECTION SERVICES

Groundfloor™

Australian parcel, mail, and refrigerated lockers

P: 03 9982 4462

W: https://groundfloordelivery.com/

E: ask@groundfloordelivery.com

PROJECT MANAGEMENT

Valen Project Services

Client-Side Project Management Specialists

P: 02 8542 4293

W: https://valenprojects.com.au/

E: enquiries@valenprojects.com.au

CONSULTING

Strata Solve

Untangling strata problems

P: 0419 805 898

W: https://stratasolve.com.au/

E: chris@stratasolve.com.au

Insight Resolutions

Reconcile and rebuild through mediation

P: 0413 334 633

W: https://insightresolutions.com.au/

E: vad.mediation@gmail.com

STRATA LOAN PROFESSIONALS

StrataLoans

The Experts in Strata Finance

P: 1300 785 045

W: https://www.strata-loans.com/

E: info@strata-loans.com

Lannock Strata Finance

The Leading Strata Finance Specialist

P: 1300 851 585

W: https://lannock.com.au/

E: strata@lannock.com.au

Austrata Finance

Pay Now or Pay Later: It’s Your Choice®

P: 1300 936 560

W: https://austratafinance.com.au/

E: info@austratafinance.com.au

RECRUITMENT SERVICES

sharonbennie – Property Recruitment

Matching top talent with incredible businesses

P: 0413 381 381

W: https://www.sharonbennie.com.au/

E: sb@sharonbennie.com.au

MARKETING

Ki Creative Design

Purposeful Design Solutions

P: 0451 541 006

E: kiara.mcilroy@gmail.com

ROOFING

Apt Roofing Pty Ltd

Everything Roofing!

P: 02 9666 7373

W: https://www.aptroofing.com.au/

E: admin@aptroofing.com.au

ACCOUNTANTS

Tinworth & Co

Chartered Accountant & Strata Auditors

P: 0499 025 069

W: https://www.tinworthaccountants.com.au/

E: caren.chen@tinworth.com

Matthew Faulkner Accountancy

Strata Auditing specialists

P: 0438 116 374

W: https://www.mattfaulkner.accountants/

E: matt@mattfaulkner.accountants

SAFETY & SECURITY

QUATRIX PTY LTD

Intercoms, Access Control, CCTV, Data, etc.

P: 02 9554 3487

W: https://www.quatrix.com.au/

E: info@quatrix.com.au

Lock, Stock & Barrel Locksmiths Pty Ltd

P: 0411 700 072

W: https://www.lsblocksmiths.com.au/

E: info@lsblocksmiths.com.au

LIST MY BUSINESS
PRINT YOUR DIRECTORY HERE

P: 1300 728 760

Clothesline

P: 1300 798 779

W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au

CLEANING / CLEAN AIR CLOTHESLINES LIST MY BUSINESS Advertise
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