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Apartment Living and COVID-19

Best Practice Guidelines – COVID-19
 
COVID-19 is a respiratory disease spread between people who are in close contact (1.8m or less) with one another, apartment buildings and other shared living spaces pose the potential risk of an infected resident spreading the virus to other residents also known as community spread.

Whether you’re a landlord, owner occupier, committee or a building owner, here’s what you need to know about preparedness, communication and resident safety during the COVID-19 outbreak.
To see the document click here.
 

LEADING STRATA INSURANCE SPECIALIST WINS DIVERSITY AWARD

 
LEADING STRATA INSURANCE SPECIALIST WINS DIVERSITY AWARD
CHU, Australia’s leading strata insurance specialist, won the inaugural Australian Insurance Industry Excellence in the Workplace Diversity and Inclusion Award.
SCA congratulates CHU for their Award.

 
 
 
 

SCA Australasia Awards

The 2018 – 2019 Strata Community Australasia Awards are designed to recognise and reward those individuals and companies who are committed to professionalism, service excellence, innovation and ethical practices in the strata sector. The Awards presentation will took place on the final night of the 2019 National Conference at the Gala Dinner in Auckland this June.
​The recipients of each award will determined by a panel of judges including:​
Andrew Chambers, SCA Australasia President
Gary Budgen, Legal Practitioner Director, Budgen Legal
Colin Grace, Partner, Grace Lawyers
Michael Hurley, SCA Education Committee Chair

​Congratulations to all our winners and thank you to all our finalists for their excellence also.

Essay Award

WA: Scott Bellerby, Bellcourt Strata Management

Sponsored by


Support Team Member of the Year

SA: Lauren Piliotis, Strata Data

Sponsored by


Strata Community Manager of the Year – Rising Star

QLD: Clare Stuart, Bright & Duggan

Sponsored by


Strata Community Manager of the Year

QLD: Renee Sullivan, CSTM/Sound Body Corporate Management

Sponsored by


Strata Community Management Small Business

WA: Prestige Strata Management

Sponsored by


 

Strata Community Management Large Business
SA: Strata Data
+
NSW: Bright & Duggan
Sponsored by

 

 

New Health & Safety Laws Affect Your Body Corporate Risks

NEW Health & Safety Laws Affect Your Body Corporate Risks!

Article supplied by Solutions in Engineering

All Bodies Corporate have a duty of care to everyone who lives in, visits or works in the common areas of your building. The new WH&S laws have multiplied your risk by adding to your existing obligations. You can mitigate a lot of your risk with a few simple decisions. Here’s all you need to know…….

Why is there new legislation?

In response to the Pike River mine tragedy, the government has passed the Health and Safety at Work Act 2015. The legislation is based upon the Australian Work Health and Safety Acts, which have managed to reduce workplace deaths in Australia by 16%. New Zealand will likely see a similar reduction. The Australian branch of Solutions in Engineering have been working with the Australian legislation since its inception, and so can offer you some insight into what’s required.

How do Bodies Corporate fit in?

A PCBU, or Person Conducting a Business or Undertaking, is the umbrella term for bodies that must comply with the Act. While stand-alone residential houses are exempt, residential Bodies Corporate will have obligations, in almost all situations, in respect of the common property. If any work is undertaken on the common property, or if any of the occupiers undertake a home business, the Body Corporate must comply with the act.

What is the main change?

A PCBU is obliged under Section 36 of the new Act to ensure, so far as reasonably practicable, the health and safety of all workers and persons on the property. This requires Bodies Corporate to be proactive and take a broad view of compliance. It is no longer sufficient to assume that because no injury has occurred, you are safe.

Where are the risks for the Body Corporate?

Most serious work completed in the common areas will involve contractors. Consequently there are two main focuses for Bodies Corporate:-

  1. The common property environment in which work is conducted can cause accidents if risks are not assessed and removed or mitigated.
  2. The way in which a contractor completes tasks can cause risk to others and to themselves and therefore only quality contractors with appropriate WH&S systems should be used.

How can these risks be effectively dealt with?

  1. Risks on the common property are best dealt with by engaging a suitably experienced WH&S professional to assess risks and recommend easy-to-implement actions to remove or mitigate the risk. Re-assess annually.
  2. All contractors should be vetted for:-
  • Appropriate licensing
  • Appropriate insurance
  • Evidence of WH&S systems for all typical work activities

The days of using handymen who work out the back of a ute without insurance, wearing jandals and going to the pub for a liquid lunch are over.

The above is just brief summary for more information see below…….

If you would like FREE INFORMATION PACK please contact [email protected] to request it.

2017 SCA National Conference – draft

  • 2017 Annual SCA National Conference
  • Sponsors & Exhibitors
  • Location
  • Keynote Speakers
  • Registration 
  • Networking & Activities
  • Exhibition & Sponsorship Opportunities

2017 SCA National Conference header

14-16 June 2017 I Crowne Plaza Hunter Valley

 

It's a sure bet! Cash in on new ideas, play to win by networking with the best of the best, and raise the stakes on your career at the CAI Annual Conference and Exposition, May 3–6, at Caesars Palace Las Vegas. This year we're "All In To Win," upping the ante as we share best practices and lessons learned for community and career success.

Hit the jackpot with high-level educational sessions, large- and small-group networking opportunities and a world-class exposition showcasing the latest products and services for community associations

The CAI Annual Conference and Exposition is bringing all the cards to the table this year—you'll walk away a big winner, knowing exactly how the community association game should be played.

Don't hedge your bets on this event—go "All In To Win" and register now!

 

Fire Fighters to Stay on the Sidelines of Dangerous Blazes

FIRE FIGHTERS TO “STAY ON THE SIDELINES” OF DANGEROUS BLAZES

PANDORA’S BOX OF PROBLEMS FOR THOUSANDS OF STRATA PROPERTY STAKEHOLDERS IN THE SYDNEY REGION

Threats by firefighters to withdraw or to stand off high rise fires fuelled by illegal building products have set off alarm bells in the giant strata title sector.

Unsafe construction products are having a profound effect on tens of thousands of strata property stakeholders in Sydney, but recent reports have suggested their potential impact on vital emergency services should be of greater concern.

The Melbourne Metropolitan Fire Department has signalled perhaps the greatest worry yet, saying that the immensely dangerous fire conditions associated with a notoriously combustible cladding product may see fire-fighters take a less aggressive approach and “stay on the sidelines” of multi-storey blazes.

Australia’s peak strata body says it is concerned the Melbourne firefighters position will be adopted Australia wide.

The head of Australia’s $1.2 trillion strata sector says public safety in regions like Sydney continues to be threatened by the use of inferior, imported products within local construction, with fire dangers making up the greater portion of community concerns.

“The NSW and Federal Governments must get all hands on deck for this issue, before we see a repeat of previous catastrophic fire events,”

Strata Community Australia CEO Kim Henshaw said today.

The event Mr Henshaw refers to is the 15 storey building blaze which occurred at Melbourne’s Lacrosse Apartments late last year. 

Investigations after the blaze revealed a widely used imported aluminium cladding product, Alucobest, which failed to pass Australian fire safety standards was the reason for the fire causing such a high level of damage.

Melbourne’s Metropolitan Fire Brigade responded to the Lacrosse fire, and their first-hand understanding of the serious fire danger these unsafe products present has prompted a recent warning about fire-fighter involvement.

 “I don’t think it’s at all unreasonable for our fire services to modify their response to be “less aggressive” to protect the lives of fire crews if ­attending a blaze where the compliance of building products cannot be assured,” Mr Henshaw said today.

“Our problem is not with the fire fighters.  This issue needs to be fixed quickly by Government.

“That said, a situation where a fire is fought less aggressively by the fire brigade could have serious consequences; not only for the financial investment of lot owners but, at its worst, for the safety of the building’s occupants.”

“Clearly this is not something that anyone wants to see happen but if these products continue to reside within the buildings and strata communities of Sydney we will see fire departments and officials all around the country continue to take tough stances like the ones seen in Victoria.”

The Federal Government has just announced a working group to tackle the issue of unsafe construction products over the next 6 months, but the strata sector says that a separate effort must be made immediately to rid Australian homes and communities of hazardous materials.

“We’ve been calling for urgent building inspections for some time now and we hope this recent warning is as a catalyst for thousands of property owners to check up on their property now,” Mr Henshaw said today.

“In time, we hope to see some good strategies come out of the working group that will right the ship moving forward, but it would be remiss to not do anything before the conclusion of the working group in 6 months time.”

“The longer we let this issue linger, the greater the risk being placed on Australian properties and their occupants.”

SCA in the media

SCA in the media

SCA is increasingly being represented in the media due to our national public relations agreement with Marketplace Communications. This has given SCA the assistance to publicly report on the issues that matter to our members as well as the organisational goals and objectives.

SCA exists to provide member support and advocate for the broader strata community. Through the use of our PR campaign we are actively looking for areas that need government and public attention. We welcome members to write to us with comments, concerns and feedback on the topics that matter to you and how we are representing your issues.

Click here to view SCA's media releases

Click here to view media coverage SCA has received from the above media releases.

 

Short term letting

Short term letting – are the floodgates about to open?
Kim Henshaw, CEO, Strata Community Australia
 

The rise and rise of on-line commerce can have unexpected and sometimes unfortunate consequences. One such situation is the growing trend of some strata property owners to enthusiastically embrace short term letting apps such as AirBnB and CouchSurfer. However much some strata residents may dislike this practice though it seems that, in Victoria at least, the body corporate has no power to create By-Laws or rules to outlaw it. The following article explains the recent legal decision;

http://www.smh.com.au/business/property/apartment-dwellers-lose-out-as-airbnb-here-to-stay-court-rules-20160722-gqbhcz.html

In some ways, this decision poses more questions than it answers. For example, does this decision mean that other activities that have the characteristics of a business are also OK in a strata property? And what are the implications of this decision in respect of the different safety and convenience regulations applicable to hotels/motels/hostels, given that these activities appear similar to short term letting of residential property? What are the insurance implications given that short term letting has at least some of the characteristics of a business activity?

Over the coming months SCA is intending to gain insights into these and other questions from experts in the various fields. We’ll be talking with planning experts, insurance underwriters and the legal profession. Our aim in doing this is to try to gain an understanding of all the facts and present those to you, our members. Information is the most important tool in these kinds of situations.

We thank our National Partners

 

 

 

 

               

  

        

National education update

National Education Update
Carole Anderson, Education Officer, Strata Community Australia

Since July this year the A100 has been a virtual Road Show within Australia.

Training has been held in the following venues, Melbourne, Adelaide, Tasmania, Canberra & Brisbane. Each of the sessions has had between 12 and 18 students, all of which have successfully completed the exam at the end of the three days.

The variety of backgrounds from which the students come is very broad. Accountants, bankers, retailers people who have been in the strata industry for only 3 months and some up to 25 years who are using the course as a refresher.

The feedback from the students is very positive with comments like:

“I will take so much away from this A100 course that I will be able to implement into the business which will make life easier for all of us in the office”

For people in the industry wishing to become Trainers of the A100 course we have been overwhelmed by the response of experienced members of SCA who have put up their hands and donated their time and paid the $495.00 to complete the A100, successfully sit the exam and complete the SCA Train the Trainer requirements. Included in the Strata Industry Specialists we have Insurance Specialists presenter, Lawyers and Accountants who also donate their time to present at the course.

In Western Australia by the end of this year they will have 9 qualified trainers.

 South Australia we will have 3 qualified trainers

Victoria will have 7 qualified trainers

Tasmania will have 1 from Strata industry

Canberra will have 6 qualified trainers

Qld will have 1 strata industry trainer and one Insurance specialist qualified.

Over October and November another 6 A100 courses will be conducted

2 in Victoria

1 Canberra

1 Cairns

1 Perth

1 in New Zealand.

We are already accepting enrolments for courses in 2017.

 

Certificate IV in Strata Management

The interest for this course that is to be delivered online is at an extraordinary level. We have a list with 200 names on it from all states in Australia who are interested in enrolling for the course when it commences in October. The cost of the course for SCA members is $4000.00 for non Members $4800.00

 

We thank our valued National Education Program Partner

A Handy Checklist for Reliable Contractor Procurement

A Handy Checklist for Reliable Contractor Procurement

How do you go about choosing the right vendor for your commercial painting needs? Good question! Successful vendor procurement is an art in itself, so you might have some concerns that you’ll land the wrong fish entirely. Our advice: don’t commit before doing your homework.

When trolling the web for viable options, or asking your business contacts about their preferred suppliers, we suggest that you use the following questions as a guide.

Does the provider have national reach?

A vendor with national reach has enough of a track record in the property maintenance and building construction industries to come with sufficient customer references from across the country for you to make an educated decision.

Using a painting contractor with a branch in your area means that that particular team of experts will be well aware of the variables that are unique to your region. This could have a significant impact on the construction and painting of a new building, or the refurbishment and painting upkeep of an older, existing one.

What size and scale of project is the vendor able to take on?

Does the vendor have the needed manpower, equipment and expertise to complete your project to schedule? It might not be such a great idea to sign on a painting company that’ll be cutting their teeth on your project’s scope and scale. During the vendor procurement process, be sure to find out what size projects the company has previously completed to confirm that they’ve the capacity to take on yours. Go visit those other buildings and sites to gauge their capabilities for yourself and get feedback about the consistency and reliability of the vendor’s commercial painting services.

What painting services does the vendor offer?

Superior painting contractors should offer an extensive range of services so that you don’t have to rely on more than one vendor to get the job done. Higgins Coatings’ services range from commercial repainting (from sales and estimation, through to finish and follow-up) to new construction painting and national multi-site painting. We do commercial refurbishments (to revitalise living and workspaces), building repairs (in conjunction with repainting work), and minor electrical repairs and replacements. We also offer general plumbing maintenance services and can advise on landscaping. This includes techniques for proper drainage and water minimisation on the property.

Do they provide a service that their competitors don’t?

When involved with vendor procurement for your commercial painting needs, be sure to ask about any niche services that the vendor might supply. If you plan on sticking with a painting contractor with whom you want to build a long term relationship, the more services they offer, the better.

Higgins, for example, offers a unique colour and specification consultancy service and can also undertake spalling repairs. We can diagnosis and repair concrete spalling and cracks, from purely cosmetic issues, such as flaked or pitted concrete, through to structurally damaged areas that require a complete restoration, including reinforcement replacing and specialised protective coatings.

Are they compliant with industry-related health and safety standards?

Adequate compliance with industry-specific health and safety regulations and procedures is a big deal in Australia and New Zealand. This means that the vendor you select for your commercial painting needs must have its own set of safety regulations in place that meet industry standards. The International Organisation for Standardisation (ISO) provides international management standards for managing occupational health and safety, work quality and the environment. If your painting contractor can present you with ISO certification – or proof of certification with another internationally recognised accreditor – then you should be in safe territory when considering them for the job.

At Higgins we have well-defined and documented procedures. The experience begins with a free paint condition assessment of the property to determine the best approach for each unique set of requirements and assess how to better protect and preserve the paintwork from premature deterioration.

Contact Higgins on 1300 HIGGINS or online to Request a Free Paint Condition Assessment.

National Education Program Partner

National education program partner – Strata Community Insurance

We are pleased to announce Strata Community Insurance as our National Education Program Partner; effective 1st October 2016. This partnership will assist us to continue delivering high quality education for our valued members throughout Australia and New Zealand and seeks to increase and formalise a professional and recognisable career path within the Strata Management sector.

As you may have read in ‘Inside Strata’ and our member bulletins, we are working with RMIT University to bring you brand new qualifications that are specific to the strata industry; the Certificates III, IV and a Diploma course in Strata Community Management. These courses, paired with the SCA A100 Introduction to Strata course, as well as the seminars and conferences offered by our states and chapters help provide you with the skills to continue outstanding service to your clients.

We thank Strata Community Insurance for their partnership and recognise their expertise in providing truly valued and authentic products and educational support to the industry. 

Strata Finance

Strata finance

What is it?

When an owners corporation or body corporate needs money for renovation or rectification works, emergency repairs, green initiatives, insurance premiums, litigation or other capital requirements there are essentially three options to choose from:

  1. use money from a sinking fund
  2. raise a special levy
  3. take out a loan to cover the costs

All options are viable and should be considered depending on the circumstances but what if there is no money available in a sinking fund? Special levies are not often the favourite choice of owners as they are required to find the money to pay for this unplanned expense. By choosing strata finance however, funds are provided directly to the owners corporation or body corporate and the expense is paid through levies over time thereby taking away the burden of a lump sum. Strata financing provides the ability to commence work immediately without the need to raise unpopular special levies or wait for enough money to accumulate in a sinking fund.

What are the benefits of strata finance?

There are many benefits of using strata finance including the following:

Peace of mind

  • The loans are unsecured and offered directly to owners corporations or bodies corporate
  • By taking out a loan a strata community is reducing the immediate cost burden for works
  • Funds can be accessed quickly once approved and projects can be carried out with minimal delay
  • Cash flow is freed up
  • Loans can be used for funding of mechanical, aesthetic and structural repairs and improvements to buildings

Improved lifestyle

  • Strata financing can save time and expense plus provide complete certainty of funding
  • It allows repairs and maintenance to be completed immediately without further deterioration
  • Finance may offer greater flexibility and peace of mind that capital values and building standards are being improved
  • Instead of doing small jobs as money becomes available, multiple repairs, maintenance or refurbishments can be bundled into one project, saving time and money whilst minimising disruption to owners

No large financial burdens

  • Loan repayments are incorporated into quarterly levies/fees
  • There is no mortgage or personal guarantee required to secure a loan

Increase the value of an owner’s asset

  • Repairs and improvements will help maintain and improve the value of an asset
  • For investors, rental and tenancy stability are enhanced

Who will benefit from strata financing?

The owners corporation or body corporate will benefit as they will be able to make decisions quickly and not need to drag out the process to raise funds for essential works.

The owners will benefit as they will not be lumbered with the burden of having to pay a hefty special levy. They will also see that the value of their asset is maintained and often improved.

The building will benefit from having works completed quickly and not experiencing further deterioration or inconvenience to owners.

The decision of which funding option your strata title uses will depend on the circumstances but you do have choices and should consider them all.

Supplied by StrataLoans, a SCA (SA) Gold sponsor www.strata-loans.com

Cyber Security

Cyber Security

 

The Australian Crime Commission estimates put the annual cost of cybercrime to Australia at $1Billion a year. But the strategy’s report factors worldwide losses from such attacks to be at 1% of GDP. With that reckoning, the real impact on Australia is more likely $17Billion annually”.

Fighting Back from Cyber Attack – Chris Johnson
Sydney Morning Herald: 23-24 April 2016

Historically there has been less investment in security as a whole in Australia than in Europe and North America from a consumer perspective. In typical laid-back Australian fashion, Australians often see themselves as ‘too far away’ to be concerned. Of course in the ‘internet era’, this could not be further from the truth. We are also experiencing an increase in attacks sent within Australia.

A lack of awareness of security at all levels, underinvestment in security, and a shortage of skills have all contributed to making Australia, and the Asia Pacific region, a relatively easy target. 

So what does this mean to us in strata? Considering the billions of dollars of transactions online which occur in managing strata, this is definitely an industry which should be concerned.

The Internet at Work

In our business world the internet is used every day. Websites and social media are important vehicles for reaching customers but they’re also potentially risky places. We are now actively embracing ‘The Cloud’.

So what is ‘The Cloud’?  Not a heavenly, floating mist of computer data in the sky, but a network of computers distributed around the world and connected by the internet. It is computer programs and data being stored on a computer in a remote location. This is where the trouble can start with so many connections for the hackers and cyber-criminals to gain access to your computer and company systems.

With the internet being always on, workers find themselves spending more than twice as much time using the Internet in the office, than when they’re at home. Notably, the primary work task on the internet is related to the company’s financial activities – banking, invoicing and bill payments but money is a magnet for criminals and it’s our familiarity with conducting financial transactions online that makes us vulnerable which can lead to letting our guard down. 

Cybercrime and cybersecurity issues are not rare or isolated – they are a real and expensive problems.

“Financially motivated criminals that exploit and access systems for financial gain are a substantial threat to Australia. Transnational serious and organised cybercrime syndicates are of most concern, specifically those which develop, share, sell and use sophisticated tools and techniques to access networks and systems impacting Australia’s interests”.
    
Australian Government’s Australian Cyber Security Centre 2015 Threat Report 

These are the facts:

  • In 2015, 25% of Australians reported as being victims of Identity Theft at some time – up 7% from the previous year.
  • Fraudulent credit applications involving identity takeovers in Australia rose 59% in the past two years and 17% in the past 12 months.
  • In a recent case a company whose employee system was breached received reports from over 20% of their employees that they had false tax returns filed in their name with funds being placed into a bank account unknown to them. 

Protecting Your Business against Cyber Crime

So how can you make sure your business is not affected and what are some of the safeguards in protecting your data? 
    
WiFi Attacks

When you are in public using Free Wifi you have no way of knowing who is actually broadcasting a Wi-Fi signal so when you connect to a network you could inadvertently be sending all of you network traffic to a Cyber Criminal. Security experts would strongly recommend that you don’t use public WiFi under any circumstances. Solutions around this include using your phone as a hotspot, bringing your own mobile Wi-Fi router or potentially even buying a data roaming pack from your mobile phone provider when you travel.

Your internal office WiFi network is also one you should be aware. There is currently a product on the market called WiFi Pinapple which is designed to penetrate WiFi networks. 

This little device although legal and available freely becomes an intermediary between your office WiFi and your computer without you knowing so instead of messages and data going between your computer and your WiFi network it goes from your computer, to the pineapple, to the WiFi and the same in reverse. The Pineapple broadcasts itself as your office network while simultaneously bridging a connection through your office Wi-Fi router with its second aerial.  The owner of the WiFi Pineapple now has all of your data which you have sent online. This may be sensitive information including passwords, credit card numbers and bank accounts. The WiFi Pineapple also strips SSLS security essentially making websites unsecure.

To defend yourself from being hacked using an office network the following recommendations are important: 

  • avoid Wi-Fi within your office 
  • always use a VPN 
  • check for the padlock SSL

Mobile Hacks

Mobile phones are often neglected from a security standpoint but they represent one of the fastest growing targets for cybercrime. Skycure Research Monitoring report that 25% of all devices are exposed to a network hack in the first month of use.

These are some steps to take to ensure your mobile phone remains secure:

  • do not jailbreak your phone 
  • do not install apps outside of the iTunes or Google Play stores 
  • do not click on suspect links and 
  • use virus/malware protection

Email Hacks

One type of email hack is called email spoofing. This is the forgery of an email header so that the message appears to have originated from someone or somewhere other than the actual source. Distributors of spam often use spoofing in an attempt to get recipients to open, and possibly even respond to their solicitations. Spoofing can however be used legitimately and you will often see it when a company will use a third-party supplier for their email marketing but it looks like the message has come directly from the company.

Although most spoofed email falls into the ‘nuisance’ category and require little action other than deletion, the more malicious varieties can cause serious problems and security risks. For example, a spoofed email may purport to be from someone in a position of authority, asking for sensitive data such as passwords, credit card numbers or other personal information, any of which can be used for a variety of criminal purposes.

Following are some tips for defending yourself against email hackers

  • never open non-PDF attachments on email unless you know the source and are expecting them
  • don’t enable Macros
  • don’t click links in emails – use google instead or paste into a link analyser such as virustotal.com
  • use a secure email gateway
  • use a web proxy
  • backup regularly, store offsite, and test regularly
  • segment your network and give as little access as needed

Ransomware

Cyber criminals are scraping personal information from thousands of Australians' social media profiles and using it to trap victims with ransomware, a type of malware that freezes computer files and demands money to unlock them.

The ransomware — appropriately titled 'Locky' — is spreading quickly on the web in various guises, including the well-known Australia Post Email Scam and more recently the AGL Email Scam. What makes the scam so dangerous is that it addresses the recipient with personal information such as their full name, location, workplace and job description — all gleaned from their social media profile and designed to dupe them into thinking the email is legitimate. 

The ransomware encrypts files on your PCs, networks and servers.

There are three main options you have with ransomware:

  • use security software to try to unencrypt everything 
  • pay the ransom 
  • restore from last clean backup

The last and probably the best option is to restore your system to a point before the ransomware hit. This means you need to have a good back-up system.

To defend yourself against these social media hacks there are some simple things you can do

  • review your privacy settings in your social media accounts 
  • don’t connect to strangers 
  • be suspicious 
  • if you have any doubt at all, make a call to your IT experts

Identify Theft

What do these companies have in common – LinkedIn, Adobe, Ebay, JP Morgan Chase, Sony and Target? Each of them have had more than 50 million user accounts breached and identities of clients stolen.

Here are some tips to protect yourself from identity theft

  • only use complex passwords with numbers, upper/lower case and punctuation
  • never re-use passwords
  • don’t iterate passwords
  • use a good password manager
  • use 2-Factor Authentication where possible

Cybercrime is real and not to be ignored. Staying well informed and taking the appropriate actions to protect yourself are the best ways to start. Don’t ever think it couldn't happen to you.

Article written based on a presentation for the SCA National Convention 2016, presented by Timothy Strachan – Special Projects, TPG and Daniel Borin – Director, StrataMax on Cyber Security

www.stratamax.com

 

Assistance Animals and the new NSW legislation

Assistance Animals and the new NSW legislation

The perennial issue in strata is to allow furbabies or not.  Many articles and decisions in the Courts and Tribunals have struggled with determining whether an owners corporation is being reasonable or not when considering animals in the scheme.  Whilst not delving into the rights and wrongs of animals in schemes one issue that has arisen with regularity is the potential conflict between animals under by-laws or policies and claims for an companion/assistance animal.

What can the Owners Corporation do when:

  1. the strata scheme has adopted a no animals by-law;
  2. a lot owner has a disability and believes that a companion animal will assist them;
  3. the Owners Corporation proceeds to enforce the no animal by-law; and
  4. the lot owner obtains a companion animal anyway on the belief that the pet is an Assistance Animal.

When the no animals by-law is adopted by the scheme to accommodate one or more lot owners who have medical issues such as an allergic reaction to animal hair, the debate can become heated. It extends beyond whether a scheme should allow the keeping of animals in a strata scheme to the rights of one lot owner who is unable to or does not wish to live with animals on the scheme and the rights of another lot owner who wants or needs to have a companion animal due to reasons including a disability.

As a nation with one of the highest pet ownership rates in the world, and a growing urban population whereby living in a house with a yard is no longer feasible, the rules governing keeping of animals in strata schemes will necessarily evolve with community expectations and become more animal friendly.

The current Strata Schemes Management Act 1996 (the Act) prohibits an Owners Corporation from creating by-laws that prevent the keeping of a guide or hearing dog. The prohibition will be broader in the new legislation and will rely on the definition of an Assistance Animal in the Disability Discrimination Act 1992 which includes a dog or other animal that provides assistance to people with disabilities.

However, there is still a lack of legislative guidance on the criteria for what qualifies as an Assistance Animal under the Disability Discrimination Act 1992. It provides that animals will qualify if they are trained by a recognised training organisation but animals who are not can also qualify if:

a)         they are trained to assist a person to alleviate the effect of a disability; and

b)         to meet standards of hygiene and behaviour that are appropriate for an animal in a public place

The definition of recognised training organisation is not stated, nor is there a criterion for what training is required or what standards of hygiene and behaviour are necessary. This is compounded by the fact that New South Wales, unlike many other Australian states, does not have a registration scheme for Assistance Animals. While there is the Assistance Animal Permit that can be obtained from RailCorp for Assistance Animals to travel on public transport, again the criteria is up to RailCorp’s discretion.

Therefore, there appears to be no clear cut answer to questions such as what evidence can the Owners Corporation can ask for, how much evidence they can ask for, and how persuasive it must be.  Without a prescribed list of information and clear procedures in place, avoidable conflicts between lot owners, occupiers and the Owners Corporation are created. In many cases, the owner or occupier will simply feel that they have no option but to obtain an animal without obtaining consent from the Owners Corporation and face the consequences later.

What should an Owners Corporation do?

As Assistance Animals are protected by the law, an Owners Corporation should first ensure that any by-laws that relate to the keeping of animals does not prohibit owners and occupiers from keeping an animal that is an Assistance Animal.

When the new legislation comes into effect, any by-law that prevents or restricts the keeping of an Assistance Animal on a lot will be unenforceable (Strata Schemes Management Act 2015). However, the legislation does not stop the Owners Corporation from making rules about the behaviour and management of animals on the scheme such as noise and hygiene.

The Queensland Government has recently introduced a streamlined process for guide, hearing and assistance dogs to be certified (Guide, Hearing and Assistance Dogs Amendment Bill 2015) and it is yet to be seen if the NSW Government will follow suit. Due to all of this, the debate will continue to rage on whether an Owners Corporation will be able to prohibit animals (apart from those specifically excluded).

In the meantime, the following steps may be taken by the Owners Corporation which should make the process less painful for all parties involved:

  1. if the by-laws prohibit the keeping of animals, ensure that clear reasons are provided on why (noting that these may be challenged in time);
  2. make sure that the by-laws do not prohibit the keeping of Assistance Animals;
  3. consider passing a by-law that establishes a clear and specific process for owners and occupiers to obtain approval for an animal (the process should include a list of information that must be provided such as medical evidence of the effect of the disability (if an Assistance Animal), evidence of the training received by the animal and official documentation from the relevant training organisation); and
  4. consider passing a by-law that regulates the behaviour of all animals on the scheme where the animals have been approved by the Owners Corporation (noise, hygiene, etc)

 

Article provided by Grace Lawyers

Grace Lawyers on the Move

Grace Lawyers on the move

Grace Lawyers Queensland is excited to announce that it has moved to a larger office located at Level 33, Riverside Centre, 123 Eagle Street, Brisbane.

We are grateful to our clients and referrers for their support, particularly through the transition when Jason Carlson took over as the partner leading the Queensland practice in September 2015.  Your support has enabled us to consolidate, strengthen and grow our practice. Our move to a new office will give us the resources we need to continually improve the quality of our legal service offering to you.

Grace Lawyers uniquely acts exclusively for bodies corporate in Queensland and strives to provide a consistent and quality service.  Our recent growth demonstrates that the market is responding well to our approach.  However, it is important to us that we set a platform to continue providing that level of service.  Fortunately, the commercial leasing market in Brisbane’s CBD presented great value at the right time, and enabled the firm to move without having to increase our rates for this new financial year.

We are also excited to announce that we have made two new additions to our Queensland legal team.  These will be newly created roles at Grace Lawyers to ensure we remain properly resourced to meet the expectations of our clients and referrers.

Kelevi Tuicolo will be joining as a senior associate.  He has been in practice for about 15 years and has gained valuable experience in strata law and commercial litigation at some notable law firms in Queensland. 

Amelia Hasson will also be joining as a clerk to support the dispute resolution and debt recovery practice.  She is scheduled to graduate from university later this year with Bachelors of Laws and Business with first class honours.

From 15 August our new contact details will be:

Address:          Level 33, Riverside Centre, 123 Eagle Street, Brisbane Qld 4000

Post:               GPO Box 1950, Brisbane Qld 4001

Telephone:       (07) 3102 4120

Fax:                (07) 3102 4121

We look forward to welcoming you to our new office and introducing you to our new team members shortly.

Provided by Grace Lawyers

SCA (SA) September 2016 Update

SCA (SA) President Report

At the last meeting of the SCA (SA) Chapter Executive, we took some time to reflect on some of the accomplishments of the past 12 months, as well as where we want to focus attention in the coming year.

Some of the accomplishments include:

  • After a long time in the planning, in September 2016 we released the first SCA (SA) management agreement.
  • The first SCA A100 course for SA was run during August
  • 3 morning tea networking and training events were held
  • Planning for the first SCA (SA) 2016 CHU Strata Community Awards gala dinner to be held at Adelaide Oval on 4th November
  • Increased industry participation in SA, including via our  Platinum partners  CHU and Otis Elevators, as well as  our Gold partners Longtitude, Rockend, StrataLoans and QIA Group.
  • Financial strengthening of the chapter, helped significantly through our sponsors. This puts us in a great position to continuously improve our offering to our valued members

Whilst these are good strides forward, we have a very exciting year ahead.  In particular the areas we are focussing on include:

  • Expanding the membership both of Strata Managers and suppliers
  • Increasing sponsorship to provide the financial base to deliver better services to our members
  • Delivering greater value to our sponsors
  • Investigate having a full day symposium and/or informal networking sessions
  • Making education more accessible including utilising online learning
  • Making best practice guidelines available

Of particular note we have our inaugural SCA (SA) 2016 CHU Strata Community Awards on Friday, 4 November at Adelaide Oval.  I invite and recommend you all to attend this prestigious event and also to nominate yourself or others for one of the awards.  It is going to be a great night, and a perfect opportunity to recognise the fantastic work being put in by individuals and companies. Becoming a finalist or a winner gives you a competitive advantage over your peers and highlights your ability to provide exceptional service to your clients.

I would also like to draw your attention to a new membership structure coming into place.  The current structure is that people need to be individually become members of the SCA.  The new structure means that if the company you work for is a member of the SCA, then all its employees will gain automatic membership.  There is a different membership fee structure to provide for this, however one thing we hope to see from this is an increased number of people exposed to SCA events, as all employees of member strata firms will be members.  The vision is that this increased exposure will lead to a higher level of education and experience sharing leading to higher levels of service for our clients.

Education

On 17-19 August, the first SCA A100 Introduction to Strata Community Management course for SA was held. The course is primarily an introductory course and is a good entry level course for new owners’ corporation managers or their assistants.

It was well attended and feedback from it was very positive.  It was a great opportunity to learn from the trainers, but equally the knowledge sharing amongst participants was excellent.

This type of continued professional development and knowledge sharing allows SCA members as an industry to provide higher levels of service to our clients.

Another A100 will be held in 2017 and details of this will be announced in due course.

Upcoming Events
WHAT SCA (SA) 2016 CHU Strata Community Awards
WHEN Friday, 4 November 2016
WHERE Adelaide Oval
http://www.stratacommunity.org.au/states/sca-sa-2016-chu-strata-community-awards

Marc Steen
SCA (SA) President

SCA (Tas) September 2016 Update

From the President’s desk – Hobart update

A few weeks ago now in the middle of August, I had the opportunity to be present at the SCA A100 course held here in Hobart. It was good to see around 13 people in attendance all very keen and eager to learn and to hear what has happening on the mainland in the world of strata. Hobart being a very close community, most of the managers of course know each other well, but there was one or two new faces present also.

One of the aspects of the job I personally enjoy, is the process of transformation that can happen to a property with some direction from a good strata manager, matched hand in hand with the backing, and financial support of a group of willing owners. Some complexes we have picked up have been badly neglected overtime, and run down due to the owners that either live at the property or rent it out as an investment not having an idea on how strata works and how improvements can be made in a relatively short period of time for the benefit of all. The process of inspecting and photographing the property, along with getting some quotes and building a budget and setting up a future plan is important and all seems very day to day for the experienced manager. The improvements not only to the grounds and gardens, but also exterior painting, repairing damaged fences and compliance issues are all important and value add to the look of the complex. This in turn of course makes the place more presentable, this attracting a better tenant and in some cases a better rent, and also owners that live on site at the complex, and their unit is their castle,  this gives them a better sense of pride. Having your strata managed professionally is a win win situation for all parties.

Tim Barwick
General Manager, Tas Strata & Property Group Pty Ltd
President, Strata Community Australia (Tas)

 

 

A Victory For Common Sense

A Victory For Common Sense

Kim Henshaw
CEO of Strata Community Australia

SCA has long championed the concept that common interest communities ought to be able to determine for themselves what is allowed and not allowed in their community – within the bounds of legislation of course. This principle has recently been upheld by Australia’s highest jurisdiction, the High Court, in a decision that seems to me to be a victory for common sense. Coverage of the case is available here;

http://www.news.com.au/finance/work/leaders/high-court-rules-on-13-million-noosa-balcony-dispute/news-story/f8db9558b7f2f44b61b6f950bc00edc9

Although this particular case involved a dispute in Queensland the fact that it went all the way to High Court, which has jurisdiction across the country, means it is likely to influence similar matters in other states. If that were in fact to be the case it would do two things that we see as positive. Firstly, and as mentioned above, it provides acknowledgement for the concept of self determination by common interest communities. Secondly, and this may be more of a wish, it could have the effect of influencing state legislators about the need for more consistent laws across Australia. Terminology may differ from state to state but the concepts involved in organising common interest communities do not differ greatly between states or in fact between countries. There are only so many ways this pie can be diced and sliced…

 

We thank our National Partners

 

       

 

 

                                                                     

 

              

                                           

                      

SCA (SA) President Report – October 2016

SCA (SA) President Report – October 2016

Marc Steen
SCA (SA)
President

At the time of writing, the event that is top of mind in the strata industry in South Australia is the inaugural SCA (SA) 2016 CHU Strata Community Awards on Friday, 4 November at Adelaide Oval. 

If you still have time, and are not already registered, I invite and recommend you all to attend this prestigious event.  It is going to be a great night, and a perfect opportunity to recognise the fantastic work being put in by individuals and companies. Becoming a finalist or a winner gives you a competitive advantage over your peers and highlights your ability to provide exceptional service to your clients.

Two other items of note.  Firstly, we are now working with MPC on a PR focus for the SA market which is going to leverage off the work they are doing in other states.  The first press release is just about ready to go.  The topic is the value of choosing a strata manager that is a member of SCA, and the risks of using non-member strata managers.

Secondly, we are about to focus on strengthening our relationship with the SA government so that we can pro-active lobby and represent the industries views.  This will be a win-win for the industry, consumers and the government.

Upcoming Events

THE SCA (SA) 2016 CHU STRATA COMMUNITY AWARDS

WHAT SCA (SA) 2016 CHU Strata Community Awards
WHEN Friday, 4 November 2016 from 6:00pm
WHERE Adelaide Oval – Ian McLachlan Room
http://www.stratacommunity.org.au/states/sca-sa-2016-chu-strata-community-awards

I look forward in our next communication to announce the winners.  Good luck to all entrants!

 

Viridian in the High Court of Australia

Viridian in the High Court of Australia – what role does an Adjudicator play in resolving a dispute about reasonableness?

By Grace Lawyers – October 2016

 

In December 2015 and August 2016 we gave updates on the Queensland Court of Appeal’s decision in Albrecht v Ainsworth [2015] QCA 220 and the appeal made to the High Court of Australia. You may view the summary we gave of the Court of Appeal’s decision here.

Background

This involved a dispute over the reasonableness of opposition to an owner’s attempt to acquire exclusive use of 5m2 of common property air space so they could join a small external deck to a daybed to create a larger external deck. The air space was valued at no more than $20,000.

The grant of exclusive use had to be authorised by resolution without dissent. 50% of the voters opposed it, including on the grounds that:

  • it was inconsistent with the architectural design and intent of the villas to limit external use;
  • the creation of a larger desk is likely to generate more noise and interfere with the privacy of neighbouring villas;
  • it would set an undesirable precedent and open the floodgates for other owners to seek the same privilege; and
  • despite the benefit the owner would receive by the exclusive use grant, they had not offered to pay anything for it.

The dispute was first determined by an Adjudicator in the Office of the Commissioner for Body Corporate and Community Management, who relevantly found that:

  • her role was to “determine the balance between the need to protect the genuine interest of owners and their voting entitlements, and upholding the justifiable position of proponents the face of unfounded or vexatious opposition[1];
  • it is not reasonable to seek to prevent any deviation from the original design intent[2], that she “simply cannot see the claimed change to the architectural integrity of the scheme” and, in the face of numerous competing architectural expert reports, she considered the opinions of one set of architects to be “more supportable” than the other[3].

Appeals

The opposing owners appealed to the Queensland Civil and Administrative Tribunal (QCATA). The presiding member allowed the appeal and relevantly found that there was nothing in the argument of those opposing the exclusive use grant that was “inherently implausible or unreasonable if one gives any respect to the notion of architectural intent and architectural integrity.”[4]

The matter then went before the Queensland Court of Appeal, where the President relevantly found that:

  • “…the Adjudicator is not limited to determining whether the … opposition to the motion could have been reasonably held. She was required to reach her own conclusion after considering all relevant matters.”[5]
  • As the reasons of both the Adjudicator and QCATA demonstrate, views as to what was reasonable or unreasonable involved value judgments on which there was room for reasonable differences of opinion, with no opinion being uniquely right. Had QCATA’s views as to unreasonableness been the views of the Adjudicator, and had the Adjudicator made no errors of law, that finding would have been unassailable…[6]

So in other words, while the views of the Adjudicator and QCATA were different, they were both reasonable. But as the Adjudicator gave her views first, they could not be appealed as there was no legal error to them.

The significance of this case

Our update in December 2015 noted that the approach of the Adjudicator and the Court of Appeal may cause concerns for bodies corporate and committees across the industry. That approach would permit an Adjudicator to impose their own judgment on what is reasonable in the circumstances of a particular scheme, as opposed to simply determining whether the grounds for the body corporate’s decision were reasonable held and allowing the stakeholders involved to form their own value judgments on what is appropriate for their scheme.

This dispute involved many owners opposing an external change to the scheme on architectural grounds that the change was inconsistent with the original design intent. We noted that architecture is in many respects as art. People will appreciate it in different ways and to varying degrees based on their unique tastes, preferences and values.

An implication of the Queensland Court of Appeal’s decision was that the values of an Adjudicator can be substituted for the values of lot owners who have invested and live in a community titles scheme, and the Adjudicator’s value judgment is “unassailable”.

The High Court’s decision

It is not surprising that the opening remark of His Honour Chief Justice French at the hearing before the High Court was: “Ultimately, I think there has been a lot of ink spilt in this matter on the way to his Court.”

The Justices of the High Court unanimously allowed the appeal of the opposing lot owners and sharply criticised the approach taken by the Adjudicator and the Queensland Court of Appeal.

Her Honour Justice Nettle found that the Adjudicator had erred “by exercising her own subjective judgment in what she conceived of as a balancing exercise aimed at assessing the appropriateness of allowing the improvements[7] and that the dispute over whether the opposition was unreasonable could not be resolved “upon the subjective and unexaminable opinion of an adjudicator.”[8]

When resolving a dispute about opposition to a motion that required a resolution without dissent, the Adjudicator’s role was limited to considering the reasonableness of the opposition. So “opposition prompted by spite, or ill-will, or desire for attention, may be seen to be unreasonable in the circumstances of a particular case[9], but it is not the role of an Adjudicator to reach his or her own conclusion as to whether it would be reasonable to approve the motion.[10]

Why the decision matters

While this case involved the reasonableness of opposition to a resolution without dissent, the sharp criticism given to the approach the Adjudicator took in forming and imposing her own subjective view is likely to translate across to how Adjudicators resolve other disputes about the reasonableness of body corporate decisions or by-laws.

In our respectful view, this decision of the High Court reaffirms one of the fundamental purposes of the Body Corporate and Community Management Act 1997 (Qld) – to balance the rights of individuals with the responsibility for self management as an inherent aspect of community titles schemes.[11] A body corporate cannot be responsible for self management if any decision it makes is tentative until such time as an Adjudicator gives their subjective views on what is reasonable and appropriate in the circumstances.

Provided by Grace Lawyers

 

[1] Viridian Noosa Residences [2013] QBCCMCmr 351 at [38].

[2] Viridian Noosa Residences [2013] QBCCMCmr 351 at [56].

[3] Viridian Noosa Residences [2013] QBCCMCmr 351 at [63].

[4] Re Body Corporate for Viridian; Kjerulf Ainsworth & Ors v Martin Albrecht & Anor [2014] QCATA 294 at [116].

[5] Albrecht v Ainsworth & Ors [2015] QCA 220 at [82].

[6] Albrecht v Ainsworth & Ors [2015] QCA 220 at [84].

[7] Ainsworth v Albrecht [2016] HCA 40 at paragraph 88.

[8] Ainsworth v Albrecht [2016] HCA 40 at paragraph 101.

[9] Ainsworth v Albrecht [2016] HCA 40 at paragraph 63.

[10] Ainsworth v Albrecht [2016] HCA 40 at paragraph 95.

[11] Section 4(a) of the Body Corporate and Community Management Act 1997 (Qld).