It was until recently generally thought that with the exception of assistance animals, that by-laws may permit, permit with consent or prohibit the keeping of animals in a lot or on common property – and that sections 156 to 159 gave NCAT powers to enforce such by-laws and also to order that an animal may or may not be kept, in certain circumstances.
However in a case concerning the Horizon Building in Sydney decided on 12 October 2020, the NSW Court of Appeal has held that applying the tests encompassed by the phrase “harsh, unconscionable or oppressive” in section 139 of the Act, a by-law which prohibits absolutely the keeping of animals is “oppressive” because it prohibits an ordinary incident of the ownership of real property, namely, keeping a pet animal, and provides no material benefit to other occupiers.  The Court unanimously concluded, perhaps surprisingly, that in an apartment building such as the Horizon in Sydney, an animal could be kept within a lot without creating the least interference with other lot owners. Therefore the by-law was oppressive because it prohibited the keeping of animals across the board, without qualification or exception for animals that would create no hazard, nuisance or material annoyance to others. Thus it interfered with lot holders’ use of their real property in a respect and to an extent that is unjustified by any legitimate concern of others in the building.
The Court held that this was to be contrasted with the model by-laws concerning animals as set out in Sch 3 of the Management Regulation 2016. Option A of model by-law 5 would permit an owner to keep an animal subject to it remaining within the owner’s lot and entering common areas only under supervision. Option B would permit an animal to be kept within a lot or on the common property subject to the approval of the owners corporation, such approval not to be unreasonably withheld. The Court held that these were examples of by-laws that avoided oppression by restricting individual lot owners’ exercise of their property rights only to an extent that is adapted to the preservation of others’ enjoyment of their own lots or of the common property.
The result will undoubtedly be that the Owners Corporations spend a significant amount of Owners money on litigation in NCAT (where legal cost are generally not recoverable) disputing the niceties of a particular animal and its potential impact on other lot owners in the particular circumstances of the particular strata building.  For pet lovers, you can argue the toss, no matter what the by-laws say.
Wayne Muddle SC
www.stratacounsel.com.au

COVID-19 prompts Strata Levy Funding Lifeline
Owners corporations and body corporates are being offered a strata levy funding lifeline during the COVID-19 health crisis.
The impact of COVID-19 is being felt by consumers and businesses across the country as conditions are imposed to help slow the spread of the virus.
The strata sector has not been immune to the COVID-19 health crisis. Strata management companies and body corporates have been inundated with calls and enquiries from strata owners seeking to defer strata levies.
 The challenge for owners corporations and body corporates is balancing the budget when maintenance costs could be higher and levy contributions could be lower due to finan­cial hard­ship of its own­ers.
The strata and body corporate sector supports more than just owners. The industry supports thousands and thousands of small businesses, sole traders and subcontractors – as well as their families.
Managing strata cash flows during the pandemic will be a significant challenge in the months to come. Collectively, owners corporations and body corporates need to make smart and equitable decisions.
Dealing with a strata levy shortfall
In response to a potential strata levy shortfall, Lannock Strata Finance has introduced a new loan product.
Lannock Strata Finance CEO Paul Morton said the owners’ corporation in this situation can take advantage of a product called Levy Assist, which provides a loan to help manage levy payments.
Levy Assist generally provides a year’s funding for all owner corporations, and more if required, and enables an owners’ corporation to meet its financial obligations way past the anticipated end of the virus crisis.
“Levies are the lifeblood of the body corporate system as they cover the cost of maintaining the building, insurance and other running costs,” Mr Morton said.
Given the economic downturn due to COVID-19, many owners are afraid that they will be unable to pay their levies. This will mean people who maintain strata complexes such as gardeners, builders and cleaners could struggle to get paid.
As a flexible option, the levy assist loan basically acts as a safety net for strata, which the corporation can opt out of using. In the case of unuse, they will not be required to pay any amount.
The borrower also decides the length of time for which they will need assistance, meaning that they will not be restricted to the usual three- or six-month period.
“The Levy Assist loan puts the owners in control. We don’t tell the corporation what amount we’ll lend, we let the owners work out what is best in their situation. There is a standard term and interest only period, but we’ll also adjust that if you want something different.”
“We don’t ask for personal financial information, there’s no security, set up cost, bank liens, fees, charges, caveats or personal guarantees. We let you pay it back over time or in one hit whenever you like without penalty.”
“The corporation can decide each month whether to fund its needs by drawing on the loan or by using funds from other sources,” he highlighted.
According to Mr Morton, the decision about levies and loans should be made at a owners corporation or body corporate general meeting.
“Every owner corporation is different and owners have different needs and objectives – the general meeting is the place to decide which is best for each particular group.”
*The product is not available to strata corporations in Tasmania.

COVID-19 Changes to Strata Levy Debt Recovery
There are some key changes to the requirements of strata levy debt recovery during the COVID-19 crisis. Owners corporations and body corporates will now need to reconsider how they recoup unpaid strata contributions.
On March 25th, 2020, the Australia Government announced changes to personal and corporate insolvency laws as part of their economic response. The changes now have a dramatic impact on the way overdue strata levies are recovered.
What are strata levies?
Strata levies are a fee or ‘contribution’ paid by all lot owners in a scheme to cover any projected costs and expenses. The funds raised are fundamental to all strata, community and body corporate schemes as they pay for the upkeep and repairs to common areas of the property, without which the property would fall into disrepair, along with more everyday costs including utilities and building insurance. The amount and frequency of levy payments are generally decided on an annual basis at the Annual General Meeting.
Changes to Strata Levy Debt Recovery
The changes to the insolvency laws, while temporary, will have a significant effect on the cashflow of owners corporations and body corporates.
The changes are designed to protect unnecessary insolvencies and bankruptcies for a six-month period during the COVID-19 health crisis.
The measures will assist individual strata owners manage debt and to avoid bankruptcy due to unpaid strata levies.
What are the changes to Strata Levy Debt Recovery?
Minimum Amount of Debt

Statutory Demand: The minimum amount of a debt required for an owners corporation to issue a creditor’s statutory demand against a corporate lot owner will increase from $2,000.00 to $20,000.00.
Bankruptcy: The minimum amount of a debt required for an owners corporation to initiate bankruptcy proceedings against a lot owner in levy arrears will temporarily increase from its current level of $5,000.00 to $20,000.00.

Lot Owners Time to Respond

Statutory Demand: The time for a corporate lot owner to respond to a creditor’s statutory demand will be extended from 21 days to 6 months.
Bankruptcy: The time a lot owner will have to respond to a bankruptcy notice will be temporarily increased from 21 days to 6 months.

Therefore, for the next 6 months, and maybe longer, the standard practice of utilising a statutory demand or a bankruptcy notice to collect unpaid contributions is not a viable option for owners corporations and body corporates.
Alternative Levy Recovery Methods
Owners corporations and body corporates will now need to consider other methods where necessary and appropriate. Alternative methods for debt collection methods may include garnishee orders in respect of wages/salaries, funds in bank etc or a writ on property that would allow the Sheriff to seize and sell goods that belong to the owner.
It is a time where owners corporations and body corporates need to be reasonable, fair and considerate. Deciding to take action should be based on individual circumstances.

What is the relevant owners levy payment history?
Can the owner demonstrate a financial hardship as a result of COVID-19?

Levy recover actions in process prior to the pandemic would like to follow due process unless there are extenuating circumstances.
Managing strata cash flows during the pandemic will be a significant challenge in the months to come. Collectively, owners corporations and body corporates need to make smart and equitable decisions.
We always recommend seeking legal advice when owners corporations and body corporates are considering levy debt recovery actions.

What is the levy interest rate on unpaid strata levies?
Interest rates for unpaid strata levies vary greater from to state to state
A strata levy also known as a body corporate fee is a ‘contribution’ paid by all lot owners in a scheme to cover any projected costs and expenses.
Levy Interest Rate, Queensland
A Body Corporate has the power to charge 2.5% interest per month (30% per annum) on levies which are overdue, by way of ordinary resolution. The interest allows Body Corporates to penalise an owner and gain compensation for costs associated with a default by an owner to service his/her/its obligations.
(Regulation 144)
Levy Interest Rate, New South Wales
In NSW, if a contribution is not paid within one month, the unpaid levy attracts interest at a rate of 10% simple interest a year. The Body Corporate cannot increase or decrease the interest, but it can make a special resolution to charge no interest. Unpaid levies, including interest, can be recovered by the Body Corporate as a debt in court.
(Section 85)
Levy Interest Rate, Victoria
In Victoria, the penalty interest rate applies to debts arising from a civil judgement debt or court order. The interest rate is currently 10% per annum but it is important to check this figure as it is regularly amended by the Victorian Attorney General.
(Section 29)
Levy Interest Rate, Australia Capital Territory
In ACT, unpaid strata levies attract an interest of 10% per annum. The owners corporation can decrease the interest or increase it up until 20% by way of special resolution.
(Section 94)
Levy Interest Rate, Tasmania
In Tasmania, interest accrues on overdue contributions at a rate fixed by resolution of the Body Corporate. The rate of interest must be fixed on a fair and reasonable basis.
Levy Interest Rate, South Australia
In South Australia, contributions which are late may incur interest of up to 15% per annum. This interest may be imposed by the strata corporation following an ordinary resolution.
(Section 27)
Levy Interest Rate,  Western Australia
In Western Australia, a Body Corporate can impose and interest charge of 15% for contributions not made.
(Section 26)
 

Due to the impacts of COVID-19, Government have imposed obligations to protect the health of the community. Unfortunately, this has adversely impacted the Australian economy. There is currently a lot of discussion regarding the potential difficulty that tenants will face if they lose their jobs and are unable to pay the rent on their properties.
“Our fear is that Government will legislate to remove tenant’s obligation to pay their rent,” says Tim McKibbin, REINSW CEO. “This is concept fundamentally flawed.”
“By removing the obligation of a tenant to pay rent, merely transfers the difficult financial circumstances of the tenant to the landlord,” says McKibbin.
Landlords have expenses: rates, water, strata fees, maintenance and mortgage repayments to name a few. If landlords are required to absorb these expenses, then effectively the Government is asking the landlord to provide social housing.It has been suggested that the major banks may give mortgage holders a holiday from making loan repayments if they are suffering financial stress. Whilst that sounds like an attractive option, the landlord is still paying interest on the loan, and that is compounding each month. Paying interest on the interest charged. There is nothing free being offered by the banks.Once the opportunity to avoid paying rent is made available, some tenants who do not require assistance may see the opportunity to avoid their contractual obligations. It is difficult to see how a process to expeditiously assess and assist the needy whilst avoiding the opportunist.It is a fallacy that all landlords are wealthy. 80% of landlords own only one property. That property is typically mortgaged and the landlord is either making loan repayments, or alternatively the property is owned by a retiree who depends on the income for their expenses. By removing the requirement to pay rent, it puts the landlord in financial stress. What is needed is Government to assist and enable the Tenant to pay the rent. The life-blood of all economies is the flow of money, if the money stops flowing then the economy dies. A better solution is for the Federal Government to provide tenants with assistance to pay the rent and allow the money to move thus keeping the economy active.The policy of granting tenants the right not to pay rent – erroneously assumes that the landlord has not lost their job!
Source: REINSW

Apartment Owners Ask: Do we still need to hold meetings in person?
The owners and managers of apartment buildings across the nation are demanding to know whether they are still required to have face-to-face body corporate meetings, while trying to reduce the risk of infection and spread of the coronavirus, COVID-19.
Legislation requires body corporates to convene an Annual General Meeting, at which important decisions for the ongoing operation and management of the building are made, including the raising of quarterly levies.
The Australian College of Strata Lawyers is calling for government intervention in all states to make clear to owners and strata managers that, during this unprecedented period, their communities will not be penalised should they choose to delay the convening of a meeting or fail to hold a meeting strictly in accordance with the legal requirements.
Legislation mandates face-to-face meetings for strata buildings in particular circumstances. In some states, buildings can ‘opt-in’ to conduct their meetings in writing or electronically. If buildings have not already opted-in, owners will need to meet in person to make the decision to opt-in to an electronic regime.
Spokesperson for the Australian College of Strata Lawyers, Amanda Farmer, says “Permitting owners to vote via a proxy would remove the need for owners to attend a meeting in person to have their vote considered, but in NSW there is a limit to the number of proxies that may be held by one person. People will still need to meet in person to make decisions for their community unless they have opted-in for electronic voting.”
“Strata buildings are unique”, says Ms Farmer. “Owners do not necessarily have the same rights shareholders have in a regular corporation: they may not be able to simply post in their vote for the Annual General Meeting or appoint the chairperson as their proxy. There are strict requirements around the conduct of meetings, designed to ensure that all owners have the opportunity to have their voice heard. Whilst this is an important goal to strive for, extraordinary situations like the one we are all currently experiencing point out the blocks this system can cause. Meetings that are not conducted strictly in accordance with legislative requirements may be invalidated by later legal challenge.”
“Swift intervention from our state governments could remove these burdens, or at least assure owners and strata managers that a failure to achieve strict compliance will not result in important decisions – such as the raising of money or the renewal of a contract – being invalidated in the future.”
The current situation is fast-changing. The College urges owners and strata managers to consult a strata lawyer qualified to practice in their state and seek legal advice specific to their building.
Source: The Australian College of Strata Lawyers

Can I have medium or large dog in Strata?
Yes, you can have a dog in a strata apartment, if you tick all the boxes, but what about a medium or large dog in Strata?
Traditionally strata residents faced a range of restrictive by-laws which prohibited pets within strata schemes which included a blanket ban or only allowing small pets. In 2016, ‘pet-friendly’ strata reforms made it easier to own a pet and the new legislation now encourages strata residents and strata plans to allow pets in their buildings.
The new legislation provided new model by-laws which make for a far more relaxed attitude to allowing pets in strata buildings. However, the ‘pet-friendly’ amendments to the Strata Act didn’t automatically permit pets in strata schemes. It was however a big step forward.
Dog ownership in Australia
In 2019, around 40% of Australian households included at least one dog, making them the most popular type of pets. The change in strata law recognised that attitudes to pets in apartments has changed over time in Australia and that, as more people live in apartments, more people expect to be able to keep pets in apartments.
By-Laws for Pets in Strata
“Before the commencement of the Strata Schemes Management Act 2015, there were three model by-laws regarding pets. These model by-laws offered a choice to ban pets, to allow pets with permission, or to allow small pets without permission. One of these by-laws could be registered when the strata scheme was established, however the default by-law was to ban pets,” a NSW Fair Trade spokesperson said.
NSW Fair Trading said under the new strata laws, there is no model by-law banning pets, while the new default by-law is that pets are permitted and the owners corporation must be notified.
“The two new model by-laws either allow pets to be kept if the owner’s corporation is notified, or allow pets to be kept with written approval, which must not be unreasonably refused,” the spokesperson said.
“This aims to make it much easier for strata residents to own pets. As with all by-laws, it is up to the owner’s corporation to choose which by-laws will apply in their scheme,” the NSW Fair Trading spokesperson said.
The ‘small pet’ model by-law has been removed but the Act remains silent on ‘medium’ or ‘large’ animals.
Medium or large dog in Strata – Do I really have to carry a dog across common property?
This question was asked by David in Potts Point:
I’m in the process of looking at a property to buy (Strata) and in dealing with all the Strata Managers, a number have replied and given me permission to have pets in our proposed place! However, one of the conditions is that I must carry my dog across any common areas?? My 30kg Staffy is going to give me a hernia!!!🤣🤣🤣 This appears to be a common clause in what I’ve been asked to sign! Obviously, carrying a dog that size is impractical. What now?
To answer your question, we’ll look at the historical nature of ‘carrying animals across common property’.
The repealed Strata Schemes Management Regulation 2010 (Schedule 2 17 c) stated:
If an owner or occupier of a lot keeps a cat, small dog or small caged bird on the lot then the owner or occupier must: carry the animal when it is on the common property.
This model by-law was repealed on 29 November 2016. The new model by-laws removed a prohibition on pets and also the requirement to carry animals across common property.
In light of the strata reforms, all strata schemes were required, by law, to review their by-laws by 30 November 2017.
An owners corporation can choose to adopt the new ‘keeping of animals’ model by-law or they can create their own by-law. This means that in NSW by-laws can vary widely.
It’s important to note that the new model by-laws do not apply to a strata scheme unless they are adopted by the owners corporation for the strata scheme or lodged with the strata plan.
Before getting too serious about buying your new strata property, you will need to carefully review the by-laws in relation to pets. You can request a copy from the strata manager or you will receive a copy as part of your strata inspection report.

Did the strata scheme review or change the by-law since 30 November 2016?
Does the strata scheme permit the keeping of dogs?
If so, on what terms and conditions?

 
For example, does the by-law limit the size or weight of the dog? Some strata schemes still regulate dogs by reference to weight (e.g. under 10kgs)
As per your message, you are performing the correct research but you have run across a number of strata schemes that are utilising the old model by-laws, which they are entitled to do. You’re half-way there but I appreciate your dilemma.
While most Australians are inherently reasonable and do not presume to regulate their neighbours’ private lives, one glaring exception can be strata living and strata pet ownership in particular.
As a former strata chairperson, I took the view that it wasn’t the strata committee’s role to judge or determine a pets suitability based on its size or weight. (In my view, a by-law requiring that pets be carried across common property was just ridiculous). A strata committee’s power must be wielded reasonably and only when objectively necessary.
Our committee were quite reasonable with pet requests. It could even be argued that Great Danes, despite being a very large breed, are considered to be very good apartment dogs. They are low-energy dogs with a gentle and affectionate temperament unlike some of the rotten apples you deal with in strata.
Strata communities must adapt to contemporary community standards. We have already seen the NSW Civil Administration Tribunal (NCAT) rule that a no-pets by-law was “harsh, unconscionable and oppressive” – and therefore invalid under strata law.
Unfortunately, there is no hard and fast rule regarding having a medium or large dog in Strata or the legality of having to carry an animal across common property.
Maybe it is time to test whether carrying your 30kg Staffy over common property is ‘harsh, unconscionable and oppressive and in breach of section 139 (1) of the Act.
Further reading:
Model By-Laws for Pets in Strata
Best Apartment Dogs
Having a Pet increases your lifespan

What is a Strata Inspection Report and do I need one?
Buying a strata property?
A strata inspection report (also known as a strata search, Owners Corporation Records Inspection or Section 182) is a report that all purchasers of a strata titled, community titled or company titled property should invest in whether this is a residential or commercial property.
You’ll need to find out if the scheme is well-run, well-maintained, adequately financed, and planned well.
Do I need a strata inspection report?
Commissioning a strata report before you buy can tell you almost everything you need to know about a property and its people before you’re tied to it financially.
Strata schemes are required by law to keep records. Owners Corporations are required to keep Accounts, Minutes of Meetings, Correspondence and other records to properly manage the building.
When purchasing an apartment, or commercial premises a prospective purchaser automatically becomes a member of the Owners Corporation, & thereby responsible for any issues relating to common property. The Owners Corporation is responsible for any assets the Owners Corporation may have & unfortunately any liabilities.
General levies are usually paid quarterly and should be sufficient to cover annual maintenance and repairs as well as periodic maintenance items such as repainting of the building. In circumstances where the general levy is not sufficient to cover an expense item, the owners corporation will make a special levy on unit holders. It is vitally important to know if the finances of the owners corporation are in order of if there are any major issues affecting the building before bidding at an auction or making an offer.
What’s included in a strata inspection report?

Who is the current owner?
What are the quarterly levies for the property?
What are your voting rights? What is your unit entitlement?
When are the levies paid to?
The financial status of the scheme
Past, current and future major works
Any likelihood of special levies
A 10-year budget plan
The budget and all expenses for the past two years
A copy of the schemes by-laws

 
You’ll also find general information on strata insurance, building finances, bylaws, disputes and other property or people related matters. A report would normally reference the by-laws relating to pets, renovations and refurbishment.
Strata inspection reports are conducted by a comprehensive examination and analysis of written records and accounts to ensure that everything is in order. A strata inspection report can give buyers the knowledge and information to make an informed decision, power to negotiate or to provide reassurance and insights to proceed with your purchase.
What to look out for in a strata inspection report:

Is the property adequately insured?
Is the complex financially well managed (consider age of the building, size of capital works fund, etc.)?
Does the building have any defects? How are they being addressed?
Does the scheme meet council, fire and safety regulations?
Any evidence of legal action or public liability claims?
History of disputes (e.g. between owners and the owners corporation)
Are there any outstanding invoices or building works that could result in a special levy?
What is the future of the building, is it clear?
Any evidence of structural or building problems?

 
We recommended engaging a professional strata inspection report firm for this vital step in buying a strata property.

Model By-laws for pets in strata
The model by-laws provide owners corporations with options to control whether pets are allowed, and on what terms. For example, the owners corporation may choose to have a pet by-law which:

bans pets on the property altogether (other than assistance animals)
allows owners to keep a pet and simply provide 14 days notice from when the pet has started living on the lot owner’s property, or
allows a pet with the written permission of the owners corporation. This particular model by-law states that the owners corporation cannot unreasonably refuse the request. If they do refuse, they must give the owner written reasons outlining why the pet is not being permitted.

Despite the much hyped and anticipated NSW Strata Reforms in 2015, pets are still not automatically permitted in strata schemes. The recommended or model by-laws do not apply to a strata scheme unless they are adopted by the owners corporation for the strata scheme or lodged with the strata plan.
Owners corporations can determine the by-laws that suit the preferred lifestyle of the strata scheme. Although, a by-law must not be harsh, unconscionable or oppressive. By-laws cannot restrict assistance animals.
Keeping of animals in Strata
Note. Select option A or B. If no option is selected, option A will apply.
Option A
(1) An owner or occupier of a lot may keep an animal on the lot, if the owner or occupier gives the owners corporation written notice that it is being kept on the lot.
(2) The notice must be given not later than 14 days after the animal commences to be kept on the lot.
(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must—
a) keep the animal within the lot, and
b) supervise the animal when it is on the common property, and
c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.
Option B
(1) An owner or occupier of a lot may keep an animal on the lot or the common property with the written approval of the owners corporation.
(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.
(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must—
a) keep the animal within the lot, and
b) supervise the animal when it is on the common property, and
c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.
(4) An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.
In all cases if pets are allowed, the lot owner must still supervise their pet, clean any common property that is soiled, and ensure their pet is not noisy or negatively impacting on other residents.
Reference: Strata Schemes Management Regulation 2016 – Schedule 3
© State of New South Wales (NSW Fair Trading). For current information go to fairtrading.nsw.gov.au

An owners corporation is the legal entity that combines all the lot owners in a strata scheme.
Owners corporations (also called strata corporations, corporations, body corporates and strata companies, depending on the state or territory) are automatically created when a plan of subdivision contains common property.
Common property may include driveways, paths, foyers, stairs, lifts, and common garden areas. Every strata scheme has an owners corporation. All owners are automatically members of the corporation, but tenants are not.
In large subdivisions, more than one owners corporation may be created.
An owners corporation operates like any other business. It can make rules which are binding on the corporation, owners and tenants regarding the use of common property and the lots, providing that the rules do not contravene legislation governing strata titles or other laws.
An owners corporation (formerly body corporate) manages the common property of a residential, commercial, retail, industrial or mixed-use property development.
You are likely to be a member of an owners corporation if you own a flat, apartment or unit. Your ‘body corporate’ became an owners corporation on 31 December 2007, when the Owners Corporations Act 2006 came into force. This law sets out the duties and powers of owners corporations.
Responsibilities of an owners corporation
An owners corporation must:

manage and administer the common property
repair and maintain the common property, fixtures and services
take out and maintain required insurance
raise fees from the lot owners to meet financial obligations
prepare financial statements and keep financial records
provide owners corporations certificates when requested
keep an owners corporation register
establish a grievance procedure.

It must also:

carry out any functions and duties under the Owners Corporations Act 2006, the Owners Corporations Regulations 2018, the owners corporation rules and any other law or regulation
ensure compliance with the Act, the Regulations and the rules.

 
Four levels of an owners corporation
The owners corporation operates at four levels:

The owners corporation, consisting of all the lot owners.
The committee, consisting of elected lot owners or lot owners’ proxies.
A delegate of the owners corporation. For example: the chairperson, the secretary, a committee member, a lot owner, or an employee of the owners corporation.
A delegate of the committee. The committee may delegate to a lot owner, a manager or sub delegate to a member of the committee.

The owners corporation (all the lot owners):

keeps control of all decision-making
can delegate powers, but only for matters that do not require a unanimous or special resolution or that are required to be dealt with
can overturn an earlier decision of the owners corporation. Only the owners corporation can do this
can appoint sub-committees to advise the owners corporation. Sub-committees cannot make decisions.

The committee:

can make decisions on all matters delegated to it by the owners corporation except on matters that the owners corporation has determined must be decided at a general meeting.

A delegate:

can make decisions within the limits set by the owners corporation
cannot overturn a decision of the owners corporation or the committee.

 
© State of Victoria (Consumer Affairs Victoria)

Strata Record keeping
The owners corporation must keep the following information for at least 7 years:

details of motions passed,
copies of all correspondence received and sent, and
notices of owners corporation and strata committee meetings.

 
Also, proxies given to the owners corporation must be kept for at least seven years after the proxy expires.
Financial records and statements
Accounting records and financial statements also need to be kept for at least 7 years. These include:

receipts consecutively numbered
a statement of deposits and withdrawals for the account of the owners corporation
a cash book
a levy register
The owners corporation must prepare financial statements:

 
for the period beginning on the date the strata plan was registered and ending no earlier than two months before the first Annual General Meeting (AGM)
for each period beginning on the date the last statement was prepared and ending no earlier than two months before the next AGM.
Inspection of records
An owner or mortgagee, or their authorised person, can make a written request to the owners corporation to inspect the records. The request must be accompanied by the prescribed fee which is currently $31 for the first hour of work.
The inspection time and place has to be agreed by both parties. If no agreement is reached within three days, the owners corporation can stipulate the time and date by written notice. The inspection date can be no later than 10 days from the date the owners corporation receives the notification.
Documents can be inspected in person, electronic access or any other ways agreed. You can make copies of the documents but must not, without the consent of the owners corporation, remove the originals from the custody of the owners corporation.
Retention of records
The owners corporation must keep the following information for at least seven years:

strata roll
information about the common property and strata scheme including insurance, the original owner of the scheme, any strata manager appointed and by-laws
notice and minutes of meetings of the owners corporation and strata committee
financial statements and accounting records
proxies delivered to the owners corporation
voting papers related to motions for resolution and election of officers of a strata renewal committee
signed managing agent or building manager agreements and records provided to them
details of motions passed

 
© State of New South Wales (NSW Fair Trading). For current information go to fairtrading.gov.au

Apartment Owners Ask: Do we still need to hold meetings in person?

The owners and managers of apartment buildings across the nation are demanding to know whether they are still required to have face-to-face body corporate meetings, while trying to reduce the risk of infection and spread of the coronavirus, COVID-19.
Legislation requires body corporates to convene an Annual General Meeting, at which important decisions for the ongoing operation and management of the building are made, including the raising of quarterly levies.
The Australian College of Strata Lawyers is calling for government intervention in all states to make clear to owners and strata managers that, during this unprecedented period, their communities will not be penalised should they choose to delay the convening of a meeting or fail to hold a meeting strictly in accordance with the legal requirements.
Legislation mandates face-to-face meetings for strata buildings in particular circumstances. In some states, buildings can ‘opt-in’ to conduct their meetings in writing or electronically. If buildings have not already opted-in, owners will need to meet in person to make the decision to opt-in to an electronic regime.
Spokesperson for the Australian College of Strata Lawyers, Amanda Farmer, says “Permitting owners to vote via a proxy would remove the need for owners to attend a meeting in person to have their vote considered, but in NSW there is a limit to the number of proxies that may be held by one person. People will still need to meet in person to make decisions for their community unless they have opted-in for electronic voting.”
“Strata buildings are unique”, says Ms Farmer. “Owners do not necessarily have the same rights shareholders have in a regular corporation: they may not be able to simply post in their vote for the Annual General Meeting or appoint the chairperson as their proxy. There are strict requirements around the conduct of meetings, designed to ensure that all owners have the opportunity to have their voice heard. Whilst this is an important goal to strive for, extraordinary situations like the one we are all currently experiencing point out the blocks this system can cause. Meetings that are not conducted strictly in accordance with legislative requirements may be invalidated by later legal challenge.”
“Swift intervention from our state governments could remove these burdens, or at least assure owners and strata managers that a failure to achieve strict compliance will not result in important decisions – such as the raising of money or the renewal of a contract – being invalidated in the future.”
The current situation is fast-changing. The College urges owners and strata managers to consult a strata lawyer qualified to practice in their state and seek legal advice specific to their building.
Source: The Australian College of Strata Lawyers
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Due to the impacts of COVID-19, Government have imposed obligations to protect the health of the community. Unfortunately, this has adversely impacted the Australian economy. There is currently a lot of discussion regarding the potential difficulty that tenants will face if they lose their jobs and are unable to pay the rent on their properties.
“Our fear is that Government will legislate to remove tenant’s obligation to pay their rent,” says Tim McKibbin, REINSW CEO. “This is concept fundamentally flawed.”
“By removing the obligation of a tenant to pay rent, merely transfers the difficult financial circumstances of the tenant to the landlord,” says McKibbin.
Landlords have expenses: rates, water, strata fees, maintenance and mortgage repayments to name a few. If landlords are required to absorb these expenses, then effectively the Government is asking the landlord to provide social housing.It has been suggested that the major banks may give mortgage holders a holiday from making loan repayments if they are suffering financial stress. Whilst that sounds like an attractive option, the landlord is still paying interest on the loan, and that is compounding each month. Paying interest on the interest charged. There is nothing free being offered by the banks.Once the opportunity to avoid paying rent is made available, some tenants who do not require assistance may see the opportunity to avoid their contractual obligations. It is difficult to see how a process to expeditiously assess and assist the needy whilst avoiding the opportunist.It is a fallacy that all landlords are wealthy. 80% of landlords own only one property. That property is typically mortgaged and the landlord is either making loan repayments, or alternatively the property is owned by a retiree who depends on the income for their expenses. By removing the requirement to pay rent, it puts the landlord in financial stress. What is needed is Government to assist and enable the Tenant to pay the rent. The life-blood of all economies is the flow of money, if the money stops flowing then the economy dies. A better solution is for the Federal Government to provide tenants with assistance to pay the rent and allow the money to move thus keeping the economy active.The policy of granting tenants the right not to pay rent – erroneously assumes that the landlord has not lost their job!
Source: REINSW
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These are just a couple of the many events that can impact you and your personal possessions. It’s vital you ensure you are protected by your strata contents insurance.

SCENARIO ONE: A plumber working on your apartment trips on a rug, badly damaging his knee.

Does your insurance cover the costs of his treatment and loss of earnings, and if he takes you to court, does the insurance cover your legal costs?

SCENARIO TWO: A flexi hose attached to your washing machine breaks, flooding much of your apartment. The flooding damages possessions, like your television and furniture, and personal items, such as jewellery and clothes. The flooding makes the apartment inhabitable.
Does your insurance cover the cost of repairs to your apartment, the replacement of damaged possessions and provide you with accommodation costs?

Does your insurance cover the cost of repairs to your apartment, the replacement of damaged possessions and provide you with accommodation costs?

A major source of confusion for many owners of units, apartments and townhouses is thinking theresidential strata insurance that protects the building also covers their personal property and possessions. Residential strata insurance only provides cover for the building, common property and common contents– not your personal contents or property.You need content insurance to protect yourself and your personal contents. Some contents insurances, like offered by CHU, are designed specifically for units, apartments and townhouses.Contents insurance will cover your household and personal possessions such as clothing, jewellery, furniture, TV, computers, carpets and electrical appliances. It covers the cost of repairing or replacing these possessions if they are damaged in events as fire, floods and storms with new for old replacement. That means if your possessions are damaged beyond repair or stolen you will be provided with a new equivalent item, regardless of the age of your original item. Your contents policy often includes insurance for liability claims. That is, as in scenario one, the plumber seeks recompense for his medical treatment and lost earnings then your content insurance covers these costs. It will also cover the legal costs if you defend an action brought by the plumber.It’s important to ensure that your contents insurance, like CHU’s, includes as standard what is called portable contents. Thisprotects your smartphone, jewellery and other prized possessions when they are away from your property (for example, you lose a valuable watch in a motel you were briefly staying in), in transit, storage or when you are moving into or out of your home.The table below shows why you need contents insurance and how it varies vs residential strata insurance:

When the unexpected occurs, speed to get you back on your feet is vital. So make sure your contents insurance, like CHU’s, offers 24/7 claims support with emergency assistance and accommodation costs of up to 12-months from the time of damage to your home. NB It is important you read the policy purchased by your owners’ corporation / body corporate to understand what is and is not covered in your lot/unit so you can take out contentscover.CHU are strata insurance specialists, organising the insurance for almost 1 million apartments, units and townhouses across Australia.

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If you’re looking at self-managing your strata property insurance you may be unclear what residential strata building insurance is, why you need it and what it covers.  Residential strata insurance is designed to protect residential strata buildings against loss, damage and legal liability for:The strata buildingCommon areasCommon property (such as lawns, driveways, lifts and pools)Personal injury in connection with the insured’s propertyThe owners’ corporation / body corporate.The fact that residential strata insurance is mandatory across Australia indicates the level of risk, the expense owners could be liable for and how often claims are made.Therefore, when choosing an insurance provider it’s important to consider the quality of the product, expertise and servicing levels. Look for a company like Australia’s first and largest strata insurance specialist, CHU, who is the current back to back winner of the underwriting agency of the year.Here is just a few ways residential strata insurance protects you:Insured PropertyStrata insurance is designed to cover the insured building and common areas such as lawns, driveways, lifts and in-ground pools from events such as theft, storm, water, fire and malicious or accidental damage.The building and common area contents includes:

Area

Items covered by Residential Building Insurance include

BUILDING – refers to all buildings and underground services on the block, including fencing and permanent fixtures and fittings.

• Baths

• Floating floors

• Toilets

• Shower screens

• Common building air conditioning systems

• Common area Light fittings

• Windows

• Doors

• Hand basins

• Built in cupboards

• Sinks

• Fixed tiling

COMMON AREA CONTENTS

• Carpets, floating floors, other temporary wall, floor and ceiling coverings within common area hallways and lobbies;

• Pot plants, mirrors, and other decorations within common areas;

• Appliances such as washing machines and dryers owned by the Body Corporate and used by all unit owners and housed in common laundries.

• Any barbeque equipment, gardening equipment and garden or indoor furniture

*Based on CHU’s Residential Strata Insurance Plan

Legal liability coverLegal liability provides compensation for personal injury or property damage on the common property. For example, a painter working on the property trips on a pot hole in the pathway and injures their back. The painter seeks legal recompense for their medical treatment and lost earnings. The costs could be considerable if the owners’ corporation/body corporate is found liable.If the owners’ corporation / body corporate is found legally responsible your residential strata insurance will pay compensation to the injured person and pay the legal costs of defending a claim.Insurance will also cover voluntary workers injured while carrying out work for the owners’ corporation / body corporate under a separate section of the policy.Rent and temporary accommodationIf you rent out your apartment and it becomes uninhabitable because of damage or access to the property is not possible, because of say a major storm, you could be out of pocket for some time. Residential strata insurance will pay the rent you loseassuming that the nature of the loss that caused the damage is an accepted claim under the policy.Alternatively, if the apartment you live in becomes uninhabitable the insurance will pay the resident owners temporary accommodation until repairs have been completed.Fidelity GuaranteeFidelity insurance protects you against fraudulent misappropriation of body corporate funds committed by a third party.Machinery breakdownIt’s the peak of summer and it’s sweltering. The buildings ducted air conditioning breaks down and needs to be repaired quickly. Machinery Breakdown cover means the air conditioning can be promptly repaired or replaced at no cost to you.Office Bearers’ Legal LiabilityStrata committee members generally work on behalf of the body corporate on a voluntary basis. With limited time, or experience, unintentional wrongful acts can occur.Office bearers’ legal liability protects individual committee members for claims made against them for wrongful acts including damages, judgements, settlements and order of costs. Without this protection the individual may have to fund any legal action brought against them from their own personal finances.Catastrophe insuranceCatastrophe means a sudden and widespread event that causes substantial damage to property over a large area, and as a result of which the Insurance Council of Australia issues a catastrophe code.If your building is hit by a natural disaster, (such as a cyclone, earthquake or tsunami), catastrophe insurance is designed to cover the body corporate for the sudden escalation in rebuilding costs which can occur due to a shortages of labour and materials.It also covers the cost to evacuate lot owners and provide emergency accommodation.When the unexpected strikes speed, to get you back on your feet as soon as possible is crucial. Make sure your residential strata insurance, like CHU’s, offers extensive coverage, 24/7 claims service and support with emergency assistance.

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Choosing the right decor style for your house has a huge impact on the atmosphere and influence the amount of time your family spends at home. At the same time, having comfortable and functional elements will help you welcome guests and make them feel at home.
Unfortunately, the wrong decor choices can have a negative impact and create a cold atmosphere in your house. Even worse, cluttering small spaces can affect your family’s mental health, which can reduce their quality of life.
This is one of the reasons why Hygge decor focuses on improving comfort and creating a pleasant environment in your house. In this article, we’ll discuss the concept behind Hygge decorating and provide a few tips that will help you implement this style throughout your house.
Let’s jump right in!
What is Hygge Decorating?
Before going into the dos and don’ts of this style, it’s important to understand the concept behind Hygge decor. The term comes from a Danish word that has no direct translation, but can be defined as taking joy in experiencing the small pleasures in life.
While this may sound complex for a decor concept, Hygge focuses on creating functional areas that have specific elements coexisting in a peaceful way. This style focuses on avoiding clutter and mess in order to promote happiness and joy.
Many believe that the Hygge trend is only applicable during the winter months, but it can actually be enjoyed all year-round. That said, you may have to rotate a few elements you won’t use during the hot months, like the blankets for example. And, once you’re happy with the result, make sure you invite guests over to embrace the lifestyle that comes with it.
The Do’s and Don’ts of Hygge Decor
Hygge decor emerged during the 18th century, but it has become one of the most popular trends three centuries later. Modern Hygge designs promote reusable materials, recycling, surrounding yourself with people you love, and reducing stress in order to improve your overall life quality. 

Here are 7 tips that will help you implement Hygge decor in your home.
Assess the Space You Have Available
One of the key concepts of Hygge designs is to avoid clutter and mess at all times. In other words, you need to measure the size and shape of your living room and other spaces. 
This will help you assess the space you have available and help you choose the best furniture. Remember, you want to ensure all the pieces fit properly, so colours and materials should be considered secondary elements. 
Create a Soothing Atmosphere
Aside from your decor, remember you’ll want to create a soothing atmosphere in all senses of the word. For instance, you can play smooth ambience music and user mild scented candle to promote a positive state of mind.
Opt for a Neutral Colour Palette
Colours have a profound impact on human psychology. Instead of stirring extreme emotions by using intense colours, try to stick to a neutral palette. Aside from relaxing your family and guests, neutral tones are easy to find and can be enhanced by adding a single piece of dark or intense colour to the mix.
Use Candles and Alternative Lighting
Conventional lamps can produce a harsh light that is uncomfortable to the eyes. Lighting a few candles can help create a better atmosphere and potentially lower your energy consumption a bit. Likewise, you can use twinkly lights and other alternative methods to help brighten your rooms while maintaining an intimate feeling.
Take Advantage of Your Fireplace
Not all homes have a fireplace, but people who are lucky enough to have one should use it during the cold months. This can help keep your house warm, provide extra lighting, and increase the amount of time your family spends together. That said, remember to be careful whenever lighting the fire or adding more logs.
Choose Comfort Over Appearance
If you have to choose between comfort and appearance, always go for the choice that will enhance comfort. Whether it’s a particular type of lounger material or cushion fabric, avoid making choices based on appearance and always look for an alternative that will serve an additional purpose.
Go Beyond the Living Room
When most people think about Hygge decor, they envision a cozy living room with comfortable cushions and natural lighting. But, this concept can be applied beyond your lounge area. You can implement this style to your bedrooms, study, and other parts of your house in order to increase comfort in every sense of the word.
Create a Peaceful Sanctuary in Your Strata Home Today
Opting for Hygge decor is a great idea that will help your family relax more and enjoy the little things in life. The tips above should help avoid any big mistakes and improve your chances of getting it right the first time.
Stay tuned for more updates on the most popular decor trends and news about Strata homes as a whole.
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Strata levies are a fee or ‘contribution’ paid by all lot owners in a scheme to cover any projected costs and expenses. All levies must be worked out in proportion to the unit entitlements of each lot.
All strata schemes must establish an administrative fund and a capital works fund to administer the finances of the strata scheme. This includes managing any interest earned from investing the moneys of these two funds.
Administrative fund
The administrative fund is used to manage the day-to-day expenses of running the scheme, including maintaining the common property, providing for insurance, and other recurrent expenses, such as electricity, water, carpet cleaning, lawn mowing services and the like.
Exemptions for two-lot schemes
Owners in two‑lot strata schemes may be exempt from the requirement to have a capital works fund if the strata buildings are physically detached, no buildings are situated outside the lots within the scheme, and the owners corporation passes a unanimous vote that a capital works fund does not need to be set up.
Strata Administration Fund Bank Account
The Act states that an owners corporation must pay any amounts that are received by it and are not otherwise invested in accordance with this Act into an account established in an authorised deposit-taking institution in the name of the owners corporation. In other words, the owners corporation must set-up a trust account with an Australian bank in the name of the owners corporation.
Strata Schemes Management Act 2015 (Section 78)
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The following list can help you decide on five strata garden decor items you can add to your garden. 
Garden art or decor items can be any treasure you find in your overseas wanderings, at garage sale or on gumtree. It could be an ornament, pot plants, garden furniture or something you buy or make. Whether you live in an apartment and have a little garden on the balcony or a townhouse with a yard, garden decor can add character, and it gives you a chance to express your creativity. Before you throw down some turf or plonk some flower pots on the balcony, it’s a good idea to have a plan. Do a sketch of garden’s dimensions, jotting down where the sunny or shaded areas are located, if you’d like a pond or water feature, and where the garden furniture and other decorative items will go.
1. Ponds and Fountains
A fountain with the calming sound of trickling water is an irresistible lure in any garden, and the liquid soundtrack can be perfect for a plot of pansies or placed among the agaves. A water feature on your balcony, or a fountain and a pond can add a sense of peace and tranquillity. The pond or fountain should be the focal point of the landscape, and there are many different sizes and styles to choose from.  If you want to add a pond in your backyard or front garden, leave at least half metre or so walking border around.
2. Ornaments
For strata owners with lots of outdoor space, an old wrought-iron gate can be a fabulous entrance into a garden. Hang some lanterns in a tree, place a birdbath (providing you don’t own a cat) among the Cosmos and an inviting curved bench beneath a shade tree. If you put these items in place with care, they can be practical and attractive, but the trick with decorating a garden is not to overdo it. Whatever the style of your home or apartment, ornaments can carry it into the landscape creating a seamless interaction. Iron urns can be set up on terracotta pedestals. Ornaments with the patina of antiques can make a new garden appear well established. Oh, and garden gnomes are back. 
3. Stone Among the Green
Stone pavers against a green lawn can soften the stroll to the front or back door of the house. Line the path with some tasteful solar lights to give the garden a magical touch at night. For a garden with patina, stone benches, pots, or statues add a grounding, earthy element to a garden, and the same goes for wooden furniture. Instead of pavers, why not call on nature and use smooth stepping stones along a meandering pathway to add a playful, yet mindful energy. Add a stone Buddha or turtle among the agapanthus plot for more meditative elements. 

4. Plants and Pots
Clump some perennials such as geraniums in stone or ceramic pots. Choose about six geraniums for an average sized garden – one or two for a balcony. Group plants of similar colours to give your landscape a more professional and cohesive look. Hang different coloured gumboots or old shoes on the back fence and fill them with plants or succulents. Line pathways with solar lights. Think about ceramic angel planters and snails pots and a sundial. Hang potted flowers all over a rusty old bicycle, or fill the holes cut in a hollow log with potting mix and let your imagination go wild with the flowers you plant there. Potted citrus trees and bougainvillea, and palms can accent an entrance.

5. Garden Furniture
The garden furniture should never look contrived or too perfect but what you select should fit in with the rest of the decor. A cosy wicker sofa and a classic rocking chair stocked with squishy cushions will make your patio or garden area a great retreat. Consider the outdoor-living opportunities in pocket townhouse gardens and balconies. Create a sequence of spaces and connect them with pathways to add mystery. Paths can show the way through rosy arches and iron gates perhaps to a wooden bench beneath a blooming wisteria-covered pergola. 
The most important thing to remember, especially in tight small spaces, is not to overdo it. Happy Gardening!
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The general rule of thumb when drafting a strata motion is that a motion must be worded in such a way that owners can respond with a simple yes or no. The motion must be actionable and should be CLEAR so that a resolution can be implemented.For example, instead of proposing that ‘the owners corporation investigate ways of fixing a water leak in apartment 99’, you should propose that ‘the owners corporation accept the attached quotation from Control Engineers to report on methods and costings to fix the water leak in apartment 99’. You need to Get Smart and there is nothing like a good acronym to help out here. Motions you put forward need to be CLEAR. That is, Concise, Legal, Economic, Action-based and Realistic.

Strata motion example“That the owners, of Strata Plan xxxx, resolve to purchase an artwork for the lobby at cost of $8,000 including GST before Christmas of this year by accepting the quotation from ABC artist being the lesser of the two quotes attached.”This strata motion example is CLEAR because it is;

C

Concise

it relates to a particular thing, the artwork

L

Legal

it doesn’t conflict with another by-law

E

Economic

two quotes were sort and are attached.

A

Action-based

there is a call to action, to buy the artwork

R

Realistic

the timing is logical and capable of being me

You need to consider if your proposed strata motion affects or requires the amendment of existing by-laws, or creation of new by-laws. If this is the case, you will be required to draft new by-laws for consideration as an additional motion.No matter how good your idea is, if you propose something that goes against the by-laws the chairperson has no choice but to rule your motion ‘out of order’.Tips for drafting a strata motion:Give yourself enough time. Prepare well in advance.Be very specific and explain in detail what you are proposing.Propose a time frame for commencement and completionMake sure your motion isn’t in conflict with your schemes by-laws or legislationFollow the CLEAR processThe next step is how to include a motion on the agenda.

You might also be interested in:Motions out of order Strata Motion – getting a motion on the agenda Meetings of the strata committee – NSW Meetings of the owners corporation – NSW Notice of meeting of the Owners Corporation Rogue Strata Secretary Strata Proxy Limit – NSW Role of the Strata Chairperson The role of the strata committee Calling a Strata General Meeting

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Strata information all in one place. Strataville is the home of strata living!

Getting easy access to relevant and regular strata news, strata information, strata events, education and products relating to strata living has always been a challenge – Strataville was born to fill the much-needed gap.

Strataville is not just a vibing community that connects, informs and inspires. It’s a place to get involved, ask questions, start conversations, make connections, stay informed, and improve and enhance your strata living lifestyle.

Living in a strata scheme means: you own your unit or apartment as well as sharing ownership and responsibility for common property. if you own your unit, you are automatically a member of the owners corporation which has responsibility for common property and makes key decisions affecting the strata scheme.

You can search for strata information in the search bar at the top, under each topic or under your location in the menu.

What Strata Information are you looking for?

Strata Living ArticlesHistory of Strata Title What is Strata Title? Noise transfer between apartments. Please Help! Weighing up the pros cons of Apartment Living DIY Kitchen Renovation Dealing with problems in strata Strata Disputes – Facilitate or Discriminate? 10 Tips for Designing Your Home Office Catering to the Rental Market Building a successful property portfolio

Strata Meeting ArticlesDrafting a strata motion Motions out of order Strata Motion – getting a motion on the agenda Meetings of the strata committee – NSW Meetings of the owners corporation – NSW Notice of meeting of the Owners Corporation Rogue Strata Secretary Strata Proxy Limit – NSW Role of the Strata Chairperson The role of the strata committee

Strata NewsStrata WA President’s Report Released (SCA) Do you live in a fire prone area in WA? New WA strata title Bill to shape sustainable communities McGowan Government rejects sale of Landgate Government pushes on after Airbnb rules NSW ‘debacle’ Strata Data Report Australia Strata in Australia Data & Statistics Real estate agency complaints Combustible cladding, a highly flammable issue Cladding Update WA – April 2018

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