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Hi *|FNAME|*
Coming up to the end of the year, our last newsletter for 2018 will be issued on 19 Dec and the newsletter will return for 2019 on the 16 Jan.
HOLIDAYS: Our office will be closed midday 19 Dec - 14 Jan.
We are looking to introduce a Strata Positions Vacant section in the newsletter in 2019. This will be a free service and open to subscribers of the Strata Life Newsletter. For more details, contact me here.
Don't miss our comprehensive .... and growing .... list of Upcoming Strata Events + Latest News + Have Your Say - found at the very bottom of the newsletter.
If you enjoy our newsletters, why not forward it onto others who may be interested?
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Join our growing list of Sponsors. Take advantage of our increasing traffic stats. Advertising spots are becoming limited. Lock down your spot ready for a great second half of 2018! Offering you the best way to reach YOUR target audience.
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Our Strata Services Marketplace provides a dedicated database of businesses and services for strata managers and lot owners.
Looking for a strata lawyer, financial advisor, plumber, and electrician or maybe maintenance work is required?
Australia wide - you'll find what you're looking for here.
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NSW: Strata visitor car parking angst, a common source of resident disquiet!
Leanne Habib, Premium Strata
Question: A lot owner has a very regular visitor who has been given a security pass to our garage and his car is regularly in our single strata visitor car parking spot. He has become quite territorial about the space. How do we handle this?
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QLD: Bullying in Strata! Some Lot Owners are Extremely Unreasonable
Frank Higginson, Hynes Legal
Question: We feel have been experiencing bullying. Some of our onsite owners have zero respect for us and enjoy bullying and treating us like dirt. They are unreasonable with their requests. How can we best handle this?
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WA: Voluntary Work? How about if you’re getting paid? Are you covered?
Leonie Milonas, PSC Property Lync Insurance Brokers
Question: We have a lot owner asking to mow for a fee. For insurance purposes, are they classified as a volunteer, carrying out voluntary work, or a worker / contractor? How will this affect our insurance?
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NSW: Q&A Reimbursing Lot Owner for Repairs Due to Common Property Defects
Leanne Habib, Premium Strata
Question: Due to a common property defect, my tiles were damaged in an area on my verandah. As the tiles could not be matched, the whole space must be retiled. Should the OC pay for all work?
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TAS: Q&A How long should we keep records of the AGM?
Janene van Maanenberg, Professional Body Corporate Management
Question: How long do we need to keep records of the AGM, specifically the Financial Reports & Secretary’s Report?
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Unsafe Cladding – Class action to recover compensation for building owners
Gavin Beardsell, IMF Bentham Limited and Bill Petrovski, William Roberts Lawyers
We intend to commence an Australia-wide Class Action on behalf of building owners to recover compensation for the cost of rectifying PE Core Cladding and other associated costs with the rectification (whether incurred or not). The class action is open to affected property owners with unsafe cladding on their building.
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QLD: QCAT considers short term letting by-laws
Frank Higginson, Hynes Legal
The whole argument about short-term letting in Queensland strata law hinges on a section of the Act. Adjudicators have been very consistent in their interpretation of that so far as it relates to whether short-term letting is a residential use. QCAT has now conclusively determined whether the interpretation adopted by adjudicators has been right.
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Last Edition's Star Article
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NSW: Solar for Apartments – Power to the (Strata) People
The LookUpStrata Team
Question: We are looking into solar panels for apartments. As all roof areas are invariably common property and there are both good (solar efficient) and not so good areas on any roof structure, how does the strata committee go about defining where individual lot owners can position their solar PV panels?
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Selection of Recent Comments
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Queensland cladding laws: The cladding bus has left the station
Article by Frank Higginson, Hynes Legal
Sandra St Ledger: We are a class 2 building of 16 floors but the building dates to around 1988. The legislation with respect to the “Compliance Zone” is confusing. Does the building age (definitely pre 1994) mean we are exempt from stage 1 or is the “Compliance Zone” made up of all buildings in any 1 of the 3 stated categories?
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QLD: Q&A Accuracy of Body Corporate Committee Meeting Minutes
Answer Supplied by Frank Higginson, Hynes Legal
Sue Ekert: No Committee Meetings are held at Regatta Riverside Tower 1 at all for over two years now. Occasionally we receive copy of a VOM.
Correspondence is not responded to and the caretaker has controlled the election of committee for years, despite Lot owners endeavouring to become committee members. What would you do to remove caretaker controlled committee members?
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QLD: The golden rules of by-law enforcement
Answer Supplied by Frank Higginson, Hynes Legal
Vicki Starmer: We have an owner who has put up shutters without written approval. This person is on the committee and is aware that they need to have approval for additional blind and awnings.
We have spoken to her as a committee at one of the meetings, however, she refuses to remove them. Our body corp management company has said it would be difficult for us to make her remove them, but we are concerned that it will set a precedent for the future. Any suggestions?
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NSW: Sydney apartment owners lose final bid to kick non-residents out of car park
Sue Williams, Domain
Apartment owners in one of Sydney’s top blocks who tried to lock out non-residents who’d bought car spaces in their building – some up to 40 years ago – have lost the final round in their battle to kick them out.
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VIC: Tiny Melbourne apartments may need to be a tiny bit bigger after VCAT ruling
Jim Malo, Domain
Victorians living in small apartments may soon have more space to cook meals and entertain their guests, after an apartment standard was tested for the first time.
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NSW: Sydney apartment owners face $12.5 million bill to remove flammable cladding
Frank Chung, news.com.au
Hundreds of apartment owners could take legal action after being told they may be forced to cough up $45,000 each.
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“We’re looking for apartments and houses to take part. If you live in an apartment, we need to know about your building and its waste and recycling facilities. We’ll need a contact for someone managing your building, such as you building manager, strata managing agent, or the secretary of your building strata scheme.
“My tip is to start the process sooner rather than later so you can get the details you need and still meet the registration deadline.”
Expressions of interest to participate in the food scraps recycling trial close on Monday 31 December 2018.
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Follow us for your most up-to-date and comprehensive stream of strata news.
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