Jessica Tait
jess@abodestrata.com.au
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Last Month
Can you smell gas?
Published January 17th, 2021 by Jessica Tait
Residents reporting a gas leak to you should be advised to clear the area and contact ATCO. If a gas leak is suspected, clear/ leave the area, do not use mobile phones, machinery or any other source of ignition in the vicinity and call ATCO’s 24/7 faults & emergencies contact centre 13 13 52. ATCO will provide advice on the appropriate course of
Who is liable for the new equipment and service charges?
Published January 18th, 2021 by Jessica Tait
Unless otherwise stated, the owner of the lift is responsible for all modifications, upgrades and service charges associated with lift hardware.
Electricity submeters converting to direct read meters?
Published January 17th, 2021 by Jessica Tait
Currently at time of this information , Wester Power/ Synergy have no conversion options discounts available. To convert a sub meter into a direct read meter. The Strata company may complete a multi-unit application They can then have an electrician attend and quote to convert the meters ie remove, supply new and install, connect The account set up
We are a 5 lot built Strata titled property and would like to self-insure our own lots and insure the common property driveway separately, costs for that borne by all owners?
Published January 18th, 2021 by Jessica Tait
Depending on the property itself, they may be allowed to insure separately. Usually if there are 5 lots or less and the only common property that exists is a driveway, the lot proprietors can by a resolution without dissent resolve to insure separately, however, if any lot owner doesn’t agree you are obliged to insure as a built stratum.Individually
Why can't you just send someone to fix it?
Published January 17th, 2021 by Jessica Tait
Work order requests are sent to your strata council for consideration. Your Strata Manager is employed to assist the Strata Company/Council, we are disallowed from sending someone to site to conduct repairs, without the strata council’s prior written instruction. The strata council will consider and review the maintenance request(s), review the prop
My neighbours trees are pushing against the fence and have damaged it. I have asked that they either cut the trees down or trim. They will not agree and wish to only pay for half of the repair cost. What are my rights?
Published January 17th, 2021 by Jessica Tait
You would be required under the Act to contribute to half the cost of the repairs to the fence. If you refuse to pay your neighbour may seek a court order. For more information on tree nuisance, such as tree roots and overhanging branches visit www.legalaid.wa.gov.au
How much work is involved being a Strata Councilor?
Published January 18th, 2021 by Jessica Tait
Councillors volunteer their time and knowledge on behalf of their fellow owners and while this does involve a degree of commitment it also offers the opportunity for you to have a firsthand involvement in the management process. Most Councillors find their involvement to be interesting and rewarding. If your Strata Company appoints a Strata Manager,
Insurance cover for lot alteration
Published January 18th, 2021 by Jessica Tait
For the purpose of Insurance cover; a re-evaluation of the property at the applicants cost may need to take place, and alterations to a lot, improvements must be included within the Strata Companies building insurance.
Can I install solar pannels?
Published January 17th, 2021 by Jessica Tait
Whilst most strata companies allow the installation of Solar Panels for the purpose of power supply, all proprietors must first submit a request to the strata council. The following details are required. The name of the Registered Installing Company and their registered Licence number; Address and phone number of the registered business; The brand,
We have a swimming pool on our property, what do I need to know?
Published January 18th, 2021 by Jessica Tait
Please refer to the Rules for Pools and Spas to assist with the interpretation for the barrier requirements. Additional information can be sourced from the Dept Commerce website Drowning is the most common cause of preventable death of children aged 0–5 years. Over the past five years, 16 toddlers have drowned in Western Australia. For every drowning
My neighbour and I are at about the same stage of building houses and cannot agree on a fence as we both want different materials. What can I do about this one?
Published January 17th, 2021 by Jessica Tait
The best way to erect a fence is by agreement with the adjoining owner. You should first try to resolve any differences by discussing the matter with the owner. You may wish to consult a mediator, who can assist you in resolving differences. If you cannot reach an agreement, the matter may be referred to the Magistrates Court.
My neighbour has claimed from me half of the cost of the dividing fence he/she erected. I am the second owner of the property and feel that they should have got their money from the previous owner. Am I liable to pay the money claimed?
Published January 17th, 2021 by Jessica Tait
Yes, an owner or owners of adjoining land are liable to pay even if they were not the owners of the land when the fence was constructed, provided that no previous adjoining owners had paid a claim to the owner who erected the fence. The Act does not specify any time limitations for seeking a contribution of costs between owners. If you are concerned
What do I look after?
Published January 17th, 2021 by Jessica Tait
Lot owners may have difficulty understanding where the boundaries to their lots are and what is their responsibility to maintain and renew and what is the strata companies, the strata plan will identify this and the bylaws and / or management statement will provide further information on how your plan is set up and what by laws are in place.
Buying or selling a home?
Published January 17th, 2021 by Jessica Tait
Property settlement refers to the process of transferring a property from a seller to a buyer when the conditions of the standard contract for the sale are fulfilled. For Strata Titled Properties see Form 28 Disclosure doc – Sale of Strata Titled Lot & Form 29 Buying & Selling a Strata Titled Lot In most instances before a property settlemen
If the damage has occured in part lot, who's responsibility is it?
Published January 18th, 2021 by Jessica Tait
If the damage has occurred on part lot it the lot owners responsibility. The excess is to be paid by the lot owner. i.e. Lot owner must repair the cause of the damage. i.e. broken roof tile. The owner must then provide a copy of the invoice which states the repairs that have been completed. A quote for any other residual damage repairs from their pr
What is the quorum for a council meeting?
Published January 18th, 2021 by Jessica Tait
A quorum is the minimum number of members that must be present before a meeting can start. For a committee meeting a quorum is at least half the voting members of the committee. If there are 6 voting members of the committee, a quorum is 3. If there are 7 voting members of the committee, a quorum is 4.
Helpjuice Article Editor (WOW)
Published January 12th, 2021 by Jessica Tait
With the Helpjuice editor, you can attach images, and edit them on-the-fly with our advanced image editor. Example below : We support the 'basics' such as tables, text formatting and all the other standard features you'd expect. Some of the cool features our users love are such as Accordians/Tabs (see below), Article History (click on the top-righ
I own a property, can I claim a tax deduction?
Published January 18th, 2021 by Jessica Tait
It's a new financial year! If you own a property that is income generating, you can claim a tax deduction. This generally means that your property must either be rented or used as the setting for your business. The below info graphic supplied by Leary & Partners outlines common items that can save you money by getting a Taxation Depreciation sch
Isn’t the contractor employed by the strata manager?
Published January 17th, 2021 by Jessica Tait
Responsibility for Repairs Maintenance Renewal Replacement The Strata Company, being all owners or shareholders, is responsible under the Strata Titles Act and the Regulations for Repairs Maintenance Renewal and Replacement of the Strata Company Property. The Strata Company is the entity in control of the premises and Strata Company Property The Str
My plumbing has gurgling noises?
Published January 17th, 2021 by Jessica Tait
Gurgling noises typically indicate hair or excess waste in the pipes. In most cases it can be fixed by the owner using one or all the following; A plunger A drain and sink cleaner Liquid Enzyme Drain Cleaner If this doesn’t suffice, Common property - strata maintenance issue? Complete a Maintenance Request Form on our website. Lot owners - hair or w
Does my building have a warranty?
Published January 18th, 2021 by Jessica Tait
The following information is from Department of Mines, Industry Regulation and Safety. A warranty is an agreement between a contractor and the consumer and not necessarily a requirement under legislation but more for a commercial benefit. Building and energy provides a dispute resolution process under the Building Services (Complaint Resolution and
How do I report a power outage?
Published January 17th, 2021 by Jessica Tait
https://www.westernpower.com.au/faults-outages/report-a-non-urgent-issue/
Who is the Strata Council?
Published January 18th, 2021 by Jessica Tait
The Strata Company must elect a strata council / committee at each annual general meeting. The committee is made up of registered lot proprietors. The Strata Council is responsible for the administrative and day-to-day running of the Strata Company making decisions on behalf of the Strata Company enforcing the bylaws/ decisions of the Strata Company
What is on a location plan?
Published January 17th, 2021 by Jessica Tait
The basic purpose of a location plan is to show the building and any lots outside the building in relation to the parcel boundary. The location plan is prepared on Strata Plan Form 2, on a separate sheet from the floor plan(s). Your Location Plan must show the following: A north point (pointing upwards) to orient the plan. The external boundaries of
Does my Strata Company have the power to enter my lot?
Published January 17th, 2021 by Jessica Tait
Power of a Strata Company to enter Yes, your strata company has, under certain circumstances the power to enter a lot, these may include some or all of the following; any work pursuant to section 38(1), (2), (3) or (6); or any work necessary to repair or renew any work necessary to repair or renew any pipes, wires, cables or ducts referred to in sec
Not enough money to carry out works?
Published January 17th, 2021 by Jessica Tait
We have emergency or other common property repairs, we have the funds however don’t wish to hold a general meeting, what else can we do to pass this non budgeted expenditure? The Strata Company, being all proprietors have a duty to repair, maintain and renew common property. A section 47 notice (47(3)) of the Strata Titles Act is a notice served on
Do I need to change my current lift emergency phone?
Published January 18th, 2021 by Jessica Tait
In most cases existing lift emergency phones will not operate reliably in NBN connected premises. Contact your lift company to discuss the requirements of lifts in your building.
Can I note my financier for my individual lot on the Common Certificate of Insurance?
Published January 18th, 2021 by Jessica Tait
Strata Company insurance is in the name of the strata company, therefore the insurers will not note your financier as having a registered interest, however, should typically treat each party or entity as a third-party beneficiary without notification or specification provided such interest is fully disclosed to us in the event of a loss or damage. T
What is the Strata Titles Act?
Published January 17th, 2021 by Jessica Tait
All strata properties registered as Strata Titles at Landgate are subject to the Strata Titles Act 1985 (the Act) The Act was enacted in response to the growing demand in Western Australia for occupation of individual units in the one building on an ownership basis and the generally unsatisfactory methods of dealing with that demand. Strata Titles A
How do I replace my dividing fence?
Published January 17th, 2021 by Jessica Tait
Strata Titles Act Dividing fences Dividing Fence Act Dividing fence Publication Abode Strata Dividing Fence Process Firstly, one must see who owns this fence, is it common property – if so a request would be sent to your strata company Abode Strata Maintenance Request owned by yourself and your neighbouring lot owner / crown land – refer to Dividing
Who can call a council meeting?
Published January 18th, 2021 by Jessica Tait
A committee meeting may be called by any council member serving written notice which includes the notice and agenda to other council members with no less than 7 days notice. Council Meeting Agenda The notice of the meeting must include an agenda that lists the issues to be considered. The committee can also consider other issues that are not on the
How are strata levies determined?
Published January 18th, 2021 by Jessica Tait
The levies are typically set by your strata council (not the Strata Managers) however, sometimes your strata council may ask your strata manager to recommend a budget based upon last year’s expenses plus CPI or projected expenses. This budget is then proposed by your strata council at your AGM, and then adopted by owners, the levies are raised and c
The date and time of inspection is unsuitable for me. Why can’t I select my own date and time ?
Published January 18th, 2021 by Jessica Tait
It is unnecessarily time consuming to either try and arrange a date and time meets all requirements and not financially viable for your strata company to arrange the technician to attend on different days. This is why the Strata Titles Act provides for access via Section 39. Note that any need to reattend the property for a lot’s inspection will see
How involved do I have to be?
Published January 17th, 2021 by Jessica Tait
As an owner in the Strata Company you and your fellow owners assume certain rights and responsibilities as determined by the Strata Titles Act. Aside from this, everyone is expected to act reasonably and with community spirit to ensure that they and others respect the particular by-laws that apply to your Strata Company. Although there may not be an
What is residential strata insurance?
Published January 18th, 2021 by Jessica Tait
Strata insurance generally covers common or shared property as defined on the Strata Plan. This might include the structure or building itself, common areas, lifts, pools, car parks, gardens, wiring, balconies, walls, windows, ceilings and floors – but the inclusions vary from property to property. Strata insurance must also provide liability cover
Insurance cover for lot alteration
Published January 17th, 2021 by Jessica Tait
For the purpose of Insurance cover; a re-evaluation of the property at the applicants cost may need to take place, and alterations to a lot, improvements must be included within the Strata Companies building insurance.
Claiming for a fence erected on vacant land?
Published January 17th, 2021 by Jessica Tait
No, not unless you have agreed to contribute before the fence is erected or unless the adjoining owner obtains a court order, before the fence is erected, requiring you to contribute. My lot was vacant and my neighbour has constructed a brick fence, do I have to pay for half of it? Yes, only if the minimum standard for a fence in that location is a
Can I get a copy of my insurance certificate?
Published January 18th, 2021 by Jessica Tait
Of course! You will find your insurance certificate within your last AGM notice.
Resolution Without Dissent
Published January 18th, 2021 by Jessica Tait
Q: We have been informed that a ‘resolution without dissent’ from all lot owners is required. This is normally put forward in a general meeting. If not all owners attend the AGM is there a more appropriate means of communicating with all owners such as via email/in writing and is this something Abode can assist with? A: Yes the motion is a RWD, “res
Are these repairs covered under insurance or maintenance?
Published January 18th, 2021 by Jessica Tait
The insurance policy for the property is like your cars insurance i.e. claims may be made due to impact, incident or accident, however not due to maintenance or faulty workmanship e.g. If the wall damage is caused by incident or accident; i.e. impact it may be insurance claimable. The Insurance claim excess would be paid by the person who owns the w
Do I have to have more than one quote to give to my neighbour?
Published January 17th, 2021 by Jessica Tait
The Act does not specify a requirement for the obtaining of quotes but it is suggested that you should try to obtain at least two written quotes.
How can we change the council of owners if the existing chairman currently holds a majority of proxies?
Published January 18th, 2021 by Jessica Tait
The role of strata council is an important one with many responsibilities. At a properly constituted meeting, - see Schedule 1 By law 11 - the chairperson is required to consider the proxies as valid or not and then follow the process in accordance with Schedule 1 By law 5 Election of Council. For ease of understanding this process, I prefer includi
What and who is the Strata Company?
Published January 18th, 2021 by Jessica Tait
Watch this quick vid to find out! <h5 class="font_5">Management Of Strata Companies</h5>Who is the Strata Company, isn’t that the Strata Manager? Click Link to watch Video Who is the Strata Company? Click Link to watch Video What does the Strata Manager Do?
What is a floor plan?
Published January 17th, 2021 by Jessica Tait
The main purpose of including the floor plan(s) is to define new strata lots.Floor plan(s) are also prepared on Strata Plan Form 2, on a separate sheet(s) from the location plan. Your floor plan(s) should show the following: A north point (pointing upwards) to orient the plan. The boundaries of all lots and part lots defined by continuous (i.e. unbr
How long do I have until I need to update my lift emergency phone?
Published January 18th, 2021 by Jessica Tait
NBN have allowed a transition period of 18 months from the time of NBN connection to the disconnection of the copper network.
What does our cleaner do?
Published January 17th, 2021 by Jessica Tait
Your cleaner maintains the property in accordance with the quotation specifications requested and accepted by your strata council. This could include attendance weekly fortnightly monthly or otherwise. These specifications and associated costs may alter dependent upon changes in your strata council, directions by your strata company, common property
I am about to build and do not like the fence my neighbour just erected and I do not want to pay them anything. Can I do this?
Published January 17th, 2021 by Jessica Tait
No, if the fence that is erected is a sufficient fence; is acceptable to the local government; and is in keeping with other fences in the immediate area, the adjoining landowner who erected it has a legal right under the Act to claim half payment of a sufficient fence when you complete your building. My neighbour built their house first and erected
What is an insurance valuation?
Published January 18th, 2021 by Jessica Tait
A building insurance valuation is undertaken to assess the estimated cost of reinstatement for a development, taking into consideration factors such as the cost of rebuilding, cost escalation over the lead in and construction period, demolition and removal of debris and professional fees. Another important consideration is whether the development co
What happens if someone repeatedly breaches the By-Laws?
Published January 17th, 2021 by Jessica Tait
Recipients of a breach notice are provided with s reasonable time period, this may be 7 or 14 days to remediate their behaviour, if they repeatedly breach the Bylaws then lodge a further report a nuisance form. After your strata company has issued say two breach notices, they may then apply to the State Administrative Tribunal for orders against the
If the damage has occurred on common property, who’s responsibility is it?
Published January 18th, 2021 by Jessica Tait
If the damage has occurred on common property it is all owner’s responsibility. The excess is to be paid by the Strata Company. I.e. If there is a leak on CP the strata company presents a quote to us from their preferred tradesperson (or vice versa) which will be presented to your insurer for water ingress. Excess is to be paid by the strata company
Got termites?
Published January 18th, 2021 by Jessica Tait
Typically, strata companies in WA have a termite barrier installed. this is inspected annually with any active termites spot treated and reports of activity issued to your strata council for immediate consideration and attention. Some strata companies only inspect common property, fronts of yards whilst others arrange inspection inside each lot. The
Me … the Strata Company … the Strata Council … the Strata Manager… who does what?
Published January 17th, 2021 by Jessica Tait
Your ownership in some ways is like that of a shareholder, who has certain rights and responsibilities relating to this ownership. The strata company is all owners collectively that form an entity known as a strata company. The strata council is a small group of owners elected as the Council at each annual general meeting of the strata company. This
Who is responsible for what RCDs?
Published January 17th, 2021 by Jessica Tait
All home sellers and landlords must ensure that residual current devices (RCDs) are installed in accordance with the electricity regulations to protect all power and lighting circuits. RCDs cut the electricity supply instantly if a person touches a live part and receives a shock. By installing two or more RCDs, the property's circuits can be divided
What about electricty submeters?
Published January 17th, 2021 by Jessica Tait
As concession holders how can we obtain a concession for our water use if we have sub meters and are direct billed by the strata company. We have submeters which are read every 2 months in correlation to the Water Corporation reading / account. Concession holders may apply for a concession rebate directly via the Department of Finance, Energy Extens
What do I need to do to prepare for NBN?
Published January 18th, 2021 by Jessica Tait
Visit the NBN Co Fire and Lift Register and register your lift emergency phone.This will ensure that NBN Co is aware that your phone line is being used as a lift emergency phone and that NBN Co will provide a temporary deferral of the disconnection date.
Is it a levy notice or an invoice?
Published January 18th, 2021 by Jessica Tait
We often get asked for a copy of a strata company invoice.Did you know that a levy notice is just that? It is a notice. It isn’t an invoice. Reprints of your levy notices therefore are not possible once the due date has expired or the payment has been made. If your accountant is asking for a copy of your levy invoice, then provide them with your AGM
Are members of the council able to attend AGM's if they have unpaid levies due? If so, are they allowed to vote?
Published January 18th, 2021 by Jessica Tait
Under the Strata Titles Act of WA - Schedule 1 – By-laws 14. Votes on Proprietors (1)On a show of hands each proprietor has one vote. (2)On a poll the proprietors have the same number of votes as the unit entitlements of their respective lots.(6)Except in cases where by or under the act a unanimous resolution or a resolution without dissent is requi
Can I see the financial statements for the Strata Company?
Published January 17th, 2021 by Jessica Tait
<h5 class="font_5">If you look at the financial statements, you will be able to find out a few things. You should be able to get an idea of the outlay for repairs and maintenance (or lack of outlay, which can be just as concerning). You can also see what the financial position is for the strata company – how much is in the sinking fund, for ex
Does the Strata Company have to keep copies of the building plans? If so, for how long?
Published January 17th, 2021 by Jessica Tait
Regulation 25 (2) (c) STGR relates to “material delivered under section 49(3) by an original proprietor to a strata company at its first annual general meeting. The term is LIFE
AC & Evaporative Units
Published January 17th, 2021 by Jessica Tait
Water run off can cause a number of issues in strata schemes. Not only damage to common and other property, however leakage puddles and possible water ingress.
How do you vote off a council member?
Published January 18th, 2021 by Jessica Tait
Below is the process for election of council. Essentially if a person wished to be on the council but doesn’t meet the below requirements then they wouldn’t be able to become a council member. Strata Titles Act of WA - Schedule 1 — By-laws 5. Election of council The procedure for nomination and election of members of a council shall be in accordance
My neighbours fence is ten years old. Do I have to pay for half the value of the fence when is was constructed or what it is worth now?
Published January 17th, 2021 by Jessica Tait
The requirement is for payment of half the value of the fence as at the date of claim. The person making the claim has to estimate the value. If your neighbour erected a fence of a higher standard than a sufficient fence, as defined by your local government, unless you agreed to pay the higher cost, you would only have to pay half the cost of a suff
Is the insurance current? When was it last updated?
Published January 18th, 2021 by Jessica Tait
The replacement cost of a building will change every couple of years, and you want to be sure that your building is properly insured for its current replacement value. It’s also a good idea to review exactly what the strata insurance covers you for.
I am an owner occupier. Do I need to have loss of rent/temporary accommodation covered in my insurance?
Published January 18th, 2021 by Jessica Tait
Loss of rent is an automatic inclusion on your policy. It does not affect the cost of your premium so taking it out does not benefit you. Quick tip, always remember to refer to your PDS for clarification. Just hit Ctrl+F and type in your key word. I.e. “loss of rent” and viola! You will find what you’re looking for straight away.
My levy payment has gone missing?
Published January 18th, 2021 by Jessica Tait
If you believe that we haven’t received your levy payment or the amount doesn’t correlate with what you have paid follow the below steps. Review your bank statement – have the funds come out of your bank account or reversed back? If you made cheque payment and the cheque funds have not cleared from your account - then we recommend that you cancel th
Can I take down the existing dividing fence without my neighbours agreement?
Published January 17th, 2021 by Jessica Tait
Once a dividing fence is erected, it becomes joint property. Both adjoining land owners are liable to maintain the fence, regardless of the contribution made to the cost of its erection. Therefore either party cannot remove, alter or damage or in any way affect the structural integrity of the dividing fence. I am about to put up my new dividing fenc
My neighbour is going to build a wall along the boundary and I am concerned about how it will look from my side?
Published January 17th, 2021 by Jessica Tait
This is not covered by the Dividing Fences Act 1961, however under section 88(3) of the Building Act 2011, an outward facing wall along the boundary which forms part of a garage, shed, or building is required to be of a reasonable standard. Local government may, for the purpose of imposing a condition on a building permit, or making a building order
Abodestrata Glossary
Published January 12th, 2021 by Jessica Tait
This is a auto-generated Article of all your definitions within the glossary. Glossary This is a auto-generated Article of all your definitions within the glossary. All
Is the insurance current and when was it last updated?
Published January 17th, 2021 by Jessica Tait
The replacement cost of a building will change every couple of years, and you want to be sure that your building is properly insured for its current replacement value. It’s also a good idea to review exactly what the strata insurance covers you for.
How does a Strata company seek approval of expenditure which is beyond what has been budgeted for?
Published January 18th, 2021 by Jessica Tait
The Strata company may exceed budget by way of: i) Prescribed fee of $65.00 per lot – for particular maintenance work or other matters without going to a general meeting. (see section 47 STA and regulation 29 of the STGR). The amount prescribed per lot may be increased by a special resolution of the strata company, within a budget passed at a meetin
What is the duty of the Strata Company?
Published January 18th, 2021 by Jessica Tait
Strata Titles Act Section 35 Duties of Strata Companies See the new proposed reform here also. As written in the Strata Titles Act (1)A strata company shall — (a)enforce the by‑laws; and (b)control and manage the common property for the benefit of all the proprietors; and (c)keep in good and serviceable repair, properly maintain and, where necessary
What are my lot boundaries?
Published January 17th, 2021 by Jessica Tait
Every strata plan has different lot boundaries, these may be the inner surface of the walls, outer surface or other as determined by your individual strata plan. Single Tier strata schemes Alternative Boundaries
What is a dividing fence?
Published January 17th, 2021 by Jessica Tait
A dividing fence separates the land of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary. A dividing fence does not include a retaining wall. The Act does not apply to the Crown (government) or to land used for public purposes such as roads and paths under the control of local
Do minutes of the council meetings need to be kept?
Published January 18th, 2021 by Jessica Tait
The committee must keep full and accurate minutes of each committee meeting. Full and accurate minutes include: The date, time and place of the meeting The names of people present and details of the capacity in which they attended the meeting (e.g. a committee member or a lot owner) Details of proxies tabled The words of each motion voted on The res
Correspondence regarding structural changes to property
Published January 17th, 2021 by Jessica Tait
Q: Can I please ask that the Strata Manager correspond with me directly regarding the structural changes to our property? I do not feel it appropriate at this stage to share this information and direct emails from us/our builder without a thorough understanding of what we are being asked to do. Once we know that, all information and plans will be pr
The dividing fence has been damaged by my neighbours. Why should I have to pay for half of it?
Published January 17th, 2021 by Jessica Tait
As a general rule, each of the adjoining owners must pay half the cost of repairs unless the adjoining owners agree to an alternative arrangement or the court rules differently. The Act provides for specific situations when one owner who is ‘at fault’ pays the whole cost. These specific situations are where the fence is damaged by fire or by the fal
How does a Strata company seek approval of expenditure which is beyond what has been budgeted for?
Published January 18th, 2021 by Jessica Tait
The Strata company may exceed budget by way of: Prescribed fee of $65.00 per lot – for specific maintenance work or other matters without going to a general meeting. (see section 47 STA and regulation 29 of the STGR). The amount prescribed per lot may be increased by a special resolution of the strata company, within a budget passed at a meeting of
Who pays for the cost of the relocation of the fence onto the correct boundary and what steps should be followed to shift the fence?
Published January 17th, 2021 by Jessica Tait
The Act defines the word ‘repair’ as including ‘realign and re-erect’, so the provisions which deal with repairing a dividing fence also apply to fences which need realignment or re-erection. You should give the necessary notice and obtain agreement before commencing work to realign and reconstruct the fence on the correct boundary line. If you are
Do I need my adjoining neigbours agreement before I erect a new fence?
Published January 17th, 2021 by Jessica Tait
If you wish to claim a contribution and the adjoining land is not vacant, there must be an agreement or a court order in place before erecting the fence. Where the adjoining land is vacant, you do not need an agreement. Once the fence is erected a claim for a contribution can be made on the owner when there is a substantial building erected on the l
What actions do I take to fix my dividing fence?
Published January 17th, 2021 by Jessica Tait
If the fence is common property please complete the form and your strata council will review the maintenance item asap. If the fence is part of my lot, my responsibility ( community association scheme or as otherwise noted as part lot on the strata plan ) not common property, damaged by incident or accident then you can complete an Insurance Claim f
How do I report a faulty street light?
Published January 17th, 2021 by Jessica Tait
https://www.westernpower.com.au/faults-outages/report-a-faulty-streetlight/
How can I reduce the risk of termites invading my home?
Published January 18th, 2021 by Jessica Tait
Keep on top of all leaky taps, hose lines and water heater repairs inside and outside your home Make sure all water from air conditioner unit and down pipes redirect away from the house Keep gutters and drains clean and clear Try and avert fixing any wooden exterior walls Keep leafage at bay – away from house foundations Keep woodchips/mulch away fr
Who can be a Strata Councilor?
Published January 18th, 2021 by Jessica Tait
The members of the Council must all be registered proprietors, they therefore have the same personal and financial interest in the property. Each Councillor has one vote at a Council meeting, and this ensures that a dominant personality doesn’t easily run the strata company to suit their personal goals. As a Council Member it’s not necessary to resi
How is a section 47 notice issued?
Published January 18th, 2021 by Jessica Tait
The strata council serves a written notice on all proprietors and first mortgagees of all lots in the scheme setting out the expenditure required. The proprietors and first mortgagees then have 14 days to respond to the notice which is approved unless, within 14 days: written objections are made by the proprietors or first mortgagees of more than 25
Urgent necessary maintenance items and minimal funds?
Published January 17th, 2021 by Jessica Tait
We have emergency or other common property repairs, we do not have the funds and the costs required see that this would take a long time to raise these funds which are necessary what can we do? <h5 class="font_5">Strata Lending</h5> Sometimes your scheme requires urgent necessary maintenance and the strata company finds itself struggling
Which parts of the property are mine and which are common areas?
Published January 17th, 2021 by Jessica Tait
You might not believe it, but many buyers often forget to ask this critical question! Often, there is an assumption that particular areas are private, and others are common, but you may get a nasty surprise further down the track if you aren’t very clear on the issue from the start. Some areas of contention include courtyards, driveways, stairs and
Does my Strata Company have the ability to carry out work in my lot?
Published January 17th, 2021 by Jessica Tait
Strata Company to Carry out work Where a notice has been served on the proprietor of a lot by a public authority or local government requiring that owner to carry out any work on or in relation to that lot and the notice is not complied with, the strata company may carry out the work, where a proprietor, mortgagee in possession, or occupier of a lot
Is my fence common property?
Published January 17th, 2021 by Jessica Tait
If your scheme was created prior o 30th June 1985, the building and areas outside the buildings are common property. Unless the boundaries have been moved by a resolution of the strata company at some time after 20th January 1997. This can be reached with Landgate. Common property is owned by all proprietors as tenants in common. This therefore conf
Having gas fitting work done?
Published January 17th, 2021 by Jessica Tait
https://www.commerce.wa.gov.au/energysafety/having-gasfitting-work-done
What is the administration levy?
Published January 18th, 2021 by Jessica Tait
Administrative levies cover the ongoing fixed costs of your strata company being; insurance and maintenance of common property. Items included however, are not limited to are: Routine building maintenance, gardening, pool services, gym services, common area electricity/water, lift maintenance, administrative, debt collection, legal, consultant and s
What is a management statement?
Published January 17th, 2021 by Jessica Tait
Management Statement – is a set of unique by-laws drafted for the specific requirements of your Strata Company.
What does our gardener do?
Published January 17th, 2021 by Jessica Tait
Your gardener maintains the property in accordance with the quotation specifications requested and accepted by your strata council. This could include attendance weekly, fortnightly, monthly or otherwise. These specifications and associated costs may alter dependent upon changes in your strata council, directions by your strata company, common prope
What does a Strata Manager do?
Published January 18th, 2021 by Jessica Tait
Larger strata schemes often employ strata managers to assist the council to carry out some of the duties of the strata company. The strata manager may be a company or an individual. This does not remove the need for a strata council. Rather, it may increase the need for one, to ensure the strata manager is effectively instructed and monitored. While
What if we have no Strata Council?
Published January 18th, 2021 by Jessica Tait
If there’s no Strata Council, then even the most mundane decision incurs the cost and inconvenience of a general meeting. When there is a Strata Council, but it chooses not to take an active supervisory role, there can easily be misunderstandings and dispute. In our experience the best managed Strata Companies have a fully involved and active Counci
What are the additional services?
Published January 18th, 2021 by Jessica Tait
These are services outside the management agreement.
Can I make a claim on replacing the old, worn wheels to my balcony sliding door?
Published January 18th, 2021 by Jessica Tait
With respect to insure property, the policy issued is to protect against accidental loss or damage which is usually as result of a fortuitous, singular, one off event and does not cover general wear such as this. If you are unsure as to whether you have a valid claim you can submit a claim online for review. The question of coverage will be fully as
How can I make an application to alter my lot?
Published January 17th, 2021 by Jessica Tait
Alterations Structural erections, alterations and extensions restricted, strata schemes. Section 7 (excludes Lot in Strata scheme This section does not apply to a lot in a survey-strata scheme; or the erection of, alteration to or extension of a structure on a lot in a strata scheme if each proprietor of a lot in the scheme has in writing given appr
What is the reserve levy?
Published January 18th, 2021 by Jessica Tait
The Reserve levy is more like a savings account. A contingency fund for accruing funds that are long term projects, or projects that are at the end of their serviceable period; such as painting, lifts etc. This levy accrues over time alleviating the need for a specific purpose levy. Once the reform has been passed this reserve levy will be a holding
Who chairs the council meeting?
Published January 18th, 2021 by Jessica Tait
The chairperson must chair all committee meetings he or she attends. If the chairperson is absent, another member can be chosen to chair the meeting by those present who are eligible to vote.
When can levies be changed?
Published January 18th, 2021 by Jessica Tait
Why then, might you receive an invoice for the strata levy for the first quarter of the new financial year? It’s because there is often a lag time between the end of the previous financial year and the next AGM – The Act states that not more than 15 months shall elapse between the date of one AGM and that of the next – Schedule 1 By-law 11 (1). This
Can a member of the Council of Owners be absent from a meeting and not have an appointed proxy be entitled to vote on agenda items by a previously sent e-mail to all councillors?
Published January 18th, 2021 by Jessica Tait
Unless your property has any specific by laws saying otherwise, then under the strata titles Act of WA Schedule 1 By Law 8 this is what is specified. Essentially it is up to the council to regulate how they see fit. 8. Meetings of Council (1)At meetings of the council, all matters shall be determined by a simple majority vote. (2)The council may — (
What is best practice insurance claim process?
Published January 18th, 2021 by Jessica Tait
Your scheme is insured by CHU, Common property items are the responsibility of the strata company, to repair, maintain and renew and repairs to part lot, the owner’s. Following is a understanding of the claim process. If the damage is caused by incident or accident, (storm, wind etc.) all items may be claimable, if you believe some of these items to
How will the NBN affect my lift?
Published January 18th, 2021 by Jessica Tait
In many cases existing infrastructure for lift emergency phones, fire alarm panels, back to base security systems, medical alert systems and landline phones can no longer be relied upon in such situations once the NBN has been connected. For lift emergency phones which have been registered with NBN Co, an extension period will be granted until July
When buying property how would you make yourself aware of any use or other restrictions applicable to lots or common property? What must be considered?
Published January 17th, 2021 by Jessica Tait
Refer to copy of the current strata plan & By Laws/ management statement that have been lodged as identified on the Strata Plan; Items of consideration would be the date of scheme, adopted a management statement and /or other By Laws. RESPONSIBILITY https://www.corneyandlind.com.au/resource-centre/property/body_corporate_liability/ Engaging Cont
What doesn't residential strata insurance cover?
Published January 18th, 2021 by Jessica Tait
Strata insurance generally has restrictions to the policy expressed as exclusions. Each insurer has different exclusions and policy terms and conditions. Exclusions can be for certain risks, such as landslip or flood, or for certain property features, such as fencing. Be very vigilant about what is included in your policy and remember that strata in
Welcome To Helpjuice (2min video)
Published January 12th, 2021 by Jessica Tait
Welcome to Helpjuice! This is a sample article we wrote for your to better try Helpjuice's Article Editor. Quick 65 second intro to Helpjuice Your browser does not support HTML5 video. What is Helpjuice? Helpjuice is a super powerful knowledge base that is very simple and customizable. Why do people use Helpjuice? The top three reasons people choo
What should I do about my neighbour who is refusing to pay for half of the cost of the fence?
Published January 17th, 2021 by Jessica Tait
Mediation services may be used to assist with dispute resolution. If the former attempts fail, the Act provides that the matter may be settled through the court, however, it is recommended that you try to resolve the issue through discussion with your neighbour first.
Does the policy cover damage to individual units i.e. doors, roller doors, external glass etc. as a result of break in or accidents?
Published January 18th, 2021 by Jessica Tait
If so what is the process required? Do we engage a tradesman or company to make secure, do we ask Abode to do this and what excess would apply and who would pay it? The Strata Insurance is for fixtures and fittings as a result of incident or accidental damage, with the excess paid for by the lot owner. If a vehicle is involved then the lot owner wou
Why is it important to run a waste water pipe to a drain or the ground?
Published January 17th, 2021 by Jessica Tait
AC Units Rust is the effect of water and oxygen coming into contact with iron. It naturally follows that if gutters are exposed to water continuously all year round (from rain in winter and aircon drainage in summer) the gutters will rust out far quicker. The drainage from aircons needs to be directed to pvc drain pipes to increase longevity of the
Other people are causing a nuisance, what do I do?
Published January 17th, 2021 by Jessica Tait
The following outlines a reasonable set of steps to follow if you are concerned about the behaviour of others in the strata scheme. Noise in excess If another resident is causing inconvenience by loud music or voices, especially late at night, you should: Politely ask, as a neighbour, that they reduce the noise to an acceptable level.If no appreciab
Can the strata council appoint a strata manager, or does it have to be motioned within a general meeting?
Published January 18th, 2021 by Jessica Tait
Strata Council authority to appoint The Strata council, as part of its function to manage has the power to appoint and terminate contractors; agents and employees as they see fit. Strata Council – Info below taken from the Act – see link. Functions of councils The functions of a strata company shall, subject to this Act and to any restriction impose
Can I see the minutes of the last few meetings and AGM's?
Published January 17th, 2021 by Jessica Tait
Again, this will give you an idea of the status of the strata company. You will be able to glean some knowledge about issues, disputes, conflict within the owner community, costs, changes and matters of importance over the past couple of years. You will also be able to see how well or how badly records are being maintained and compliance achieved, a
What is included in the Administration Sheets?
Published January 17th, 2021 by Jessica Tait
The front page including the name of the scheme, the registered address of the scheme, the strata plan number, the date of the strata scheme, when it was lodged for registration, the date it was examined, the date of registration. Confirmation on whether a management statement (i.e. by-laws) was put in place. The Act requires that a Strata Plan must
Built Strata Vs Survey Strata - What is the difference?
Published January 17th, 2021 by Jessica Tait
All strata plans are not alike and you will need to, prior to making an offer on a property understand fully what you own and what you don’t own. It is best that this is marked out for you. <h5 class="font_5"> </h5> WHAT IS A (BUILT) STRATA PLAN? A strata plan is created when a property is divided into lots, and common property. The Lots
Are you residing or tenanting your property?
Published January 17th, 2021 by Jessica Tait
As an owner occupier in a strata titled property you have certain rights and responsibilities such as acting reasonably and with a community spirit, ensuring that you and others respect the by-laws for your strata company at all times. As an owner investor you are responsible for your tenants and their guest’s behaviour at all times, by tenanting ou
Who pays Residential Strata Insurance?
Published January 18th, 2021 by Jessica Tait
The cost of insurance is shared by all lot owners in accordance with their unit entitlement allocation or as otherwise directed by management statement or by-law.
What is the specific purpose levy?
Published January 18th, 2021 by Jessica Tait
Also known as special levies, they are for just that a, nominated specific purpose that arises from time to time, such as painting the entire building, re-roofing, new lift. They are typically larger expense items where there are insufficient funds in the reserve account or admin account to be transferred to a project and the money needs to be raise
What does residential Strata Insurance cover?
Published January 18th, 2021 by Jessica Tait
Strata insurance generally has restrictions to the policy expressed as exclusions. Each insurer has different exclusions and policy terms and conditions. Exclusions can be for certain risks, such as landslip or flood, or for certain property features, such as fencing. Be very vigilant about what is included in your policy and remember that strata in
What are the Strata Management agreed services?
Published January 18th, 2021 by Jessica Tait
The strata manager is appointed by the strata company to assist them with some or all of their duties as prescribed by the Strata Titles Act. The Strata Management industry body SCAWA has a specific management agreement which defines these duties. These agreements are used by a majority of strata managers in Perth. Duties of A Strata Company Abode S
Who can attend?
Published January 18th, 2021 by Jessica Tait
Non-voting members can be invited to attend the council meeting, however may be asked to be absent for certain agenda items if decided by the council.. For example, if the committee are discussing the person’s engagement or a known conflict of interest the person must not be present. (This Other persons can be invited to attend a committee meeting b
Appointment of Administrator: Who can do the job?
Published January 18th, 2021 by Jessica Tait
This response is contributed by Mark Atkinson, legal specialist in Strata Law. Visit Atkinson Legal for more information or to make contact. Atkinson Legal The appointment of an administrator to a strata company pursuant to Section 102 Strata Titles Act 1985 is a drastic remedy of last resort.The State Administrative Tribunal will be reluctant to ap
How do we identify and treat lead paint in buildings?
Published January 18th, 2021 by Jessica Tait
Click here to find out more on the Higgins Paint website.
Are you appointing a property manager?
Published January 17th, 2021 by Jessica Tait
It is important that you select your property manager based upon what services they will deliver to you and your tenant. Effectively your property manager is the conduit between you and your tenants, poorly informed or managed tenants inevitably breach the bylaws for the strata at some stage and this can result in breach notices being issued to you
Do I have to contribute to the repair of the dividing fence if my land is vacant?
Published January 17th, 2021 by Jessica Tait
Yes, subject to Part III Sections 14 and 15(3) of the Act. 32 Dividing fences - a guide The neighbouring property is owned by the Department of Housing and the fence is in need of repair, what should I do? State Government departments are not bound by the Act, however, you should contact your nearest Department of Housing office to discuss the repai
Does the strata company have to keep copies of building plans, if so how long?
Published January 18th, 2021 by Jessica Tait
Regulation 25 (2) (c) STGR relates to “material delivered under section 49(3) by an original proprietor to a strata company at its first annual general meeting. First Annual general Meeting
What is common property?
Published January 17th, 2021 by Jessica Tait
The Common Property is an area that all owners collectively manage and may include areas such as; the outside walls of the building, roofs, driveways, gardens, foyers, pools, gyms, lifts and much more. Every strata company has their own individual lot and common property boundaries, please refer to your strata plan for more information on what is pa
Is it legal to continue to raise levies if no AGM has been held?
Published January 18th, 2021 by Jessica Tait
If another quarter’s levy is not included from the previous financial year’s General Meeting, the “additional “levy cannot be charged. Typically, the motion relating to budget and levies is in order to raise funds for the next financial year. However, to ensure there are enough funds for cash flow purposes it is best practice to include a quarter or
How do I set up a recurring payment schedule via DEFT?
Published January 18th, 2021 by Jessica Tait
For a step-by-step guide, see the DEFT guide for payers. Log in to DEFT from ‘Log in’ in the top-right corner of the page. Enter your username email address and password, and select ‘Log in’. Select the blue ‘Make a payment’ button. Select or enter your DEFT reference number. Your existing DEFT reference numbers will be available for selection from
How cana licensed plumber protect you and your family against scalds?
Published January 17th, 2021 by Jessica Tait
The licensed plumber will advise you on the most suitable method of regulating the water temperature called “tempering” to your bathrooms and for hot water supplied to your kitchen and laundry. This will be determined by your budget and the components that make up the hot water system such as the type of hot water unit, water pipe work requirements
What is a Strata Plan?
Published January 17th, 2021 by Jessica Tait
The following is based on WA Strata Title legislation. In short, a Strata Plan is the plan of a strata titled property, showing the boundaries of lots and unit entitlements, and registered with the Planning Commission. It is also the mechanism for creating strata schemes and strata titles under the Strata Titles Act 1985. Strata Plans define the lot
Can I see the minutes of the last few minutes and AGM's?
Published January 18th, 2021 by Jessica Tait
Again, this will give you an idea of the status of the strata company. You will be able to glean some knowledge about issues, disputes, conflict within the owner community, costs, changes and matters of importance over the past couple of years. You will also be able to see how well or how badly records are being maintained and compliance achieved, a
If my property is tenanted why did I let the lot owner receive the breach notice?
Published January 17th, 2021 by Jessica Tait
The owner of the lot is responsible for their property and ensuring that they their tenants adhere to the bylaws at all time, this responsibility cannot be transferred to any other party including that of your property manager.
I am happy with my fence however, the neighbours are wanting to buy a new one. Do I have to pay for half of a new fence when I don't want it?
Published January 17th, 2021 by Jessica Tait
No, you would not have to pay for a new fence unless you agree to this or your neighbour takes you to court and is successful in obtaining an order for you to contribute to a new fence. In such a dispute, it would be necessary for the owner taking the legal action to prove that the fence is in need of replacement and cannot or should not be repaired
What does a Strata Plan look like?
Published January 17th, 2021 by Jessica Tait
A Strata Plan is a registered document and usually consists of several pages of written descriptions, sketches and important information about all the lots. A Strata Plan document usually contains:Administration sheets: approved forms numbered separately from the plan drawing sheets. A location plan showing the strata scheme with respect to the parc
What is the first process of my claim?
Published January 18th, 2021 by Jessica Tait
For completion by registered lot proprietor the excess is paid by the applicant unless the claim is deemed common property or as a result of common property. Claim Form: Is the claim relating to an incident or accident? If so, all items may be claimable. If you believe some of these items are common property complete our maintenance request form. We
Can I install new flooring?
Published January 17th, 2021 by Jessica Tait
At some stage we all look to change and update our homes, and this may include changes to the flooring. As an owner or tenant in the Strata Company, everyone is expected to act reasonably and with community spirit to ensure that they and others always respect and abode by the by laws . This includes peaceful enjoyment and therefore installation of n
What if a council member has a conflict of interest?
Published January 18th, 2021 by Jessica Tait
If a committee member is about to vote on a motion being decided at a committee meeting or by vote outside a committee meeting, they must disclose any direct or indirect interest in the issue. If a member discloses a direct or indirect interest in the issue the member is not entitled to vote on a motion involving the issue. This applies if the inter
What are By-Laws?
Published January 17th, 2021 by Jessica Tait
By-laws allow your Strata Company to control things like common property and assets. Always review a current copy of your strata plan, in this you will see if your strata company has standard by laws, additional by laws and / or a management statement. By Laws Standard Schedule 1 By Laws Standard Schedule 2 Additional by-laws - Your Strata Company m
Where can I find information on past weather for insurance claims?
Published January 18th, 2021 by Jessica Tait
Follow the link to the Australian Bureau of Meteorology for past weather information. http://www.bom.gov.au/climate/dwo/IDCJDW6111.latest.shtml