Reena Van Aalst joins me to discuss:

  • why insurers are now asking whether your building has been “re-wired” or “re-plumbed”
  • committees that are breaching their spending restrictions
  • how our strata law is failing owners when it comes to privacy
  • the community leveraging a little-used part of the NSW legislation to ensure all levies are paid on time.


Links mentioned:

2 Responses

  1. I have the opposite with our SMC the roofs on these buildings are 20 years old and never looked at. It is only a matter of time before something bad happens. They leak and then they want us to pay for internal damage (which is not on). I am worried that if something bad happens the insurance company wont pay due to lack of maintenance. They are keeping it for an emergency

  2. My issue with this restriction motion is that it is typically a matter that comes from the floor. My issue is then how does one instruct a proxy or how is it even possible to pre-vote?

    Spending limit and urgent.
    My current committee feels a matter from 6 months ago still qualifies as urgent when it comes to a legal spend; and the fee proposal is still over the $10k limit but let’s not let that get in the way of pressing to approve the spend.
    Can’t stop theses people.

    The APP (Australian Privacy Principles) do not apply to individuals so once an owner has the other owners emails it is a bit of a free for all. The APPs also do not apply to an organization whose turn over is less than $3 million. Not a lot of OC’s fit that criteria.
    Ace up the sleeve is the Legge Case where the Tribunal feels one of the purposes of the strata roll is for other owners to contact you.

    14. The respondent’s argument that addresses of lot owners cannot be disclosed because of the National Privacy Principles is misconceived. Firstly, the strata roll requires an “address for service of notices” of lots owners or their appointed agents. I am not satisfied that an address for service of notices is “information … about an individual” within the definition of personal information in section 6 of the Privacy Act 1988. Secondly, even if an address for service of notice is “information … about an individual”, part of the primary purpose of the collection of lot owners’ addresses and their inclusion on the strata roll is so they can be contacted by other lot owners and the Executive Committee of the Owners Corporation. Thirdly, even if that is not part of the primary purpose for the collection of lot owners’ addresses, disclosure of the information on the strata roll is required by section 108 of the Act, which means that disclosure of the addresses falls within the exception set out in Clause 2.1(g).

    Legge v Network Strata Services Pty Ltd (Strata and Community Schemes) [2013] NSWCTTT 45 (8 January 2013)

    You like arrears. We have a 25%+ levy default rate of owners and current arrears are $150k+ which represents more than one years total admin fund budget.
    The arrears represent over 65% of the OC’s total assets. Can’t spend arrears.

    Nothing dysfunctional about my SP; just ask NCAT / CTTT.

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