410. Termites, Security Cameras, and Tribunal Costs – Your Questions Answered
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I’ve chosen three listener questions to answer, covering termites, security cameras and the strata manager’s authority to appear before the tribunal.
Links mentioned:
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- Get the transcript here!
- Your Strata Property Facebook Page
- Section 238 | Orders relating to strata committee and officers | SSMA 2015
- Section 104 | Restrictions on payment of expenses incurred in Tribunal proceedings | SSMA 2015
- Section 260 | Personal liability of officers of owners corporations and others| SSMA 2015
- The Surveillance Devices Act in New South Wales
- Section 106 | Duty of owners corporation to maintain and repair property | SSMA 2015
- StrataMembership.com
Hi Amanda, thanks for answering my question about termites. The information you provided is very helpful in deciding what the Owners Corporation is responsible for and needs to do.
Regards,
Denton
PS: I chair the OC’s Executive Committee and am also a member of the OCN ACT committee
Thanks for the question, Denton! I’m glad the pod was helpful.
Great questions great answers.
I am in a cubic strata plan, where each lot is responsible for their property. I believe that termite damage is excluded from the building insurance. I have an anual termite inspection, $200 and also an individual termite insurance $99 pa. The other two lot owners cannot be forced to do the same, and they don’t have either inspection nor a termite insurance. It is mostl unlikely to have termites, there are not trees or shrubs close to the complex. I feel that the cost is small to have protection for my building, which is stand-alone. This question has also been answered in Look up Strata.
It is best to study your building insurance policy.
Hi Amanda
Many thanks for answering my question re CCTV cameras. the information was helpful. The camera in question is under the roof eave which is Common Property according to the Strata plan registered 1993 ,of which was installed Dec 2024 again without permission and consultation. The new strata management (***** *****) I feel is “dragging their feet” on this issue. So, what can I do now. A technician was suppose to change the position but yet no go. After many requests for its removal, now have been ignored. I have been advised that to go to Fair Trading but is that the job for the Strata Management not myself.
Thanks
Hi Suzanne,
Thanks for the question and I’m glad the info was helpful.
Yes, it should be the owners corporation’s job to pursue this. However, if you can point to a by-law the lot owner is breaching by having the camera in place without approval, you can bring your own application in the Tribunal.
I discussed this on our Friday LIVE chat last week. You can watch it on Facebook here: https://www.facebook.com/yourstrataproperty/videos/392920657088959/?__cft__%5B0%5D=AZW3PLWzGpNJdkh8aXY2pVLanXIfOfTZ_1ipMZ6umQBAF9LOjSfbtFy1Y93PpWmZlUSZomPpMi_U7iR-WnZ_jES95_97MA8zYo_npsaLJg4bAeIimMzPoHMs7oRb1nJXf_17SKRRxwM-jh2J3t722wIXIqVlAXE58968_zGU4kzNwPHgc7tBSypcNSlgBaXAoVVAuV4SHA8nv_OGSP2C_TJ9&__tn__=%2CO%2CP-R
(also on You Tube).
Amanda.
I thought I’d make a comment Re Episode 410, in relation to how to best address excluding a lot from paying levies that relate to legal fees (including the Strata Manager’s schedule B fees if applicable) for the defence of the OC when the Lot owner has taken the Owners Corp to NCAT and the Lot owner was successful. In my experience and opinion, the best and cleanest way to address this is to raise a Special Levy for the exact amount of these costs, and include in the motion it’s to be levied on the basis of Unit Entitlement excluding Lot X. And ideally to include a brief reference to the NCAT ruling that allows Lot X to be excluded from this Special Levy.
Then, the accounts team will create an additional one-off Entitlement schedule in the strata management software (for this one-off use) where you put a 0 for Lot X, and everyone else has their normal Unit Entitlement entered.
For example, if it’s a 10 Lot scheme and each Lot has a U/E of 1 (with a total of 10), for this Entitlement schedule, everyone except Lot X has their normal U/E of 1, and Lot X has a U/E of 0. Which makes a total of 9. Then, the special levy is struck against that one-off Entitlement schedule.
The reason (in my opinion) this is the best way to address this, rather than simply applying a credit to Lot X (against their regular levies) is because the OC is obligated to raise the full amount determined at the last AGM. And if you apply a credit to Lot X against their regular levies, it means the OC has not raised the full amount determined at the last AGM.
My experience, to be able to speak to this, is I’ve been working in strata in a finance role (specifically Accounts Receivable, so essentially all things levies related) for 14 years. I want to add, I’m a big fan of your podcast. I really appreciate that you share your knowledge and expertise to the public, and have created this platform to help anyone with an interest in strata (whether they’re a Lot owner, Committee Member, or work in or alongside the strata industry) to enrich their knowledge. I particularly enjoy the episodes with Reena Van Aalst. Even though I am not a Strata Manager, it’s still valuable for me to learn more about other aspects of strata that may not necessarily touch my role. As having a broad understanding of all aspects of the industry that I work in allows me to provide the best support I can to my colleagues, so that they can provide a better service to our clients.
Erica