Useful Documents, downloads and links.
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General information and your rights.
Understand your rights in a strata scheme, learn how to request repairs, and resolve disputes.
Reforms to law
Have your say and open communication.
The owners corporation is responsible for maintenance, repair and overall management of the common property.
The vast majority of Owners Corporations default to allowing animals upon written application.
If your by-laws already approve small dog, cat etc., you are still required to notify the Owners Corporation.
Parking has been a problematic issue in buildings for some time. This is due to many factors including unclear laws, limited strata management laws and misunderstandings on what is allowable.
Solutions come from the process of the Strata Committee with the aid of their Strata Manager taking proactive steps to help the issue, such as:
- Implementing physical access restrictions for parking areas, e.g. bollards or pass card operated barriers.
- Installing surveillance equipment.
- Negotiating a council parking agreement, which places the parking area under council control.
- Making by-laws to better address these issues, current by-laws typically being inadequate. This could include making by- laws imposing restrictions referable to visitors, but enforceable against owners and/or occupants.
Reactive measures are generally ineffective, because:
- Police and councils have very limited powers with respect to vehicles on private land.
- By-laws are notoriously difficult to enforce, requiring issue of an infringement notice, in circumstances where a visitor probably is not bound by the scheme’s by-laws and in any case generally cannot be identified, let alone served with an infringement notice.
- It is illegal in NSW to clamp, tow or detain a vehicle without the consent of the vehicle owner and neither a by-law nor signage reliably permits such action.
Self-help remedies are inadvisable. Moderate action, such as leaving a notice on the windscreen of the vehicle, is permissible but generally ineffective. More extreme action, such as damaging the vehicle, is illegal and risks escalating the dispute
An Owner’s Corporation must carry out certain functions under the Strata Schemes Management Act such as maintaining common property, arranging building insurance, raising levies and managing by-law breaches. When the Owner’s appoint a strata managing agent, it normally delegates these us.
Our role is to assist and advise the owners corporation through its executives. A large amount of our time is carried out each day undertaking the mandatory obligations of the Owners Corporation. However, as strata managers we receive copious amounts of emails and telephone calls that are for notifications for repairs or maintenance issues. Subject to a finical limitation most repairs will require a quotation being obtained – this takes fiscal responsibility but causes delays in the repairs.
As strata manager we have no authority to spend the owners corporations funds without prior written approval.
The role of the strata committee (SC) to oversee the day-to-day administration and its related issues for and on behalf of the Owner’s Corporation (OC). The SC then elects either one or two members to liaise closely with the its strata manager and, together, they work as a team to ensure the smooth running of the scheme.
It is the committee who effectively controls the scheme’s long term future by giving a clear indication on where they want the scheme to be positioned in the marketplace.
This must take place at a strata committee meeting with the appropriate agenda and resolutions being resolved and the minutes taken.
Unless the issue pertains to an emergency repair then a tradesman is required attend to investigate the issue and then advise us or quote. This may require additional quotes – all taking additional time.
Once the quote is in it needs to be sent off to the strata committee for approval etc. Sometime the same issue can be reported to us numerous times.
The strata committee must place the matter on the agenda and the meeting has to be held 72 hours after the agenda has been issued. So from time of notification, and quotes being obtained, the agenda being prepared meeting being held and quote approved all takes time – but it is unfortunately how strata operates
If you are planning to purchase a Lot within a Strata Plan you will need to obtain a Section 109 certificate from Owners Corporation via the Strata Manager. These are normally requested by your solicitor who will complete the appropriate application.
The Section 109 certificate provides you with an abundance of information including:
- Insurance cover
- Current Levy contribution
- Current financial position of the Lot
- Any future approved Special Levy
- Other pertinent Lot details
It is highly recommended you obtain a 109 Certificate prior to purchase.
The purpose of this document is to assist you lodge a formal complaint if you wish to do so and how and when we will respond to your complaint.
COMPLAINT MANAGEMENT PROCESS
A person wishing to make a complaint may do so in writing to:
- the staff member they were dealing with at the time, unless you are making a complaint about this person;
- the Principal, or if the complaint is about:
- a product or service delivered by our company; the complaint will normally be dealt with by the relevant strata manager;
- a staff member, the complaint will normally be dealt with by the Principal;
- the Principal, the complaint will normally be dealt with by the Principal of your company and the Assistant Principal of your company
Written complaints should be emailed to email@example.com
PROCEDURES FOR COMPLAINT MANAGEMENT
Our Licensee in charge will be responsible for:
- Registering the complaint:
- registering the complaint in your companies’ complaints register
- informing the complainant that their complaint has been received and providing them with information about the process and time frame
- Investigating the complaint:
- We will examine the complaint within 5 working days of the complaint being received
- We will inform the complainant via email within 10 working days of the complaint being received of what is being done to investigate and resolve the complaint, and the expected time frame for resolution. As far as possible, complaints or appeals will be investigated and resolved within 20 working days of being received. If this time frame cannot be met, the complainant will be informed of the reasons why and of the alternative time frame for resolution.
- Resolving the complaint:
- Deciding or referring to the appropriate people for a decision within 20 working days of the complaint being received
- Informing the complainant of the outcome and any options for further action if required
- What if I am unhappy with the resolution?
- If you are not happy with the outcomes of a complaint, you may be able to lodge a complaint with Strata Community Association (NSW) or Fair Trading, their office will determine if it has the power to investigate your complaint.
SCA (NSW) Code of Ethics (Constitution Rule 40)
Please click here to read the Code of Conduct.
Strata Community Association (NSW) Professional Standards Scheme
Sydney Strata Specialists is a proud member of SCA (NSW), the peak body for the strata sector in NSW representing 2,000 strata managers.
The NSW Government under the Minister for Better Regulation and Innovation has approved a Professional Standards Scheme. This formal recognition by the NSW Government is first of its kind for the property services sector in Australia.
The scheme has been approved for an initial period of 5 years commencing from 1st July 2021. This approval means our business, Sydney Strata Specialists, must adhere to a Code of Ethics including professional standards, and is monitored by Professional Standards Australia.
What does this mean for you?
At the forefront of this scheme is a further commitment to consumers to ensure high professional standards across the strata industry in NSW. This is in line with various other initiatives across NSW, including the NSW Government plan to rebuild the construction sector and restore confidence and professionalism.
The Professional Standards Scheme will bring to our clients a range of benefits, including:
The SCA (NSW) will oversee and self-regulate the conduct of all members within a structured professional framework.
In addition to our internal complaints handling process, the Professional Standards Scheme brings a further robust and independent complaints handling process, ensuring clients can be assured of an independent review and response.
An increase in Continual Professional Development (CPD) requirements for Strata Managers and Licensees in Charge, ensuring the industry remains up to date, educated and aware of their on-going responsibilities to the consumer.
At Sydney Strata Specialists, we are committed to supporting the strata industry, contributing to the overall improvement, and providing an excellent customer experience. The introduction of the Professional Standards Scheme will assist us in meeting these goals for our clients.
If you have any questions regarding the Professional Standards Scheme, please firstname.lastname@example.org or SCA (NSW) on 02 949 8200. Alternatively, further details are available at www.psc.gov.au.
If our offices are closed and you need help in an emergency situation, please contact any of these government and trade contacts until our offices are open.
If you are unable to reach one of the contacts listed we have a back-up emergency number:
Sydney Water 13 20 90 (24 hours)
AGL 13 19 09 (24 hours)
Ausgrid Australia 13 13 88 (24 hours)
Police, Fire & Ambulance
State Emergency Service
SES 132 500
TRADE EMERGENCY CONTACTS
Scott & Sons Plumbers
0410 457 920
1300 666 234
0423 005 599
David Carr Locksmith
02 9389 8543
- Apartment building defect expenses
- Model By-Laws – NSW Strata Schemes Registered After 1st July 1997
- Standard By-Laws – NSW Strata Schemes Registered Prior to 1st July 1997
- Strata Schemes Management Act 1996
- Strata Schemes Management Regulation 2005
- Strata Schemes Management Regulations 2010
- Strata Schemes (Freehold Development) Act 1973
- Interpretation Act 1987
- Dividing Fences Act 1991
- Project Remediate – NSW Government Initiative (rectifying combustible cladding)
- Environmental Planning and Assessment Act 1979
- Environmental Planning and Assessment Act 2000 – Regulations
- Community Land Management Act 1989
- Community Land Management Regulation 2007
- Strata Schemes Management Act 2015
- Strata Schemes Management Regulation 2016
- Home Building Act 1989
- Department of fair trading