May Newsletter 2022
THE NEW STRATA HUB IS COMING SOON
Strata Hub is nearly ready to go live!
As you will have read from our previous newsletters, the NSW Government has introduced a new portal, Strata Hub, to enable ease of access to key information relating to strata schemes.
There has been a delayed start date due to the large number of strata schemes in NSW and the sheer enormity of data and technical issues arising.
Strata & Community Australia (the peak body for the strata industry) has, for example, reported there is a number of strata schemes which don’t have letterboxes and no information recorded anywhere to enable the Government to cross-match data available from its other data bases. Door-knocking will be required in some instances!
For those of you managed by strata managers, it is likely that they will be the first point of contact to upload the requisite information (as previously indicated).
Understandably, many members of strata committees have expressed a reluctance to provide their details on a public website eg private email addresses, mobile phone numbers, however, SCA has dispelled some of those fears explaining that access to Strata Hub is only available to “verified” users.
For those members of strata committees who still have misgivings about providing their details, SCA has suggested the creation of generic email addresses eg secretarysp1234@hotmail.com. This is a useful suggestion because if the Secretary should resign or sell, the email account can easily be transferred to the newly appointed Secretary with all the email correspondence easily accessible and readily transferrable.
As we have advised, compliance with the new Strata Hub is mandatory and penalties for non-compliance apply and will be imposed on Owners Corporations, or, strata managers, if they are delegated that function and authority.
For those schemes who have an upcoming annual general meeting, our office will include motions for the option to delegate to the strata managing agent the function of entering and recording the information on Strata Hub.
Otherwise, we will issue paper meetings for a separate general or strata committee meeting to consider authorising the above.
The Strata Hub test site is stated to be available from late May 2022.
The expected start date for Strata Hub is expected to be 30 June 2022 allowing Owners Corporations 3 months to enter the information and the possibility of further extensions if their tools/facilities are not available in time.
Please note that our office’s or your building manager’s (if any) information and contact details cannot be substituted in lieu of personal committee members’ details even if this office has full delegated authorities including that of Delegated Secretary or if your building manager resides on-site.
We will keep you updated as more information comes to hand.
Stay Safe and Informed!
Regards,
Leanne Habib
CEO
NSW: Q&A Installing air conditioning in an apartment
Question: Does the strata committee have the right to block me replacing my non-working aircon unit with a similar unit?
I have applied to strata committee to replace my ageing non-working air conditioning unit with like replacement. I have sent detailed plan of replacement to the committee. There are no new attachments or invasion of common areas. I have been advised that I need to get a bye law passed to do this. I regard this as unreasonable conduct.
Does the strata committee have the right to block me replacing my non-working aircon unit with a similar unit? They have informed me that I need to get the bylaw passed at special committee meeting at my own cost.
Answer: If your external unit is floor mounted, that may impact on waterproofing, which in turn is why the committee is insisting on a by-law.
Split-system air-conditioning is deemed a “minor renovation” under the strata legislation, unless, among other things, the air-conditioning involves waterproofing. If your external unit is floor mounted, that may impact on waterproofing, which in turn is why the committee is insisting on a by-law. Alternatively, it may be that your local council requires some form of consent for air-conditioning, in which case, a by-law would also be required.
NSW: Q&A Strata approval for renovations – What is the process?
Question: I’m seeking approval for new floorboard, but the committee insists upon a specific and expensive underlay. Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen?
I’m seeking permission from the Exec Committee to update my old floating floorboards to new hybrid flooring.
The committee only approves flooring if you commit to either using a very specific, made to order and expensive underlay or pay for your own acoustic testing report.
I have provided evidence that the underlay I propose exceeds the acoustic report recommendations the committee has provided.
Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen?
Answer: If you have provided probative evidence that your choice of underlay meets or exceeds the strata committee’s specifications, their demands may be construed as being “unreasonable”.
Your works are categorised as minor renovations” under the Strata Schemes Management Act, 2015 (NSW) (“Act”) provided they do not involve waterproofing and other exceptions.
If your strata committee is imposing these requirements, it appears that they have been delegated the power to approve “minor renovations” under the Act.
The Owners Corporation/strata committee may only impose reasonable conditions and approval cannot be unreasonably withheld by the Owners Corporation/strata committee as stated in the Act.
In our view, if you have provided probative evidence that your choice of underlay meets or exceeds the strata committee’s specifications, their demands may be construed as being “unreasonable”.
Leave us a Review
If you are a client of Premium Strata, we would greatly appreciate if you could leave us a google review of your positive experience about our team and work. If you have any feedback or require any assistance, please do not hesitate to contact us.
