FLAT CHAT WRAP

In this week’s podcast we ask leading strata lawyer David Sachs to run the rule over some of the questions in our Forum.

For instance, can the owners corporation charge Airbnb hosts the difference if insurers increase premiums because there are short-term holiday lets in the block?

Is it okay to have a paper only AGM with the committee elected by pre-meeting electronic votes?

Who pays the costs when a renovator has to get a retrospective by-law for works done without permission?

Which law – anti-discrimination or building codes – takes precedence when an owner wants a chairlift installed in a common property stairwell?

Can an ordinary owner take a strata manager to the tribunal for failure to fulfill their responsibilities?

What can an owner do if their motion for the AGM is left off the agenda when it is published?

There are answers to all those questions and more in this week’s Flat Chat Wrap.

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Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.

This week on the Flat Chat Wrap we get a glimpse behind the scenes as NSW Building Commissioner David Chandler is a guest at a “town hall” meeting for members of his team.

In it David outlines some of the Building Commission’s achievements over the past five years, including the creation of a “defects library” so that certifiers, owners corporations and eventually universities can access the same information about defects, employing the same definitions, so that everyone is on the same page when it comes to claims and remediation.

He also outlines his plans for post-retirement – he’s not leaving, just winding back a little – celebrates the fact that a team from another state has been looking closely at how the NSW BC works, and relates how inspectors from flammable cladding Project Remediate discovered serious defects in a newish building and got them fixed by the developer without needing to go to court and at no cost to the owners.

Just to clarify, David is introduced by Elizabeth Stewart, associate director of Building Compliance, and the other voices you will hear are Assistant Commissioners Tom Carney and Matthew Press. And the Yolande to whom he refers is Yolande Nyss who built  and leads the Project Intervene section which helps strata schemes navigate defect rectification with their developers. 

All that and more in this week’s Flat Chat Wrap.

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Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.

The tax office is coming after double-dipping landlords who claim all sorts of things they shouldn't, or just claim for stuff the wrong way.
And what about levies? It turns out some are tax deductible and others aren't. But which?
By the way, in the podcast we say 86 percent of owners who use tax agents get their returns wrong, in fact the ATO says the majority of investors make mistakes in their tax returns despite 86 percent of them using tax agents.  Oops! Big difference.
Moving on, we also look at how the NSW state government is pumping millions into the Building Commission - turning it into an effective CSI-Strata as they track down dodgy developers before they can do too much harm.
Turns out it's a case of "round up the usual suspects" as they said in Casablanca (the movie, not the city).
And finally, we look at if or when you can record strata committee meetings, and whether or not you should.
That's all in this week's Flat Chat Wrap.

____________________________________________________


Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.

A slightly shorter but more pointed podcast this week as Sue reports on plans to demolish two affordable-rent apartment blocks and replace them with one luxury block with fewer, but presumably high-end apartments.

It's another potential blow to the supply of affordable housing in desirable areas. City of Sydney have said “no” so the developers have appealed to the Land and Environment Court (LEC)– which held a kerbside hearing outside the site, the other day. 

Apparently there are half a dozen other blocks of affordable homes in the Potts Point, Elizabeth Bay area – all marked for gentrification, and we’ve just heard it’s happening in Bondi too.

Now we know why there aren’t enough materials or skilled workers to build enough affordable apartment blocks – they’re all working on luxury pads for the privileged few while reducing the number of available homes.

Meanwhile Jimmy has taken serious umbrage at a report in the SMH Domain section which is a typical “neighbours from Hell” yarn. Which is all very well, but it’s not even here in Oz and, he says, gives a completely false (and predictably biased) impression of living in apartments.

And finally, on her way back from the LEC hearing, Sue chanced upon a vivid example of how hard it is to find somewhere affordable to rent in Sydney.

That’s all in this week’s Flat Chat Wrap. 

____________________________________________________


Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.

This week we take a swing at polarising polititicians who are hoping to fire up the Nimbys against medium-density housing.
They know it's what the state needs, they know it will help resolve the housing crisis, they don't have a viable solution, but hey, if it means they can get a few more votes in marginal constituencies, to Hell with the homeless.
Then we go back to the future with Company Title.  Are apartment blocks where owners set their own rules and have nothing to do with strata law the answer for the strataphobic?
Even today there are company title blocks that can ban pets, Airbnbs and even kids.  What's the catch?  We have a look.
And finally a new development of micro-apartments with shared common areas and compact living areas is already oversubscribed.  Sue gives the concept the thumbs up, Jimmy likes a bit more space. You can see inside one in a clip from the Today show HERE
That's all in this weeks' Flat Chat Wrap

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Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.

The Podcast takes a musical twist this week when we discuss the ear-bending plight of residents of four apartment blocks in the Sydney suburb of Meadowbank who have been subject to an opera singer practising his scales for 90 minutes every Sunday.

How bad can it be?  The perp is clearly talented and may even think he’s doing his neighbours a favour by standing on his balcony belting out his do-re-mis, but really?

Oddly enough, music-loving Jimmy thinks hitting the high notes for a non-consenting audience is a bit of a low blow while self-confessed tin-ear Sue thinks it’s all in the ear of the beholder.

You can judge for yourself when we play a clip in the podcast or follow the links in the accompanying story HERE – and you can even vote on whether to call “encore” or shout “shut up!”.

Also in the Wrap this week, we look at why apartment rents are rising faster than houses’.

And while everyone else is focussed on the suburbs that are being pressured to allow more apartment blocks to be built, we take a swing through the councils that will be allowed to buck the trend in a review of NSW government policy.

That’s all in this week’s Flat Chat Wrap.   

____________________________________________________


Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.

This week’s podcast is mostly devoted to embedded networks, what they are, why they can be good or bad, and what you can do to make them work for your strata scheme. 

To that end, we chat to Joseph Arena of Embedded Networks Arena,  a company that will analyse your embedded network contracts – e.g. for energy and hot water systems – and tell you how you can get a better deal.

This was recorded via Zoom so the audio may not be up to our usual standards but  if you listen to the end of the segment, you will hear about a terrific offer for Flat Chat readers and listeners.  You can read all about Embedded Network Arena on its website HERE.

Another link you might want to follow is to Amanda Farmer’s audio summary of the case she discussed in her live podcast last week. It’s an interesting case where the committee in a resort scheme pushed through a special levy and a by-law that would have benefitted a minority of strata owners to the detriment of the majority.  You can find out what happened at NCAT, both in audio and print, HERE.

And the Forum is abuzz (sorry) with discussions about a townhouse resident who put a beehive in their garden, conveniently away from their own back door, but annoyingly close to their neighbour’s.

That’s all in this week’s Flat Chat Wrap.
SPECIAL OFFER: Embedded Network Arena is offering Flat Chat followers a 10% discount off their standard ‘Embedded Network Review Reports’. they provide a comprehensive embedded network contract review & utility cost benchmarking for electricity, hot water, gas & other embedded utilities. To take advantage of this special offer, contact them HERE and use the Discount Code “Flat Chat Offer 2024”. 

____________________________________________________


Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.

The only story in strata in the past week  has been the decision by Building Commissioner David Chandler to hang up his hard hat and retire in August. 
So we thought the time was right to look at what he has achieved, the challenges he's faced - like being encourage by his then Minister to have a sit-down with a very dodgy developer - and the legacy he leaves behind for his successor.
He says his challenge for the last few months of his tenure is to get the message out there that there are more protections for consumers than there ever have been.
And you can see his point - people who haven't lived in strata before have zero interest in the stuff we discuss here.
But there is a strong message and it's worth spreading. He and we just need more people to listen. 

____________________________________________________


Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.

This second part of Lawyer In The Hotseat opens with an apology for promising a discussion on ebikes in last week's podcast, forgetting that it's actually in this, the second part (promise).
Otherwise our discussion with strata lawyer David Bannerman covers  renovation by-laws and the value of by-laws that would stand up if challenged at a Tribunal but send out a signal about what is unacceptable even if it's legal.
We also look at strata managers acting unilaterally, the controversial Building Design Practitioner's Act and how it adds a lot to the cost of home renovations.
We look at who's responsible for repairing and replacing bathrooms in older blocks - especially when they have never been renovated.
And, yes, we discuss eBike and scooter batteries, especially in older less fire-resistant unit blocks.
And finally, for all the questions we couldn't get to, we point listeners to the very slick Bannermans Lawyers website.
That's all in this week's Flat Chat Wrap.
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Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.

As promised, this is the first part of the recording where JimmyT fires questions at leading strata lawyer David Bannerman.
Topics include:

• Does your strata manager have to give you access to the strata roll (including other owners' email addresses)? And what do you do if they don't.
• What are the new strata laws all about?
• What do you do about do-nothing strata committees.

All this and more in this week's Flat Chat Wrap.

____________________________________________________


Flat Chat is all about apartment living, especially in Australia.
Find us on Facebook  and Twitter and the Flat Chat website.
Send comments and questions to [email protected].
Register to ask and answer questions about apartment living anonymously on the website.
Recorded by Jimmy Thomson & Sue Williams; Transcribed by Otter.ai.
Find out more about Sue Williams and Jimmy Thomson on their websites.