In the 16th episode, Peter hones in on his experience in strata management and how to bring the best out of a community titles scheme.

Peter recounts on changes in the industry such as demographic changes and the changing role of the Body Corporate Manager as a “trusted advisor”.

Peter also discusses:

Infrastructure changes in new developments and the need to take advantage of modern initiatives;

The need to enhance sustainability in a Community Titles Scheme;

The importance of implementing best management practices in a new development from the beginning;

Managing committee expectations from a BCM’s perspective – including the need to encourage ongoing training and education for committees;

The need for the BCM to be visible and maintain an interaction and relationship with lot owners and the committee, and strategies to achieve this including AI and data analytics;

The benefits of harnessing on existing skills within the community of lot owners in a scheme;

Navigating challenges when a committee cannot be formed, and ways to encourage participation;

How a BCM can enhance their career in strata management;

A view on the future of education and licencing in the strata industry;

Best practices in meeting procedures and the need for the BCM to understand the legislation and procedures (including managing voting rights);

BCMs need in enhancing communication, offering other services such as facilities management and advising committee’s on appropriate experts when needed;

The factors that affect cost for the Body Corporate Manager’s services and the need to set committee expectation as to cost at the committee budget committee meeting and obtaining approval before incurring such costs.

​Contact details:

T: (07) 37217000

Email: [email protected]

​"Building management compliance and the need for diligence and standards in strata schemes"

An insightful look at the building management compliance requirements and the ABMA Building Management Code with Lynda Kypriadakis

​In the 15th Episode of Let’s Talk Strata, Lynda Kypriadakis talks about the significant need to ensure building/facilities management compliance to mitigate against risk. Lynda talks about the ABMA Building Management Code and how critical it is for standards to be implemented in every building, stating:

“The ABMA sees itself as a fully inclusive platform for joining forces to set standards for self-regulation across the building management sector …. If you don’t have the tools to guide and steer yourself towards your destination, how can you ever get there – we need governance, we need standards”

Lynda agrees with the need to have standards and qualifications for Body Corporate Manager and Building Managers alike. Lynda recognises that, as Manager’s role typically involves delivering building management outcomes linked to compliance on common property, there must be some form of qualifications or licence in place to complement the suite of legislation that regulates the industry.

Lynda also discusses the following:

Challenges of an onsite manager in maintaining building compliance together with strategies to achieve this;

The need to know your strengths and weaknesses, and get trained;

Outlines best practice steps for building managers (the Building Management Plan);

Required documentation and how to get it;

The need for a warranties register;

The need know your own limitations and to have a good team around you;

How to use the ABMA Building Management Code which provides objective standards to interpret often vague terms in a Building Management Agreement.

​

Lynda Contact details:

Email: [email protected]

Website: www.abma.com.au

Website: www.diversefmx.com

In the 14th Episode of Let’s Talk Strata, Gary overviews a brief history in the rise of strata developments in Queensland, illustrating the complexities in the realisation of sustainable communities.

In identifying “strata titling as one of the more famous exports that Australia has been responsible for in the legal sector”, Gary draws comparisons on complex forms of strata titling in Australia and overseas.

Additionally, Gary delivers a stimulating discussion on the following:

- Strata from a global perspective (e.g. Burj Khalifa in Dubai, the tallest building on earth)

- Hallmarks of good structuring of bodies corporate in terms of titling, subdivision, and management;

- How incorrect subdivision can affect strata management;

- Matters to consider when assessing and attributing costs to different purposes and use in commercial, residential and mixed use strata properties;

- Types of facilities to accommodate in strata properties and the role of developers in creating genuine and sustainable strata communities;

- The ingredients to creating a great strata community for occupiers;

- The impacts of correct long-term decision-making and the role that skilled consultants play.

In the 13th Episode of Let’s Talk Strata, the second interview with the Body Corporate Commissioner for Queensland, Chris Irons, comes back again to further elaborate on common disputes that occur on a daily basis in a Community Titles Scheme. Topics covered include discussion on:

• Recap on statutory limitation periods for Body Corporate debt recovery and a review of the recent Court of Appeal case of Body Corporate for Mount Saint John Industrial Park Community Title Scheme 18632 v Superior Stairs & Joinery Pty Ltd [2018] QCA 173. Chris discusses the statutory requirements and processes involved in recovery such as payment plans against the backdrop of the Body Corporate’s requirement raise necessary funds, and to act reasonably in the process;

• Chris talks about the need for Committees and lot owners alike to seek to resolve underlying issues that might be the precursor to disputes precipitating later – Where Chris talks about the need to “cleanse the well”;

• Short term letting and a review of the QCAT Case Body Corporate for Hilton Park CTS 27490 v Robertson [2018] QCATA 168;

• Prescribed process for addressing by-law breaches and the need to properly evidence a breach before taking action;

• Other breaches are explored in the context of Adjudication decisions and other decisions– parking, visitor parking, noise, hard flooring, smoking, towing;

• Smoking nuisances and the difficulties in establishing breach and sufficient evidence of nuisance (Norbury v. Hogan [2010] QCATA 027);

• Towing and best practice for a Body Corporate considering this course of action;

• Best practice tips to managing disputes generally, requirement for reasonableness in decisions of the body corporate, and no-go zones for the body corporate to be mindful of when managing disputes;

• The role of Conciliation and Adjudication in finding resolution;

• Chris discusses the BCCM Commissioner’s Office and collaborative initiatives with other Government and non-Government agencies to address common issues in strata;

• Preventative dispute resolution steps prior to making Conciliation and Adjudication applications, and the need to understanding the underlying issues to a dispute and “narrowing the focus”.

• Chris provides advice on accessing the Newsletter and webinars from the Commissioner’s Office in relation to the above issues, and a great many more.

Contact details:

Subscribe here to the Commissioner's office Newsletter, Common Ground:

• https://www.qld.gov.au/bodycorporate

Contact the Commissioner’s office:

• Phone: 1800 060 119

• Website: https://www.qld.gov.au/bodycorporate

BCCM Webinar series:

• https://publications.qld.gov.au/dataset/bccm-webinar-series

The interaction between residential tenancies and bodies corporate, and how the RTA fits in.

An informative discussion on the role of the RTA and managing strata tenancy matters with Lynn Smith, Senior Community Education Officer at Residential Tenancies Authority (RTA)

Lynn provides an overview of the RTA’s role and function in relation to tenancies in Queensland, and in particular, those tenancies occurring within a Body Corporate. Topics covered include discussion on:

• An overview of RTA forms and what they are used for;

• Role and scope of RTA:

- RTA Conciliators;

- RTA Investigation team.

• What matters and parties the RTA can deal with and interaction with cross-jurisdictional matters;

• Differences in dispute resolution pathways open for tenants and landlords and typical disputes that come to the RTA for dispute resolution, such as:

- By-law disputes – the effect of Body Corporate by-laws in tenancy matters, and how the RTA assists its customers;

- Managing damage to Common Property caused by tenants – a discussion on maintenance vs fair wear and tear;

- Breach Notices.

• Tips on applying for dispute resolution assistance with the RTA;

• What happens if a matter is not resolved during RTA dispute resolution processes;

• RTA penalty and enforcement processes for breaches of Queensland tenancy laws, such as unlawful entry, failure to lodge rental bonds with the RTA, failure to supply required RTA documentation;

• Role of on-site managers in lodging the bond application;

• Tips for landlords and tenants in better managing tenancy issues: communication, being informed of the rules and where to find them;

• The review of residential tenancy legislation.

RTA contact details:

Tel: 1300 366 311

Email: [email protected]

RTA website:

www.rta.qld.gov.au

RTA News signup:

https://www.rta.qld.gov.au/News-to-your-inbox?b=842B83A1A55643508C318D7458526208

RTA Factsheets:

https://www.rta.qld.gov.au/Forms-and-publications/Fact-sheets

RTA Forms:

https://www.rta.qld.gov.au/Forms-and-publications/Forms

In the 11th episode of the Let’s Talk Strata Podcast, Coralie sheds light on the practicalities and challenges in delivering outcomes and exceeding client expectations. Coralie overviews the evolution of strata management and highlights the critical role that Body Corporate Managers, or BCMs, play in ensuring Bodies Corporate operate within the ambit of the legislation.

Particularly, Coralie and Marc discuss the following:

- Communication as key to managing expectations of contractors and sub-contractors and committees;

- Enhancing the delivery of strata management through technology, including the more effective conduct of meeting procedures;

- The emergence of electronic voting and how this will enhance transparency, speed of delivery and access to clients;

- Complexities found in the more modern layered schemes and managing the enlarged responsibilities and obligations;

- The expansion of the BCM’s role and the emergence of the concept of the BCM as “information facilitator”;

- Managing the tension between delivery of legislative information to clients and the referral to lawyer for necessary legal advice;

- The pathway to a career in strata management - education, ongoing professional development and practice, and developing of professional networks – + tips to new entrants to the industry;

- Future directions of strata management and the need for industry stakeholder collaboration and self-regulation or licencing of strata professionals;

- Exploration of “on-the-ground” BCM issues, such as:

o Managing BCM disputes;

o BCM termination of its agreement in certain circumstances;

o Tips on enhancing strata financial management;

o Acquisition of BCM skill sets.

Coralie’s contact details:

Tel: (07) 3367 3559

Email: [email protected]

Website: www.ctsm.com.au

Body Corporate debt recovery - Procedures, tips and steps to successful action

An instructive look at debt recovery from the Body Corporate and lawyer’s perspective, and how to manage such processes with Daniel Wignall, Principal Lawyer at Macpherson Kelley

Daniel discusses the difficulties and challenges in a Body Corporate recovering outstanding debts, amidst the Body Corporate’s obligation and limitation periods for such recoveries. Daniel provides recommendations on the committee action in initiating a ‘prescribed proceeding” for debt recovery, including the best practice in formulating the necessary committee approval (VOC). Daniel advocates for specific and detailed committee motions in approving debt recovery processes, stating:

“I think it’s important to keep it specific because it all depends on the amount of the claim, and to keep lawyers in check and always reporting back to their clients. I think, if it gets to a point where it’s not commercial, committees need to understand that and need to be told that … so causing the lawyer to go back to the committee all the time on big decisions of cost is important, and therefore the VOC should be quite specific on what those instructions are.”

Daniel delves into best practices and intricacies of the following:

- The effect that the quantum of the debt has on the optimum method to pursue debt recovery;

- The process of debt recovery explained;

- Why lot owners do not pay levies and why it is imperative that a Body Corporate recover such debts;

- The benefits of lawyers billing debt recovery actions on the basis of a scale of costs, particularly when arguing the “reasonableness” of recovering such incurred costs;

- The importance of levies on how not paying levies impacts the Body Corporate;

- The need for reasonableness of payment plans from lot owners;

- Self-represented parties and the implications of dealing with such debtors;

- Debt recovery enforcement options against individuals and corporate entities;

- Financiers and debt recovery;

- The importance of proper communication between the Body Corporate/Lawyer and the lot owner debtor;

- The role of the Body Corporate Manager in debt recovery, associated due diligence action and best practices to be undertaken;

- The conveyancer’s role in debt recovery; and

- Future directions in Body Corporate debt recovery including cost implications in nuisance applications.

Daniel’s contact details:

Daniel Wignall

Principal Lawyer - Litigation and Dispute Resolution, QLD

MK Lawyers

P: +61 7 3235 0460

E: [email protected]

Profile: https://mk.com.au/our-people/daniel-wignall/

BCMs, the need for licencing and the role of education in enhancing the profession

An insightful view on Body Corporate Management, its intricacies and future growth opportunities with Deryck Walker, RMIT

In the 9th episode of the Let’s Talk Strata Podcast, Deryck Walker draws on his extensive experience in Body Corporate Management, consultancy and education in the strata space. Deryck discusses the scope of the RMIT Certificate VI in Strata Community Management that he coordinates and how it offers a clear pathway into a career in Body Corporate Management.

In relation to the need for licensing of Body Corporate Managers, Deryck remarks:

“…with the exception of … NSW, ACT and Northern Territory, with there being no licencing requirements, there is not a minimum bar for entry on who a manager can be, what they know and what they do – and this is why the licensing piece is so vital … if you know what you are doing, you can go into the Cert VI – an experienced manager should be able to fly through it … it creates accountability…”

For Body Corporate Managers, Deryck sheds light on critical matters such as:

- The difference between the giving of legislative information vs legal advice

- The need to refer matters to suitable professionals to navigate the multitude of issues that come across a BCM’s desk;

- Honing BCM service delivery models such as the segregation of duties and the need to be a “conduit” to other specialised professionals;

- The need for formal accreditation and a licensing regime in Queensland to ensure the further growth of the profession and a firm pathway into the profession.

Deryck talks about the seismic changes in Body Corporate Management in recent years and how information and education have begun to formalise a professional career, however, discrepancies, from a national level, pose challenges to creating consistency, uniformity in terminology, and promoting national standards and the delivery of strata services. Remarks are made on the diversity of stakeholders in Queensland and the changing service proposition for consumers, including the homogenising and specialising of providers to meet the ever-growing scope of the BCM’s role.

Deryck also reflects on the burdens on BCMs in meeting client expectations and delivering high levels of service against sustainability concerning BCM staffing, financial viability and appropriate charging for that service.

Email: [email protected]

Phone: 03 9925 3098

Caretakers, challenges and Role of ARAMA

An informative walk-through the concept of management rights and the Caretaker Manager in Queensland with Trevor Rawnsley, CEO of ARAMA (Australian Resident Accommodation Managers Association)

In the 8th episode of the Let’s Talk Strata Podcast, Trevor Rawnsley explains the concept of management rights in Queensland and how ARAMA supports this stakeholder group in the strata industry. Trevor discusses the unique role that ARAMA plays in Queensland and overviews the demographic of its members.

In identifying the crucial role that Caretaking Managers play in strata, and acknowledging the significant challenges in meeting client expectations, Trevor advocates that the role is rewarding and provides for a unique lifestyle.

Trevor also addresses the following matters relating to management rights:

- The differing conflicts between investor owners or owner occupiers

- Short-term letting and its obstacles

- The real roles of the Caretaking Managers

- The importance of the cooperation between the triangle of Body Corporate - - Manager, Caretaking Manager, and the committee

- That people should put personality differences aside and collaborate towards the best interests of the Body Corporate

- How ARAMA looks at the industry with a global view as opposed to merely looking itself, as a peak body, in isolation. In doing so, it advocates for collaboration with stakeholders towards reaching common goals.

Trevor Rawnsley contact details:

E:[email protected]

P: 0417 197 687

ARAMA Website:

www.arama.com.au

Strata developers, caretakers and owners – managing the people and avoiding the pitfalls

A thought-provoking walk through Strata development issues and related Strata legislation with Jason Carlson, Director at Grace Lawyers

In the 7th episode of the Let’s Talk Strata Podcast, Jason Carlson talks about bodies corporates – from inception to the early years. Jason examines the long-lasting impact that developers have on the future of a scheme, particularly on lot owners that inherit the scheme after the “original owner control period” ends. The discussion turns to the strong need to assess the fairness and reasonableness of long-term agreements such as the Caretaking/Letting Agreement, Body Corporate Management Agreement, and acknowledgment that those appointment s reflect key decisions that impact on the future financial and property management of the scheme.

Jason delves into the responsibilities and obligations that the Body Corporate Legislation imposes on developers, delivering salient tips and practical advice to lot owners on the following matters:

• Buying off the plan and accessing important information relating to the scheme;

• Evaluating the financial position of a new development before purchasing (including assessing 1st year contributions, and assessing more global long term costs relating to the purchase of the lot);

• Dealing with developers and keeping abreast of important matters relating to the body corporate (such as defects) once a lot is purchased;

• Caretaking agreements and challenging the reasonableness of its terms, including those relating to remuneration;

• Managing building defects with a proactive approach, and within statutory limitation periods;

• Utilising experts to conduct assessments prior to, and following, the purchase of a lot to mitigate issues down the track;

• Managing strata disputes and relationships to achieve a harmonious community.

In concluding that Strata litigation is an emotional business, Jason outlines the benefits and importance of third-party experts such as a mediator or lawyer to assist in resolving disputes and “walking the path to compromise”.