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BETTER BUILDINGS: ENHANCING RESILIENCE AND ADDRESSING DEFECTS IN STRATA COMMUNITIES

For strata communities, strengthening the resilience of buildings is essential to mitigating the impact of extreme weather events and ensuring that properties can withstand these growing challenges. This involves technological advancements and updates to building codes as well as a renewed focus on regular maintenance and proactive management of potential building defects.

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MANAGEMENT RIGHTS AGREEMENTS IN COMMUNITY TITLES SCHEMES

Management rights are a common feature of accommodation style and residential community titles schemes. They are a contractual arrangement between the body corporate and a contractor that allows the contractor to provide onsite letting services for owners in the scheme.

This article delves into some of the more contentious issues encountered in relation to management rights arrangements.

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‘STRATA MANAGER’ NOW OFFICIALLY RECOGNISED BY THE ABS AS AN OCCUPATION IN

Following years of advocacy, SCA Australasia was advised early this year that following successful consultation with the Australian Bureau of Statistics (ABS) the occupation title of ‘strata manager’ would be introduced for the first time under their occupation’s classifications regime.

The Occupation Standard Classification for Australia (OSCA) is now available, and the new strata manager classification can be found here.

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TOP 10 OF 2024

As we settle into 2025, adjusting to writing the new date and getting back into the rhythm of the year, the team at Smart Strata is following tradition by reflecting on our most-read updates from 2024.

Last year was packed with significant developments—from the release of the Strata Community Association’s ‘Strata Insurance Disclosure Best Practice Guide’ to in-depth discussions on insurance affordability and accountability, led by the Australian Reinsurance Pool Corporation. With no shortage of hot topics, our updates were read an impressive 682,945 times throughout the year!

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MERRY CHRISTMAS!

As the Christmas holiday season approaches and we prepare to wrap up another successful year, Smart Strata, alongside our foundation partners Archers the Strata Professionals, Strata Compliance Solutions and MAI Strata, would like to take this opportunity to wish you a Merry Christmas and thank you for your continued support throughout 2024.

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CAN MANAGEMENT RIGHTS BE “TOPPED-UP” MORE THAN ONCE

In recent years, it has been suggested by some in the industry that caretaking agreements can only be extended (“topped up”) once and never for a term exceeding the maximum allowed in aggregate.

While Mahoneys did not consider there to be any merit to the “one-time top-up” myth, there had not previously been an opportunity to obtain a ruling on this issue from an Adjudicator.

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OCCUPATION AUTHORITIES—VALIDITY, ACCESS, EXCLUSIVITY, PROFITS AND TERMINATION

A caretaker or letting agent is commonly granted the right to use part of common property to conduct their duties or provide letting services by ordinary resolution of the Body corporate. This is called an “occupation authority”.

Common problems we hear about occupation authority areas include…

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COMMISSIONERS UPDATE: COMMISSIONS AND BENEFITS DISCLOSURE EXPLAINED

Body corporate managers and caretaking service contractors often assist the body corporate to engage service providers such as pool cleaners, gardeners and tradies as well as obtaining insurance quotes.

They may also lawfully receive commissions or benefits from service providers they recommend to a body corporate. However, where ANY benefit is received – be it cash or in-kind – it must, by law, be disclosed to the body corporate.

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THE CRITICAL ROLE OF BUILDING VALUATIONS FOR STRATA INSURANCE COVERAGE

Conducting regular building valuations for your strata property is extremely important. If you haven’t had a building valuation in the past 3 years, there is a high chance your building is underinsured.

Underinsurance has long been identified as an issue for many strata communities. It occurs when the sum insured does not meet the true cost of rebuilding, leaving properties vulnerable in the event of a major claim.

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IMPORTANT INFORMATION RELATING TO THE INTRODUCTION OF THE NEW SELLER DISCLOSURE CERTIFICATES

Members should be aware the Property Law Act 2023, including the new seller disclosure framework, will start on 1 August 2025 and the forms have now been published.
The Property Law Regulation 2024, the Body Corporate and Community Management (Body Corporate Certificates) and Other Legislation Amendment Regulation 2024 and the Proclamation – Property Law Act 2023 are also available.

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