A bespoke up-to-date strata management agency agreement template and proposal, tailored for your firm!
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A bespoke up-to-date BMC agency agreement template and proposal, tailored for your firm!
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A bespoke contract to enable service charges direct to owners who want that special service that the committee does not wish to pay for.
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A bespoke up-to-date community, precinct and neighbourhood agency agreement template and proposal, tailored for your firm!
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Contract between a strata manager and a developer for pre-registration services.
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A bespoke up-to-date building management agency agreement template and proposal, tailored for your firm.
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A tailored by-law for your renovation works.
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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Posted 31 January 2018
Category: Building Defects
The strata industry has a long history of dealing with defective building works and there are some usual suspects, such as water penetration and concrete cancer. However, in recent years, some new types of building defect have risen to prominence. In our experience, the following have become particularly problematic:
Aluminium Cladding
Defective aluminium cladding is a major problem, because it represents a substantial safety hazard, as illustrated by fires in Melbourne and London and because the rectification costs can be enormous. The actual defect generally involves use of imported aluminium cladding products, which do not comply with relevant standards, generally in relation to fire retardant characteristics of the material used as the core of the product.
The Government response includes:
New South Wales Fire and Rescue has been inspecting buildings and a significant number of residential high-rise buildings have been identified as having potentially unsafe cladding.
In order to address their statutory obligations and potential liability, NSW strata schemes should take action, including:
Further information can be obtained in our articleĀ Aluminium Cladding – Dealing with NSW Fair Trading’s Proposed Legal Reform.
Balconies and balustrades
Potential problems include scenarios where:
Recent developments in the law have brought focus to this issue. On the one hand, an owners corporationās liability for failure to carry out repairs and maintenance has increased with the enactment of the Strata Schemes Management Act 2015 (āSSMAā). In contrast with the previous legislation, the SSMA now provides that a lot owner suffering loss can claim compensation from an owners corporation which has failed to observe its statutory duty to repair and maintain the common property. On the other hand, several recent cases have made it clear that an owners corporation’s duty to repair and maintain the common property does not extend to carrying out works which amount to upgrades, which represent a common property upgrade requiring approval by special resolution.
Electrical wiring
A defect notice can be issued if an electrical installation does not comply with safety standards, e.g. due to faulty wiring, alterations or additions, or trees or branches growing too close to electrical wires. This can necessitate works and potentially result in disconnection of the service. It can also impact on insurance cover.
A common difficulty in this area involves determination of whether the relevant wiring is common property or lot property, i.e. whether the liability resides with the owners corporation or lot owner.
Loose fill asbestos insulation
We have written about this previously and further information can be obtained in our articleĀ Loose Fill Asbestos Hazard: Important Update for Strata and Home Owners 2017
Broadly:
We have considerable experience with these issues and could help you pre-empt difficulties in this area.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.