Today's session, I want to talk to you about how residents could deal with smoke drift issues. This usually happens where in strata communities where they live in close proximity and from time to time, you would have neighbors who would be smoking on the common property or within their lot, but it would unfortunately still reach those residents who do not want smoke drift to reach them.

In most states in Australia, there are already within the rules and bylaws. The requirement for residents to take all reasonable actions to not have smoke drift reach another lot or the common property. But if that persists, what are your options? I always say it's best to first address the issue with the alleged offender where you assess that it's appropriate.

For you to talk directly with the neighbor, take that opportunity. Don't just tell them “Stop smoking”or “I'm not enjoying the smoke drift that's reaching me.” Have them understand the situation as to how it is actually impacting your enjoyment of your unit or apartment. Having these types of discussions, you're actually able to take a hold of the situation so that they can better understand.

But I do understand that there are times where it's not appropriate to approach the residents about that ongoing issue. Where you decide to lodge a complaint with the strata community because you want them to do something about it, such as enforce the rule or by-law, it is absolutely important, in my view, that you accompany the complaint with a medical certificate to explain the reason why this should actually stop. By you addressing the complaint to the strata community, you are actually taking it in a level where you demonstrate that you're quite serious. And in my view, if there is a medical certificate or a thorough explanation as to how you are no longer enjoying enjoyment of your property, so that it is addressed to them and they understand why they should enforce the by-law or rule and require the resident to stop smoking and allowing smoking to the extent that it allows the smoke drift to reach your unit or apartment or even the common property. But remember where there is an opportunity for you directly talk to the person causing the smoke drift, take that opportunity. And when you’re told it's not appropriate, prepare supporting documents and information so that the strata community can make an informed decision as to whether they should enforce that particular by-law or rule.

Living in a strata community usually has to deal with limitation of parking spaces. Before you move into a strata community development, it's important that you understand parking spaces and the strata parking rules. This all depends on your personal preference and your personal circumstances. This also depends on how often you receive visitors.

Parking spaces would relate to your constant use of particular common parking spaces. This also could relate to your visitors' use of the parking spaces. And there are strata parking rules that usually govern these spaces. But the general one says that parking should not obstruct others' enjoyment of common property, meaning the parking spaces have to be used.

And this also means that if there's limitations in time when it comes to using visitor parking spaces, they should also be observed. What's important is you as a resident or you as a landlord, you both need to be aware about the strata parking rules. And also determine whether these types of parking spaces limitations fit your personal situation.

There are rights within Australia in respect of strata communities enforcing parking rules, but if in doubt if a parking rule is invalid, whether a parking rule is valid or invalid, it's important that you seek expert advice in that regard. Keep in mind when it comes to parking spaces to avoid conflict, understand the limitations and parking spaces and also understand the parking rules.

When it comes to water damages, the key thing that needs to be determined is where is the water coming from? It sounds like a simple question, but it becomes complex when you involve experts and they will explain to you that there are different ways to test where the water is coming from.

And it's not a simple test either. And it could be coming from multiple properties. It could be coming partly from common property or private property. There are also different ways that water leak is tested. They are the dye and water thermal tests. Also, there are methods of observing where the mold is coming from. These are just some of the many types of tests that could be carried out and the first thing they do is ask the question.

These tax reports are not straightforward, but that's actually the purpose of a report. Once that's been identified, if it's identified if it's from private property, the owner's rights is to make a claim against the owner of that private property. If the leak is coming from and or common property, an owner may have a claim against the owner's corporation, but it would not be sufficient where it is you, the layperson, would be identifying where the leak is coming from.

Even if you were an expert, it is in the best interest that you get a report that is independent from an expert who can identify and confirm in writing through a report where the leak or leaks are coming from. Next is what are the resultant damage that the water leak caused. It needs to be identified through a report what has been damaged within your property because of this water leak.

When it comes to pet ownership and living in Strata community, it's very different from living in a standalone dwelling. I say that because it's important for the pet owner to understand that there are certain things they should be considering when it comes to living in a Strata community. One of the main things to, consider in a living in a Strata community is that when they're using the common property, most especially, it is the owner's responsibility, the pet owner's responsibility to make sure that any loss or damage caused by their pets on the common property, which includes nuisance caused by their pets to other residents, it is their responsibility. There are certain body corporates or owners corporations or the Strata communities within Australia that are given the right by their respective state laws when it comes to creating rules that govern the behavior of owners and their pets. So what's important is where the owner has decided or the owner of the pet has decided to live in a Strata community, they should understand the rules that have been created by that particular Strata community when it comes to pets. Clean up after your pet when they're using the common property. Be conscious and be respective of other spaces so as to not receive allegations that your pet is causing nuisance. We love our pets, and it's important that we also protect them. And by protecting them, that is understanding the rules that the Strata community has when it comes to pet ownership.

There are 5 key steps that I wanna take you through to compel the builder to fix the defects and particularly to a common property. The first one is get the tool, the defects report. The defects report could be obtained from a building consultant. Guide the building consultant on what is already known to the Strata community and the defects and instruct them to prepare the defects report. The second tool that the Strata community should obtain is instruct a quantity surveyor to prepare the list and methods of how to fix defects and how much it would cost.

These two reports are key items that needs to be collected prior to demanding the builder to rectify the defects. The third one is get all the details of the builder so that the Strata community has taken all the necessary actions to make a demand and reach the builder. The 4th item is send that demand. The demand letter requires the builder to rectify the defects, give a due date of when the works will commence, and also attach all the defects reports and quantity surveyor reports that are obtained to support the allegation against the builder. And of course, the 5th step is if the builder does not act on it, follow through.

Follow through with the demand and issue, the necessary legal proceedings. Of course, this depends on the steps prior if there are steps prior to issuing legal proceedings against a builder, it's state by state depending on the state legislation, follow that through.

These methods are the key things compel the builder to rectify the defects.

Get ready to elevate your knowledge with StrataLife Podcast, the place where you should go to learn and get inspired on all matters strata. Welcome back to StrataLife Podcast by Rochelle Castro. Today's episode, I'd like to talk to you about how a strata community could manage residents' misbehavior. There are four key steps in dealing with residence misbehavior. Some of these misbehavior would include but not limited to, of course. Things being thrown around from the balcony that would put in danger others whilst using the common property. Too much noise from another apartment or unit. Mess being left on common property that could cause damage to common property. Blocking or obstructing the use of common property. Sometimes even spell emanating from someone's unit where it's not well kept. But there's a way, there are four steps that I'd like you to take note of in this episode. four steps that the strata community could do in respect of dealing with residents' misbehavior. Step one is review and determine the relevant rule or bylaw of the strata community in respect of a misbehavior. If one does not exist, the strata community should consider creating that special rule or bylaw. Once identified which rule or bylaw, second step is create, if one does not yet exist, a policy which is a step-by-step procedure on dealing with complaints about misbehavior of residents. The policy should be reviewed from time to time and should be determined on the different steps, step-by-step procedure that both the strata community and the manager who is actually taking action on behalf of the strata community when it comes to dealing with complaints about residents' misbehavior. Third step is within that policy, determine what steps to take. Is this issue relating to the resident misbehavior? Is it a phone call first that should be done? Or is it a courtesy letter? Or is it appropriate to issue a letter of demand? Or is it appropriate to issue a breach of noise? Depending on the gravity, the seriousness, and the repetition, if it's a recalcitrant offender who's been doing it. from time to time and it's causing significant impact on other residents. It's important to determine what steps to take. And sometimes it's better to pick up a phone call. Maybe it's not appropriate. Maybe it's appropriate to issue a breach notice. But definitely the third step is determine what steps to take in respect of alerting the offender about the complaint that's been addressed about the alleged misbehavior. And finally, number four, determine when to go legal or what to issue legal proceedings. It's appropriate for the strata community to determine when to get legal advice, expert advice, and gather all the evidences if it's the strata community who would take action in respect of enforcing the rules. So there are ways to deal with the misbehavior of residents. It's absolutely, absolutely important that both the strata manager and the strata community understand the steps that it ought to take in the event that complaints are raised about residents' misbehavior. If you like and enjoy and are being educated with these podcasts, please like, share this content and the podcast with your friends, your family and the Strata community and colleagues so that they could also enjoy and appreciate living in a Strata community. Until next time, my name is Rochelle Castro. See you here in StrataLive Podcast.

Thanks for watching!

Get ready to elevate your knowledge with Strata Life podcast, the place where you should go to learn and get inspired on all matters strata. Welcome to Strata Life by Rochelle Castro. And today I will be talking about what is the purpose of the Strata community's budget. The, there are three components to a Strata community budget, which is raised at the annual general meeting.

And it's important that you as lot owners attend the annual general meeting so that we could have a say on the budget that's going to be passed in the next 12 months or within the financial year period. So the three components of a strata community budget are the following you've got the administration budget.

You've got the maintenance or sometimes they call sinking fund. Others call it capital works fund budget, and you've got the special levy. So the administration budget is for the daily operations of the strata community. A big chunk of that is the strata insurance, where the premium that would provide for replacement or reinstatement of the building and also the public liability.

The other parts of the administration budget would include the strata manager's fees. It would also include any charges that would have to be paid for the government expenses for repair and maintenance that is, uh, It comes based on circumstances. So once off works, for example, it would also include components such as disbursements or expenses that would be part and parcel of the administration budget.

So that's one part of the strata community budget. The second one is it's got three different terms, depending on which state you are in. Other states call it maintenance fund. Others call it Sinking Fund, the others call it Capital Works Fund. So usually these are for long term maintenance plans. An example of it would be lift replacement works where it's a, uh, requires a large budget and it would take years for the strata community to save money up and to spend for that particular plan.

So really the maintenance a sinking or capital works fund is acting like a bank account or savings account, whether it's part of that bank account. When I mean that, don't misunderstand me. It, it means that it is put as a separate funding that would be spent based on what is planned for long term repair and maintenance.

The third one is a once off levy, which is a special levy, and these are for special projects. It doesn't necessarily have to be relating to repair and maintenance. It could also be for experts expenses. So when there are incidences such as unfortunate building defects or where there is an ex, a special project such as upgrading the common property and, uh, it needs to be raised as, as soon as possible as a once off levy, that would be called a special levy.

Remember what I said, it's important that you attend the annual general meeting to determine and have a voice. In the budget that's raised for the financial year and also the special general meetings that are held. This is the time when those types of meetings are when the special levies are also usually determined.

If you enjoy these sessions, please like, share with family members and friends so that they could also learn and enjoy living in a Strata community. My name is Rochelle Castro here in Strata Life Podcast. See you next time.

Get ready to elevate your knowledge with Strata Life Podcast, a place where you should go to learn and get inspired on all matters Strata. Welcome back to Strata Life Podcast by Rochelle Castro. In this episode, I would like to discuss with you what to do if your apartment or unit is found to have building defects. There are three key steps that you could do to prepare in compelling the person who is liable to fix the defects. Number one is get an expert report. The expert report could be prepared by a building consultant. It's important that you give instructions to the building consultant to include in the expert report their findings on who is liable or what is causing the defects on the property and the damages to the property. The second step is to get an expert if it's the building consultant or quantity surveyor who could identify the quantum or how much it will cost to fix the defects and also identify in that second report what are the steps to fix the defects. These two key expert reports are the tools, the key tools that will allow you to pursue the person at fault in respect of the defects and the damages that resulted from those defects. And finally, number three, once you have those two tools, you can actually make a demand through yourself or if you prefer a construction and Strata lawyer to pursue and compel the person who is at fault to fix the defects and also the damages that has been caused to your property. Three key steps, crucial in with the two tools before you attack. It's really how I look at it because you need to be able to prove that the person you are making allegations is actually at fault and that experts have said that they are at fault. So those are the steps on what you should do if you find your apartment or unit defective. If you like the contents of the Strata Life podcast, please like, share with your friends so that you could spread the education so that you can better enjoy living in your Strata community. My name is Rochelle Castro. See you next time here in Strata Life.