What is Strata insurance’s role in dealing with resultant water damage claims? One of the things that I want to point out is that it's absolutely, absolutely important that you first identify if there is an exclusion in your Strata insurance policy about water damage claims. Usually, there is an exclusion if the Strata insurer has identified that there is an ongoing and significant defects in the building where that's identified and there has been significant claims in the history of your development, there is a likelihood that the strata insurer dealing with the resultant water damage claims would be an exclusion, meaning no claim could be made that relates to resultant water damages. However, if such exclusion does not exist, there is an obligation for the strata insurer to deal with and accept a claim for resultant water damages. However, that is on the condition that the source of the water damage is first rectified permanently. And that could be done and that could be proven by the strata community and/or yourself once an expert report confirms in writing that the source of the water damage is now permanently fixed. That's when the strata insurance claim kicks in and it would be the strata insurance claim that would be dealing with and paying for the resultant water damage.

In this episode, I want to cover modifying common property, renovations and building issues. When it comes to altering or making alterations to common property, renovations and where there are building issues, the strata community needs to understand that everyone needs to be involved. To an extent where there's an executive committee or a committee.

Especially when there are significant amounts of money. Even though it's within your rights to raise those funds, it's important to not keep the rest of the owners in the dark when it comes to the works that's being carried out. Inform them of the benefits that the work is being carried out. Obviously, if it's required by the relevant authorities, inform them of that and continuously keep them informed. This also includes holding information nights.

Regular information nights, whether one or two or many turn up, keep issuing them and keep reminding them of that just because there's silence within the rest of the lot owners doesn't mean they're not reading. But if they do raise an issue, you could demonstrate as a committee or executive committee that you are actually holding this information sessions regularly even though not many of them show up.

Involving the rest of the owners, keeping them informed about modifying common property, renovations and building issues, so that they're aware of what's going on and everything that relates to the impact where they have to contribute financially and where it impacts their rights, they should be absolutely involved. And that's the reason why it's called Strata Community. I hope that this will give you and shed some light to you in how to manage dealing with works that impact common property. Particularly modifying it, renovating it, and also where there are building issues.

Today, I want to talk to you about the usual question as to why should I attend an annual general meeting? There are four key reasons why you as a member of the Strata community should attend annual general meetings. One, you need to be involved in the decision-making of the Strata community. That would impact the next 12 months and probably even more. By being involved, you realize that you will impact the direction of the strata community. So that's the first reason which is being involved in decision-making. Second decision. A second point is it gives you an opportunity to be heard. There is no point in expressing your views outside of the annual general meeting when you do not give yourself an opportunity to be heard by the other members of the strata community. Be heard but be heard at the right forum which is at the annual general meeting about your views, so that others can consider your views prior to voting on the motion. Third, you also need to understand what has happened in the past 12 months and where the current circumstances of the strata community are. That way, you could also make a better and informed decision on matters that are put forward. For a resolution by the strata community. And finally, four, it gives you an opportunity to nominate yourself or be nominated to be part of the committee who will make the day-to-day decisions on behalf of the Strato community for the next 12 or so months. You get a say on the daily operations. That is an opportunity for you, and that is done at the annual general meeting.

For this episode, I want to talk about smoke drift in apartment blocks. It's a rule within Australia that most closed or enclosed spaces would no longer permit smoking. This is now getting adopted within strata communities; allowing strata communities to create rules that surround it. In standard by-laws or rules within strata communities, there are now rules or by-laws that provide a general provision on smoke drift which says that an occupier must not permit smoke drift to reach someone else's lot. If you are one who is concerned that it would reach another block.

You should consider altering activities so that you don't get a breach notice. Also, check open spaces within your lot that expose or allow smoke to drift to reach common property or someone else's lot.

Smoking within your lot that would risk reaching someone else's lot is a risk. And so, the responsibility is on the person who is smoking to be sensitive of this. Don't wait for a breach notice to be issued to you. Don't wait for someone to complain. Be proactive already so as to avoid this.

Because I am telling you now, smoke drift within apartment blocks is actually within by-laws, standard by-laws, and rules of the strata community. It's really just being proactive to make sure you don't have this issue.

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.