Strata Life

By: Rochelle Castro of RC & CO LAWYERS
  • Summary

  • It's quite a journey for seasons one and two and now we're ready to take it to a higher level. And season three will be a more advisory approach on all matters that could help you enjoy the Strata life.

    Strata Life Australia 2021
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Episodes
  • Pet Ownership and Strata (S3: Episode 11)
    Nov 19 2024

    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.

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    3 mins
  • How a Strata Community Could Compel the Builder to Fix Defects (S3: Episode 10)
    Nov 14 2024

    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.

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    4 mins
  • How Strata Communities Manage Residents’ Misbehaviour (S3: Episode 9)
    Sep 23 2024

    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!

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    4 mins

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