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Our small complex of 7 villas has engaged a strata manager, using the “standard” Strata Community Association agreement with a base fee and then several following pages of schedules containing the “add ons”.
The agreement provides the Work Health and Safety Act 2011 will be complied with by both parties.
The definition of “non-standard work” is that work which is not standard work! The definition of “standard work “ is lacking in the precision I would like to see. How would the prosaic task of gutter cleaning be classified?
Gutter cleaning is within the definition of “construction work” in the Work Health and Safety legislation. The strata agreement defines construction work with no requirement to work above 3 metres as standard work. General maintenance works, including window cleaning below 3 metres is also standard work. The strata agreement includes the proviso that “if there is any inconsistency between Standard Work and Non-Standard Work, the work will be interpreted as Non-Standard Work”.
As the gutter cleaning requires work above 3 metres to be carried out, is it safe to interpret this as non-standard work, with all the consequences under the strata agreement for additional charges by the strata manager and necessity for instruction by the owners corporation to organise the work?
Or is there some custom or practice in the strata management industry to which everyone refers?
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I think there’s a general principle that strata managers don’t clean gutters. Are you confusing your strata manager with a building facilities manager?
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Residential stratas are specifically exempted from WHS Acts around Australia unless they directly employ someone (that means payroll tax, superannuation etc). Most stratas use contractors and so have the same WHS exemption status as private house owners.
What it means is that when work is done on site by contractors it’s the contractor (or their employer, if there is one) that must ensure that by all WHS requirements are met. That might mean that certain qualifications are required and that certain equipment needs to be used etc.
Standard and non-standard work within the ambit of the strata management agreement is whatever you want it to be. You can include a schedule of what constitutes standard work, it has nothing to do with the construction industry of the WHS legislation.
The issue here is that the strata manager is issuing work orders at the behest of one owner. I am not completely familiar with community associations but I assume the same principle applies in relation to work orders, i.e. that one person is not authorised to instruct the strata manager to issue work orders, or to engage contractors etc. If you don’t want that to happen tell the manager that he should not act on the instructions of that owner.
An OC is required to maintain and repair property.
Some strata managers take it upon themselves to issue a work order if it falls under the rapid and maintenance definition, assuming that the OC will agree.
Some strata mangers refer a request for repair and maintenance to a committee member for information. The committee member just approves the strata managers action.
Are you a committee member and have knowledge of any and all discussions?
Is the committee active or have they delegated everything to the SM?
It would have helped a great deal if you had outlined in your initial post that your real concern is that the strata manager is a) taking instruction from one owners and b) refusing to let committee members see the paperwork relating to the work done for said owner.
I would put a motion to your next committee meeting that you send a letter to the strata manager asking why their contract should not be terminated for breach of their basic duties.
Actually, I would just sack the strata manager, sign up with Stratabox and manage the scheme ourselves.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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