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[Billen Ben]

I thought this particular topic could use its own heading rather than have comments scattered throughout other topics.

One thing i have noticed with the Strata Community Australia (SCA) training notes is that they are not consistent with some of the reasons i have in some Strata Community Schemes (SCS) matters (i.e. adjudications).

Do i believe the SCA training notes or what is in the CTTT reasons … not a hard choice.

I would also point out there is contradiction between the strata living guide and the SCA course notes…. again it is not hard to work out who is “misleading” in their information.

It seems some CTTT members and OFT staff could benefit from doing the course.

What i wait to see is how many EC members will do the course and actually change their ways because of it. Often entrenched elements are as difficult to change as they are to remove.

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[Mr Strata]

Billen Ben,
Being part of SCA NSW and particularly being involved in these matters, it would be good to have feed back on the EC training course.

A section of the Strata Living booklet has recently been brought to my attention and this is also on the OFT website. OFT have a who’s responsible section which seems a bit incorrect. Most noticeably they are stating that recessed (ignoring the spelling error) lights within a lot are common property and the OC’s responsibility. This would seem to create a major cost liability for a large number of strata schemes. How would an OC be be able to access all apartments to replace the light globes in these recessed lights, let alone what this exercise would cost??

Mr S

[Jimmy-T]

I have raised this with Fair Trading and got this initial response form my “insider' there:

This stems from the lot air space concept. You buy an “air space” with it's 6 boundaries – walls, bottom and top- and everything outside that is CP. So, re downlights, the technical answer depends on where the airspace ends. If the downlights have glass base, the airspace ends at their under surface, if they have no glass base adn are open to the bulb, then the lot runs up and around the bulb.

However, an OC can decide at meeting not to change bulbs, or, while tedious, they could pass special by-law making all owners responsbile for all ceiling lights within their unit Don't ask me about air conditioning. the open vents have air space runnning up into the ceiling space.

It's one of these issues where strict interpretation of the law bumps up against practical realities and more inquiries are being made.

However, any OC that is seriously concerned that they are going to spend all their time and half their sinking fund replacing blown bulbs in recessed downlights probably needs to get a by-law in place pronto.

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.

[Billen Ben]

Mr Strata said:

Billen Ben,
Being part of SCA NSW and particularly being involved in these matters, it would be good to have feed back on the EC training course.

……

Mr S

 

Mr S
As you are aware there is a great deal of information needed by owners just to meet with the requirements of the SSMA before an EC/OC even looks at the myriad of other legislation.

The EC training course offers a very good level of introductory information that is well presented in an easy to use format. The interactive website is an excellent delivery vehicle. For someone uninitiated with strata who wants to get to know what strata is all about and what is required if they do want to step up and be on an EC then the package is a well rounded introduction.

Given the average strata punter knows next to zip, the package is one of the best free resources I have seen. I have been to an OFT information night and what is in the SCA EC training modules is a much clearer and more informative package with a more user friendly delivery method.

The package is a little short on the special needs of a large strata but this is understandable given large strata owners are such a small percentage of the target audience. Perhaps a small additional module for large strata could be added in the future.

Speaking purely from the perspective of how such a training course would impact on my strata plan I would have to say the package is problematic. In a “free spirit” OC the idea of compliance to the requirements of the Act is as desirable as a fan heater on a hot summer day. If you get an OC with some people with knowledge challenging the free spirit ethos of “the majority” in a SP then conflict will follow.

It is true that ignorance is bliss for owners in an informally run SP. Although meeting the requirements of the Act is in an SP’s interest other vested interests may not take too kindly to such a concept as it may interfere with their ingrained ways – and people do not like change. In a nutshell; the training package has the potential to disrupt an informally, run SP that is happy with its non compliant ways.

I have done the 90779NSW course (the old strata management course; ~550 hours) and the SCA course is understandably short of the content in that course but I think the SCA course offers a level of knowledge that should be a base requirement for anyone who wants to be on an EC.

“The legislation has always envisaged that generally, strata schemes would be managed by ordinary lot owners for their own benefit.” 
J Bordon: Nulama Village P/L v Owners Strata Plan 61788 (Strata & Community Schemes) [2006] NSWCTTT 550 (25 September 2006)

“More commonly than otherwise, members of Owners Corporations are laypeople. They, just as the very few who would be lawyers, must provide proper management of a strata scheme.”
G Durie; Senior Member CTTT. Bushby v Owners Corporation SP 64939 (Strata & Community Schemes) [2009] NSWCTTT 70 (25 February 2009)

Untrained, uninformed “ordinary people”, “laypeople”, providing “proper management” seems a tall order given the complexities of all the legislations governing an SP.

The SCA course closes the gap between the two quotes..

[Author]

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