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LET'S TALK ABOUT COMMITTEES
Michael Teys, an Australian strata and community
association lawyer and CEO of Block Strata, has recently
written a blog post about what it takes to be on a
committee.
Teys says of committees, “I think the lack of good and
talented people willing to serve on an owners corporation
is the biggest threat to the whole strata system
becoming unworkable. If government wants owners to
be self-determinant, then owners corporations and their
managers, need to start thinking about ways to make the
experience both pleasant and productive for it’s seldom
either at the moment.”
The make up of a committee is integral to a group’s
success in navigating issues. Teys outlines that
committee members should be able to participate in a
debate in a calm and patient manner. Members should
be sensitive to each other’s need and have the ability
to listen to fellow members. Most of all, committee
members and their actions should be well thought out
and reasonable.
Gordon Russell
Managing Director
UnitCare Services
mail@unitcare.com.au
viewpoint
The following article appeared on Michael
Teys Block Strata Sydney website. It refers to the death of Cricketer
Phil Hughes ....
SACAT is the South Australian Civil and Administrative
Tribunal. The Tribunal will open in March 2015 to hear
matters previously heard by the Guardianship Board, the
Residential Tenancies Tribunal and the Housing Appeal
Panel. Mr Greg Parker is the inaugural President of
SACAT.
You can apply to SACAT by lodging an application
either online, over the phone or at a public kiosk in
the Adelaide CBD. SACAT will provide alternative
dispute resolution like mediation as well as traditional
hearings. The Tribunal aims to resolve issues in an
informal manner where the situation warrants.
We are advised that hearings for strata & community
title matters will commence in late 2015.
The newly established Tribunal promises to be easily
In paying tribute to Phil Hughes in the way so many have by putting
out his bat, my friend Jimmy also made a powerful statement
on Facebook about living in apartments; ‘Waiting for the body
corporate to say something about leaving my gear in the hallway.
F@#k them!’
I know nothing about the building in which Jimmy lives but his
derisive comment goes to the heart of the way some bodies
corporate take matters too seriously and interfere unnecessarily
in people’s lives.
When enforcing a by-law about no pets, is it
really necessary to insist on getting rid of the
goldfish?
When considering the application for a seamless
glass enclosure of a balcony, is it really necessary
to insist on framed glass because seamless glass
wasn’t available when other enclosures were
made?
When a young family live on the third floor of a
three-story walk-up, does it really matter if they sometimes leave
their pram in the foyer?
Accidents like the one that took Phil Hughes’ life far too early,
affect people in the wider community in many different ways.
Maybe those of us engaged in bodies corporate might reflect on
the tenuous grip we all have on life and worry less about the things
that really don’t matter o
Cheers
CHRISTMAS
ARRANGEMENTS
Gordon Russell
ps: Do you have any friends who need to read our newsletter?
Ring and we will post one out or they can download it from our
website o
Our best wishes for Christmas & the New
Year, to you and those close to you.
This Christmas we are closing our office from 5pm Wednesday
December 17th and opening on Tuesday January 6th from 9am.
For accounts due Jan 1st or before, you have until Jan 10th to
pay before penalties apply.
If you have an emergency over the break and you need
assistance just ring 8333-5200 for up to date details on
contractors and emergency services.
Unitcare 4
edition no 2
SACAT IS LAUNCHING IN MARCH 2015
The decisions reached by a committee influences how
residents are able to utilise their homes. And as Teys
highlights in his blog, “It’s a tricky business telling people
how they should live and it takes a special talent to do it
well” o
blockstrata.com.au
summer 2014/15
DOES IT REALLY MATTER
The introduction of SACAT will assist unit owners
seeking adjudication of disputes. SACAT will
replace the Magistrates Court in the arbitration of
disputes for Strata and Community Corporations,
simplifying the process
for unit owners.
The Government has
established SACAT to
provide a forum where
its participants can find
resolutions in a fair,
simple and quick manner.
SACAT aims to improve
access to justice across
all jurisdictions in SA.
The Tribunal Members
hail from diverse areas
of practice. Members are lawyers, psychiatrists, social
workers, nurses, accredited mediators and people from
the public sector. SACAT is aiming to increase their
Tribunal Members to those who have experience with
people with diverse needs such as those living with
mental illness.
SACAT will deal with disputes and review decisions that
could be classified as community based, housing and
civil as well as administrative and disciplinary. Notably,
SACAT will decide on landlord and tenant residential
matters, which includes residential parks and retirement
village disputes. Land valuation matters will also be dealt
with.
ac
ible to
t the
th South Australian
Aust li public.
ubli IIn
accessible
lilieu of this, they have developed an easy to
us
use website, offer hospital-based hearings for
me
mental health matters, disabled access at their
pr
premises, use of interpreters, provide regional
he
hearings, regular circuits to the APY Lands
an
and a proactive approach to assisting Tribunal
pa
participants.
Attorney General John Rau said in 2013 that, “The
SACAT will provide a ‘one stop shop’ for the community
on a broad range of civil and administrative matters.”
The Attorney General said that “This is a significant
leap forward for South Australia,” with SACAT being
said to take pressure off the court system.
The launch of SACAT will bring South Australia into
the league of other Australian jurisdictions such as
the Commonwealth, Victoria, NSW, WA, ACT and
Queensland which have already implemented “super
tribunals.”
Visit the SACAT website for more information about
the introduction of SACAT. A full Tribunal website will
be launched in March 2015, when SACAT opens o
emergency numbers
Plumbing , Gas, Roof Leaks
8356 2750
Electrical
1300 130 229
Breakins & Glazing
0411 848 398
Published by UnitCare Services. P.O. Box 4040, Norwood South 5067 52 Fullarton Road, Norwood.
t (08) 8333 5200 f (08) 8333 5210 w www.unitcare.com.au e mail@unitcare.com.au
Police to attend - noise/robbery etc.
131 444
State Emergency Service storm/flood
132 500
abn 193 4872 3265 This is a publication of UnitCare Services and is offered as information only and is
not intended as a substitute for professional advice.
after hours emergencies - phone 8333 5200 for up to date information.
Unitcare
Unitca
care
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unit/update
www.unitcare.com.au
summer 2014/15
INTRODUCTION TO SCI INSURANCE
There is a new and substantial player on the body corporate
insurance field. Strata Community Insurance has historic origins,
with its founders not only creating the first ever Strata Insurance
product in Australia in 1978, but also going on to do the same in
some of the world’s most challenging insurance markets – the
United States of America, the United Kingdom and the Middle East.
Since then it’s fair to say that most coverage innovations that you
enjoy today were designed and introduced by our founders.
The owners of SCI stated ...
Strata and Community Title Insurance is a diverse, complex and
LEADERSHIP SERIES: MARIE SMITH
specialised area of insurance, while the financial risks associated
with getting the ‘right’ cover can be significant. With 100% of our
resources dedicated specifically to Strata Community, we strive
to continually adapt our products in line with emerging exposures,
new laws and regulations, and developments that affect
your strata or community title investments – ensuring that
you are never left behind. That’s why we have chosen to
partner with one of the largest insurance groups in the
world – the Allianz Group – to bring you confidence that
we can always meet our obligations to you.
Importantly, we are both proud and fortunate to have
some of Australia’s leading strata insurance practitioners
available for you to access in branches in all major states
of Australia. Collectively we have been involved in insuring
hundreds of thousands of schemes, and have managed
millions of claims – we have literally seen it all. You cannot
short change true expertise, and we are sure you will find
that Strata Community Insurance will use the strength of its
experience to help you.
The local State manager, Kent Farminer and his staff have
decades of experience in body corporate insurance here in
South Australia.
At UnitCare we are now in a position to offer insurance quotes for
our clients with confidence and without hesitation.
SCI is backed by Allianz, one of the world's biggest insurers.
Australian Strata Insurance premiums are estimated at $1 billion per
year o
OFFICE BEARERS INSURANCE - A MUST
The following is an extract from an article that appeared in the
Summer edition of Strata Life published by Strata Community
Australia (Victoria)...
Who can make a claim against the Owners Corporation committee?
Anyone that has suffered a loss arising from a wrongful act committed
by you or one of your committee members.
If you are currently fulfilling Office Bearers duties or are looking at
doing so in the future, then these frequently asked questions should
provide key insights into the necessity of taking up this “optional”
cover.
What if the committee has acted in good faith or feel they have done
nothing wrong? Regardless of whether the committee is at fault or
not, legal defence costs may be incurred. These costs generally form
part of an Office Bearers Insurance claim. Limits apply, please refer
to your policy schedule/wording.
What is Office Bearers Insurance? Office Bearers Insurance is an
important cover designed to provide protection to the Owners
Corporation committee members against losses arising from alleged
wrongful acts committed in the course of carrying out their duties
as a committee.
In what is becoming an increasingly litigious society, Owners
Corporation committees should always have the appropriate cover
for this type of potential exposure.
Should the Owners Corporation take out Office Bearers Insurance?
Yes. Although this cover is not currently compulsory.
Is your Strata Manager, covered by this policy? The Strata Manager
will only be covered by this policy if it is explicitly specified in the
policy wording, and if they are acting in the capacity of an Office
Bearer.
If the Owners Corporation takes out Office Bearers Insurance, what is
the committee covered for? The Office Bearers policy section offers
financial protection against any allegations of wrongful acts, errors
or omissions that may occur while fulfilling Office Bearers duties.
For example, special benefits include payment of defence costs to
cover solicitors’ fees and other charges and expenses within the
limit of the sum insured.
How much cover does the Owners Corporation committee require?
It is part of your committee’s role to decide the appropriate amount
of cover.
Unitcare 2
unit/update
www.unitcare.com.au
summer 2014/15
Seeing the exemplary leadership of our Body Corporate Officers, we’ve decided to conduct interviews to explore their differing
perspectives on leadership. In our series, we discuss difficult management decisions, personal challenges and what it takes to be
an Officer. We will be publishing the results in our newsletters and on the UnitCare blog. If you’re interested in being interviewed,
please contact us at mail@unitcare.com.au.
Chessington Mews in Teringie is aptly named, with its the well Yet Marie is quick to speak of the successes at Chessington Mews,
groomed gardens and architecture inspired by Coventry England. with the group having well maintained grounds. “It’s a quiet area
It was built in 1989 on the site of a former brick kiln. The property but we are sometimes visited by wildlife,” says Marie with the
boasts 14 units, 8 of which are town houses. Marie Smith has group seeing their fair share of koalas, lizards, birds and even an
been a Presiding Officer there for 10 years.
echidna.
She spoke to UnitCare about what leadership
Ma
Marie
takes
means to her.
he role at
her
Ch
Chessington
M e w s
se
seriously,
it’s
a “responsible
jo
job”
she
sa
says.
“Not
al residents
all
ar
are
owners
yo need to
you
ke
keep
an eye
on
things
in
general.
Bu
But
we’re
As the Presiding Officer, she leads six owners
on the committee, including herself. She is
assisted by a
treasurer and
secretary. “If
we have any
concerns,
we can have
committee
meetings
to
give authority
” sh
id
for things to be done,”
she said.
Sunglo Court has implemented PrimeCare, meaning they have
passed responsibility for tasks such as maintaining common
property to UnitCare. “However, for a period we chose to manage
our own affairs and during that time we had a lot of problems to
engage a painter because it’s a big complex here.” UnitCare’s
presence at Chessington Mews has taken “a lot of the weight
from our shoulders,” said Marie.
OFFICE BEARERS INSURANCE - CONTINUED
Does Office Bearers Liability Insurance carry an excess? In most
cases, yes. You should refer to the relevant policy schedule/
wording.
fortunate. On the whole, tenants are good.”
Her advice for fellow officers? “It’s all experience. You just have
to deal with the situation as it arises.” And if trouble comes along,
she reflects, “Unitcare is there to give us some guidance.” As for
the future of Chessington Mews, Marie is happy with how things
are. She plans to continue, “to maintain the property at the highest
possible level" o
ALISON JOINS OUR TEAM
We have a new member of
staff.
The Owners Corporation committee receive a letter of demand,
what should we do? Firstly it is important for the committee to
understand that not all letters of demand will come formally from a
solicitor, they may come directly from a third party in the form of a
letter, an email or even a conversation. As soon as the committee
is made aware of any potential claim, it is imperative to promptly
notify your insurer broker.
What if the amount being claimed is under the insurance policy
excess? Regardless of claimed amount, the policy is triggered
by notification. Therefore, timely notification is critical. An excess
will not be applied unless a claim is paid. When it comes to Office
Bearers Liability
Likewise, if the Strata Manager is advised by a committee of a
potential claim, they must advise the insurance broker as soon as
possible to be advised of the next steps.
4 Do ask us to help explain to the committee members
the risks associated with omitting to include Office Bearers
Insurance.
Why is timely notification critical when a potential claim is known?
Office Bearers Insurance covers, are issued on a “claims made”
basis. This essentially means that the policy only provides cover in
the event that a claim is made against the committee during the
policy period of insurance and then notified to the relevant insurer
during that same policy year. Failure to do so is likely to result in the
insurer not accepting the claim.
4 Do check your policy cover and excess
She has an extensive
background in insurance
claims, assessing and
underwriting. Her last position
was g roup insurance officer
for Scott Transport.
4 Do contact your broker as soon as you are aware there may
be a potential claim.
Alison has had various roles
with SGIC for 22 years.
This policy also indemnifies potential future claims arising from a
circumstance that you become aware of during the period of cover,
provided that the circumstance is notified to the relevant insurer
during the same period of cover.
Can the Owners Corporation committee engage their own lawyer?
Most insurance policies will only cover legal defence costs if they
have been pre-approved. We advise committees to speak with their
insurance broker before engaging the services of a lawyer.
Checklist;
4 Do seek insurer’s approval before incurring any legal costs.
7 Don’t wait until you receive a solicitor’s letter before you
contact your broker. Early notification is critical.
7 Don’t assume you can resolve the situation on your own.
7 Don’t ignore the situation and hope it goes away.
Alison joined us in May this
year.
She enjoys travel and time with
family and friends along with
her three dogs.
Welcome to UnitCare 
7 Don’t hesitate to contact your broker to ask ANY insurance
question.
This publication is for general information purposes only o
Unitcare 3