Category Archives: Strata

UDIA Netstrata awards for excellence

Netstrata were again the proud sponsors of the Urban Development Institute of Australia (UDIA) Awards for Excellence. Netstrata sponsored the Medium Density Award category which recognises medium density development with projects being mainly residential. The 2011 award went to Stockland’s Manta development at Little Bay, congratulations.

Over 600 people attended the awards evening which saw it’s largest number of nominees. From a strata management perspective it is fantastic to see so many quality strata developments being completed.

The judges made the following comments in relation to Stockland’s Manta:

The Manta orientation maximises views and cross ventilation and the north facing forecourt together with the related retail and commercial is planned to become the community centre of the Little Bay development. The price point/value for money, and the quality and design of the apartments was confirmed by the 100% sales within a month of the launch. The landscaped roof of the podium adds an attractive amenity for the residents.

Congratulations to all the other finalists including: A2 by FKP Properties, Botanica by Australand, Eko by Crown, Sedyr by Sunland and Parkside at Dunlop by Village Building Company.

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Admin girls complete certificate of registration

Some of Netstrata’s Administration Team have been studying hard to complete their Certificate of Registration. It is not compulsory for Administration  to complete this qualification but they decided to better their Knowledge so that they can competently assist Owners will smaller questions or enquiries and today they received their Certificates.

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Well Done Team.

Common law and common sense about trees

Overhanging or invasive trees are a common cause of dispute in strata communities and otherwise. There are steps and measure you can take to avoid these disputes escalating out of control.

Read this week’s training note and Many thanks to TEYS lawyers for this article here are some tips on how not to go too far!
Each state and territory by now has its own legislation about tree disputes and if a dispute goes far enough, then these laws should be referenced. This note looks at the common law and some common sense on the topic.

  1. Tall tree near buildingThere are trees to avoid planting and places to avoid planting them. A rubber plant
    will find pipes and drains on the other side of the city if that’s how far it has to go
    for a drink. A by-law about what can be planted and where, is a good use of the
    by-law making powers of an owners corporation.
  2. You don’t need council approval to plant a tree but you might need approval to
    bring one down. Check for tree preservation orders in your local council before
    having a working bee with chainsaws at the ready. (Also check your insurance
    before letting the secretary rip with anything sharper than a pen).
  3. Local councils are responsible for trees on pavements, grass verges and nature
    strips, so don’t waste owners corporation money on these matters, exercise your
    right to complain to the authorities to get this work done.
  4. Branches and roots from a neighbour’s tree can be pruned and the material
    returned to the tree owner’s property, but again be careful of preservation orders
    before taking to the intruder. Also, it might be an idea to talk to the neighbour first
    before cutting down half the magnolia and hurling the cuttings into their pool.
  5. The common law of nuisance applies to physical land or buildings but does not
    include the right to sunlight or an unobstructed view. In some places, including
    Sydney, there is legislation about hedges blocking views so look for this if the Opera House is fading to green.

Thank you TEYS Lawyers.

Netstrata welcome the Monarco Estate

Netstrata is pleased to welcome the owners of the Monarco Estate Westmead.

The Monarco Estate is one of Western Sydney’s largest developments comprising of a community association and 4 separate high rise strata schemes comprising over 400 lots. The Estate also has fantastic facilities such as full-time caretakers, tennis courts, swimming pool, gymnasium and a kiosk.

Business Development Manager Jeremy Stone said “the scheme has had a number of strata managers to date, and after a long and extensive tender process we are very excited to have been selected and we look forward to rolling our sleeves up and adding some value to the project through hands on management”.

The strata scheme will be managed by 2 of Netstrata’s senior managers Peter Sawell and Brad Wood both are fully Licensed strata managers.

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Dividing Fences

Part 1 in Solving Neighbourhood Problems

With the exception of noise, dividing fences are the source of most neighbourhood disputes. State legislation covers the rules for working out who pays for the dividing fence and also what happens if there are disputes about where the boundary lies. These laws apply to owners corporations and bodies corporate.

Basic Principle

The Dividing Fences Act 1991 (NSW) 1 provides that adjoining owners are required to share equally the cost of a “sufficient dividing fence”. If there is a dispute about the standard of fencing, one neighbour must give the other a fencing notice and disputes are heard in the local court. Mediation by a community justice centre is likely to be cheaper and less stressful.

What is a “sufficient dividing fence”?

Fence of strata schemeIn deciding what is a sufficient dividing fence, the court will take into account the following:

  • The standard of the existing fence;
  • The purpose of the fence;
  • The way the land on either side of the fence is used;
  • The privacy or other concerns of each neighbour; and
  • The kind of dividing fence that is usual in the area.

The basic principles of this act are reflected in other state based dividing fences legislation including the Dividing Fences Act 1953 (QLD), Fences Act 1968 (VIC), Common Boundaries Act 1981 (ACT) – the main difference is the issue of crown liability for dividing fences.

Who Pays?

The general rule provides for neighbours to equally share the cost. However, if one neighbour wants a fence of a greater standard than a “sufficient dividing fence”, then that neighbour will have to pay for the additional cost involved.

Boundary Disputes

If there is a dispute about the boundary line, then the act provides for this to be determined by a registered surveyor.

Encroachments

Encroachments (where buildings cross the boundary) are covered by the Encroachment of Buildings Act 1922. These are complicated cases, which can involve applications to the Supreme Court.

Avoiding Disputes

To avoid disputes about fences and boundaries, an owners corporation or body corporate needs to act reasonably and should take care to keep notes and written correspondence about the essential elements of the fencing proposition. Certainly a
neighbour who goes ahead and constructs a fence without first consulting and coming to an agreement with the other neighbour, might not be able to recover half of the costs. The community justice centres in New South Wales provide an excellent service in providing assistance to parties without the necessity of involving lawyers.

 

Thank you to Teys lawyers for this article

Affordable units keep outperforming houses

Over the past 12 months unit values have increased by 0.1% across the combined capital cities compared to a value fall of -2.0% for houses. In fact, unit values have increased at a rate faster than house values for most of the past five years as home buyers search for more affordable housing options.

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According to the RP Data-Rismark Home Value Index, unit values across the combined capital cities have increased at an average annual rate of 6.3% over the past five years compared to growth of 5.7% for houses. More recently, the 12 months to April 2011 have seen unit values increase by 0.1% while house values have fallen by -2.0%.

Thanks to RP Data for this Article.

Netstrata support the Cancer Council

Netstrata took part in Australia’s largest morning tea this morning raising money for the Cancer Council. There were a few red eyes this morning as some of the team stayed up late baking, fantastic effort by all. Australia’s Largest Morning tea is aiming to raise $11 million for cancer research & patient support. www.biggestmorningtea.com.au.

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Netstrata VS Masterchef

The Netstrata Social Club Committee (inspired by the Masterchef phenomena) arranged a cook-off dubbed “Cooking up a Storm” last Friday evening. The event involved the creation of 2 teams (red & blue) and the challenge was  to prepare and present a restaurant quality 3 course meal. The event was a great opportunity to get together for a team building event which included a few calories and create something from scratch.. The night was a huge success and thanks to all involved. Check out some of the photos below.

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Not only excellence in strata management but in Culinary Masterpieces…

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