Let's Talk Strata | Podcast
Let's Talk Strata
Phone: +61 7 3423 8815
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21.01.2022 Episode 7 Marc Mercier and Jason Carlson - 5 March 19 "Strata developers, caretakers and owners managing the people and avoiding the pitfalls"... A thought-provoking walk through Strata development issues and related Strata legislation with Jason Carlson, Director at Grace Lawyers In the 7th episode of the Let’s Talk Strata Podcast, Jason Carlson talks about bodies corporates from inception to the early years. Jason examines the long-lasting impact that developers have on the future of a scheme, particularly on lot owners that inherit the scheme after the original owner control period ends. The discussion turns to the strong need to assess the fairness and reasonableness of long-term agreements such as the Caretaking/Letting Agreement, Body Corporate Management Agreement and acknowledgement that those appointment s reflect key decisions that impact on the future financial and property management of the scheme. Jason delves into the responsibilities and obligations that the Body Corporate Legislation imposes on developers, delivering salient tips and practical advice to lot owners on the following matters: Buying off the plan and accessing important information relating to the scheme; Evaluating the financial position of a new development before purchasing (including assessing 1st year contributions, and assessing more global long term costs relating to the purchase of the lot); Dealing with developers and keeping abreast of important matters relating to the body corporate (such as defects) once a lot is purchased; Caretaking agreements and challenging the reasonableness of its terms, including those relating to remuneration; Managing building defects with a proactive approach, and within statutory limitation periods; Utilising experts to conduct assessments prior to, and following, the purchase of a lot to mitigate issues down the track; Managing strata disputes and relationships to achieve a harmonious community. In concluding that Strata litigation is an emotional business, Jason outlines the benefits and importance of third p experts such as a mediator or lawyer to assist in resolving disputes and walking the path to compromise. Jason Carlson contact details: E: [email protected] P: 07 3102 4120
17.01.2022 Episode 9 Marc Mercier and Deryck Walker - 2 April 19 "BCMs, the need for licencing and the role of education in enhancing the profession"... An insightful view on Body Corporate Management, its intricacies and future growth opportunities with Deryck Walker, RMIT In the 9th episode of the Let’s Talk Strata Podcast, Deryck Walker draws on his extensive experience in Body Corporate Management, consultancy and education in the strata space. Deryck discusses the scope of the RMIT Certificate VI in Strata Community Management that he coordinates and how it offers a clear pathway into a career in Body Corporate Management. Deryck remarks: with the exception of NSW, ACT and Northern Territory, with there being no licencing requirements, there is not a minimum bar for entry on who a manager can be, what they know and what they do and this is why the licensing piece is so vital if you know what you are doing, you can go into the Cert VI an experienced manager should be able to fly through it it creates accountability" For Body Corporate Managers, Deryck sheds light on critical matters such as: The difference between the giving of legislative information vs legal advice The need to refer matters to suitable professionals to navigate the multitude of issues that come across a BCM’s desk; Honing BCM service delivery models such as the segregation of duties and the need to be a conduit to other specialised professionals; The need for formal accreditation and a licensing regime in Queensland to ensure the further growth of the profession and a firm pathway into the profession. Deryck talks about the seismic changes in Body Corporate Management in recent years and how information and education have begun to formalise a professional career, however, discrepancies, from a national level, pose challenges to creating consistency, uniformity in terminology, and promoting national standards and the delivery of strata services. Remarks are made on the diversity of stakeholders in Queensland and the changing service proposition for consumers, including the homogenising and specialising of providers to meet the ever-growing scope of the BCM’s role. Deryck also reflects on the burdens on BCMs in meeting client expectations and delivering high levels of service against sustainability concerning BCM staffing, financial viability and appropriate charging for that service. Deryck’s contact details: Email: [email protected] Phone: 03 9925 3098
17.01.2022 We always learn a lot from the Body Corporate Commissioner for Queensland, Chris Irons at Let's Talk Strata. He brings his wealth of knowledge, combines it with his relaxed and friendly character and indulges us with an hour-packed of tips and valuable information. We enjoy chatting with Chris and invite to take benefit of his recent interview. In the 13th Episode of Let’s Talk Strata, the second interview with Chris, he comes back again to further elaborate on common disputes that occur on a daily basis in a Community Titles Scheme.
17.01.2022 A big shout-out to our wonderful sound engineer, Vahid Fazel. Vahid is passionate about videography and commercial studio work and provides sound editing to create the optimal environment for Marc and his guest speakers to bring you enjoyable and informative listening experience. Once recorded, the interview is commercially produced by Vahid to enhance the listener's experience.... Vahid is an integral part of the Let's Talk Strata podcast team. Vahid Fazel
14.01.2022 Episode 8 Marc Mercier and Trevor Rawnsley - 19 February 19 "Caretakers, challenges, and Role of ARAMA"... An informative walk-through the concept of management rights and the Caretaker Manager in Queensland with Trevor Rawnsley, CEO of ARAMA (Australian Resident Accommodation Managers Association) In the 8th episode of the Let’s Talk Strata Podcast, Trevor Rawnsley explains the concept of management rights in Queensland and how ARAMA supports this stakeholder group in the strata industry. Trevor discusses the unique role that ARAMA plays in Queensland and overviews the demographic of its members. In identifying the crucial role that Caretaking Managers play in strata, and acknowledging the significant challenges in meeting client expectations, Trevor advocates that the role is rewarding and provides for a unique lifestyle. Trevor also addresses the following matters relating to management rights: The differing conflicts between investor owners or owner occupiers Short-term letting and its obstacles The real roles of the Caretaking Managers The importance of the cooperation between the triangle of Body Corporate Manager, Caretaking Manager and the committee That people should put personality differences aside and collaborate towards the best interests of the Body Corporate How ARAMA looks at the industry with a global view as opposed to merely looking itself, as a peak body, in isolation. In doing so, it advocates for collaboration with stakeholders towards reaching common goals. Trevor Rawnsley contact details: E:[email protected] P: 0417 197 687 ARAMA Website: www.arama.com.au
14.01.2022 Episode 11 Marc Mercier and Coralie Mott - 30 April 19 "Body Corporate Managers the critical cog in the strata machine"... An experienced BCM’s view on strata management best practice, and achieving client satisfaction in an ever-expanding role with Coralie Mott, Director of CTS management In the 11th episode of the Let’s Talk Strata Podcast, Coralie sheds light on the practicalities and challenges in delivering outcomes and exceeding client expectations. Coralie overviews the evolution of strata management and highlights the critical role that Body Corporate Managers, or BCMs, play in ensuring Bodies Corporate operate within the ambit of the legislation. Particularly, Coralie and Marc discuss the following: Communication as key to managing expectations of contractors and sub-contractors and committees; Enhancing the delivery of strata management through technology, including the more effective conduct of meeting procedures; The emergence of electronic voting and how this will enhance transparency, speed of delivery and access to clients; Complexities found in the more modern layered schemes and managing the enlarged responsibilities and obligations; The expansion of the BCM’s role and the emergence of the concept of the BCM as information facilitator; Managing the tension between delivery of legislative information to clients and the referral to lawyer for necessary legal advice; The pathway to a career in strata management - education, ongoing professional development and practice, and developing of professional networks + tips to new entrants to the industry; Future directions of strata management and the need for industry stakeholder collaboration and self-regulation or licencing of strata professionals; Exploration of on-the-ground BCM issues, such as: Managing BCM disputes; BCM termination of its agreement in certain circumstances; Tips on enhancing strata financial management; Acquisition of BCM skill sets. Coralie’s contact details: Tel: (07) 3367 3559 Email: [email protected] Website: www.ctsm.com.au
12.01.2022 Episode 1 Marc Mercier and Chris Irons - 27 November 2018 "The Body Corporate Commissioner's office 101"... A relaxed discussion with the Body Corporate Commissioner, Chris Irons The Body Corporate Commissioner’s office plays a vital role in the Strata industry in Queensland. The Commissioner has a diverse role in dealing with an incredibly diverse group of people as stakeholders with strongly-held opinions and competing priorities. The Commissioner’s office provides information and finds ways through the complexity of the jurisdiction to provide everyday Queenslanders with relevant and simplified information. In this episode, Chris Irons, the Body Corporate Commissioner, outlines the dispute resolution avenues and how his office provides means for resolving matters that have not been resolved via the primary steps of dispute resolution. There are currently more than half a million lots and 50,000 bodies corporates in Queensland and growing. The Commissioner’s office provides information (not legal advice) and Chris explains some of the challenges that his office grapples with. Chris outlines the primary method that his office uses for pushing information out to people is Common Ground, a newsletter that goes out on a fairly regular basis and serves two purposes: an informative regular bulletin to advertise webinars, seminars or events Subscribe here to Common Ground: https://www.qld.gov.au/bodycorporate Contact the Commissioner’s office: Phone: 1800 060 119 Website: https://www.qld.gov.au/bodycorporate
09.01.2022 Episode 6 Marc Mdercier and Ross Anderson - 19 February 19 "UOAQ, its stakeholders and how they work together for better strata communities"... A practical discussion with Ross Anderson, the Vice President of the Unit Owners Association of Queensland (UOAQ) In the 6th episode of the Let’s Talk Strata Podcast, Ross Anderson talks about the role of the committee and how committees can be enhanced by drawing upon the existing skill sets of the body of lot owners within the Community Titles Scheme. Ross talks about the benefits of reaching out to the UOAQ and how this organisation assists lot owners through the dissemination of valuable information on the rules that govern bodies corporates in Queensland both technical and practical. On the role of the committee, and the UOAQ disseminating information to those stakeholders, Ross remarks: The way in which we pass this message out is if this is what you would do in your normal life, why not do it in the committee life. If it makes sense with your own money, why wouldn’t it make sense when you’re managing other people’s money? ... we really encourage them [committee members] to tap into either paid externals (professionals) or into the people in their own community. If you have a structural engineer living there, talk to him about engineering problems, if you have an accountant, talk to him about the accountancy aspects there’s a lot of talent in these complexes and it’s not exclusive to the committee, so committees just need to be more inclusive and more participative and actually invite more people into the meetings and find out what they can do to help, and the really good complexes that I work with do that as a matter of course Ross finally addresses the need for strata organisations and peak bodies to work together and also for schemes to embrace technology. Ross further advocates for the enhancement of Body Corporate Managers and associated administrative staff training for the benefit of all lot owners. UOAQ Website: https://uoaq.org.au/
08.01.2022 We are so excited about preparing the new Let's Talk Strata episode for next week. Chris Irons, the Body Corporate Commissioner returned for the second time to indulge us with useful discussions around By-laws, Body Corporate Disputes plus more detailed and in-depth insights about some day-to-day matters that are affecting every Queenslander living in a Strata Community. Don’t miss our Episode 13.... Tune in at https://www.letstalkstrata.com.au/
07.01.2022 Episode 10 Marc Mercier and Daniel Wignal - 16 April 19 "Body Corporate debt recovery - Procedures, tips and steps to successful action"... An instructive look at debt recovery from the Body Corporate and lawyer’s perspective, and how to manage such processes with Daniel Wignall, Principal Lawyer at Macpherson Kelley Daniel discusses the difficulties and challenges in a Body Corporate recovering outstanding debts, amidst the Body Corporate’s obligation and limitation periods for such recoveries. Daniel provides recommendations on the committee action in initiating a ‘prescribed proceeding for debt recovery, including the best practice in formulating the necessary committee approval (VOC). Daniel advocates for specific and detailed committee motions in approving debt recovery processes, stating: I think it’s important to keep it specific because it all depends on the amount of the claim and to keep lawyers in check and always reporting back to their clients. I think, if it gets to a point where it’s not commercial, committees need to understand that and need to be told that so causing the lawyer to go back to the committee all the time on big decisions of cost is important, and therefore the VOC should be quite specific on what those instructions are. Daniel delves into best practices and intricacies of the following: The effect that the quantum of the debt has on the optimum method to pursue debt recovery; The process of debt recovery explained; Why lot owners do not pay levies and why it is imperative that a Body Corporate recover such debts; The benefits of lawyers billing debt recovery actions on the basis of a scale of costs, particularly when arguing the reasonableness of recovering such incurred costs; The importance of levies on how not paying levies impacts the Body Corporate; The need for reasonableness of payment plans from lot owners; Self-represented parties and the implications of dealing with such debtors; Debt recovery enforcement options against individuals and corporate entities; Financiers and debt recovery; The importance of proper communication between the Body Corporate/Lawyer and the lot owner debtor; The role of the Body Corporate Manager in debt recovery, associated due diligence action and best practices to be undertaken; The conveyancer’s role in debt recovery; and Future directions in Body Corporate debt recovery including cost implications in nuisance applications. Daniel’s contact details: Daniel Wignall Principal Lawyer - Litigation and Dispute Resolution, QLD MK Lawyers P: +61 7 3235 0460 E: [email protected] Profile: https://mk.com.au/our-people/daniel-wignall/
06.01.2022 Episode 5 Marc Mercier and James Nickless - 5 February 19 "The Strata industry now, and a vision for the future"... A visionary view on the Strata industry with James Nickless, Vice President of Strata Community Australia Qld (SCA) In the 5th episode of the Let’s Talk Strata Podcast, James Nickless discusses the present and future needs of the Strata industry, elaborating on: the need for more defined carrier pathways into the Strata industry; expansion of Strata education to practitioners and all stakeholders; technology and other innovations; possible directions in the termination of the schemes; James also discusses the role of Strata managers and how this key stakeholder is set to evolve in the future. He discusses ways that managers can improve their skills to become a value-driven service provider, stating: .. look outside the industry .. if I was a Strata manager, I’d be looking at who is the leadership pinup who is the efficiency guru find some heroes Is Disney the best customer service company in the world? and if they are, how do we make our Strata company the Disney of Strata. James finally talks about the things Queensland can learn from other States in honing its impending law reforms. More about James: http://www.stratamax.com//James-Nickless-joins-the-MaxSoft
06.01.2022 Let's Talk Strata will bring you a wealth of knowledge and information and will shed light on the dark areas of Strata rules and obligations, as well as practical issues that many Queenslanders strive to know more about. Subscribe to Let's Talk Strata Newsletter via this form and stay tuned.
05.01.2022 Episode 4: Marc Mercier and Frank Higginson - 21 January 18 "A fervent discussion on navigating through the inherent challenges of Strata" Practical insights into Strata relationships and disputes with Frank Higginson, Director and Partner at Hynes Legal... In Episode 4 of Let’s Talk Strata podcast, Frank Higginson discusses his experience in dealing with clients and the underlying instigators to body corporate disputes. Aside from the absolute need to communicate effectively, he raises the idea that disputing parties will often best serve their interest by calming their farm, engaging the right people and understanding the true nature of dispute. Frank also talks about an ardent need to understand the true nature of the dispute at hand, in doing so he talks about knowing where you are now, where you want to get to and how you want to get there. Frank also shed some light on his observations on Strata management industry and discusses the following topics, offering tips and practical suggestions: Management rights, managing that relationship and the interconnected expectations; Contentious By-laws, including those relating to: hard flooring hours of use of recreational facilities smoking pets noise towing parking short term letting Frank Higginson contact details: Emails: [email protected] Phone: +61 7 3193 0588 Frank Higginson profile
03.01.2022 Episode 3: Marc Mercier and Professor Michael Weir - 8 January 19 Strata, Law reforms and how they affect us all... A technical and practical discussion with Professor Michael Weir, Faculty of Law - Bond University In this episode of the Let’s Talk Strata podcast, our guest delves into the complexity of the Body Corporate Law, its proposed law reforms and how these changes may impact lot owners, tenants, invitees and committee members. Professor Michael Weir covers the following hot Strata topics: Property rights and what it means to be part of a Community Title Scheme; Achieving equitable outcomes in Body Corporate disputes; Building sustainable Strata developments and what it takes to build a good community; Controlling building defects; Tips when purchasing a Strata title property; The importance of Strata education for lot owners and practitioners alike. Professor Michael Weir also discusses his academic perspective on potential law reforms and analyses them against the current law, such as: Changes to the resolution without dissent threshold requirement; More equitable calculation of lot entitlements; Controlling nuisances such as smoking and parking. Prof. Michael Weir contact details: Telephone: (7) 5595 2031 Email: [email protected]
03.01.2022 Episode 2: Marc Mercier and John Mahoney Date: 11-Dec-18 "Management rights - tips, tricks, and challenges"... A very insightful discussion with John Mahoney, director of Mahoneys Lawyers In this podcast episode, you'll hear a discussion about handling challenges and disputes associated with management rights from the perspective of the committee, the caretaker manager, the legal practitioner, and the body corporate manager. John Mahoney provides an insightful discussion on the issues that affect caretaker agreements, as well as providing best practice tips. John Mahoney contact details: Telephone: (07) 3007 3718 Email: [email protected] Listen to the 6th episode of the Let’s Talk Strata Podcast:
