Decision-making and implementation Tuesday 2 May 2017 Kimberly Crawford Sustainability Engagement Coordinator
Agenda Decision-making for sustainability (Christine Byrne) 1 Decision-making tools for strata (Dr Hazel Easthope ) 2 Facilitating easier implementation (Panel discussion) 3
Decision-making for sustainability Christine Byrne – Green Strata
D ECIS ISION M AKING FOR S UST STAINABILITY Christine Byrne 2 May 2017
T OPICS Where do decisions need to be made? Relevant changes in the new legislation The correct resolution type Spending restrictions on large schemes Example motions
W HERE D EC ARE M AD ECISIONS AR ADE Strata Committee – repair & maintenance (statutory duty) – includes additions to building if necessary to keep common property in good repair – Ordinary Resolution Owners Corporation (AGM or EGM) – improve or enhance the common property [s108] • add to common property • alter common property • erect new structure on common property – inappropriate to maintain, renew, replace or repair the property [s106(3)] – Special Resolution
R EP EPAIR & M AIN VS I MPROVEMENT AINTENANCE VS Repair & Main intenance Imp Improvement Replace failed light globes with energy- Replace fluorescent or halogen lighting efficient light globes with LED lighting Power Factor Correction Install carbon monoxide detectors on carpark exhaust fans Install sub-meters for water monitoring Install variable speed drives VSDs on pumps & fans Replace failed plant & equipment with Replace working plant & equipment with energy or water-efficient equipment energy or water-efficient equipment Install solar power or solar hot water
W HO HO M AKE THE D EC ECISION ? AKES TH Acti ction Decisio Dec ion Mak aker Upgrade lighting e.g. fire stairs, car park, foyers Owners Corporation Power Factor Correction Strata Committee Install sub-meters for energy / water monitoring Strata Committee Strata Committee Adjust / install timers Power Factor Correction Strata Committee Owners Corporation CO sensors Owners Corporation Variable speed drives Owners Corporation Solar PV / Hot Water Strata Committee Maintenance contracts Lift upgrade Owners Corporation Strata Committee Cooling Tower adjustments Owners Corporation Building Management System Owners Corporation Efficient pool heating
R EL ELEVANT C HANGES IN IN N EW EW L EG EGISLATION Easier EGMs with relaxed Quorum requirements Electronic – distribution of notices – participation in meetings – voting Finance – approval at a General Meeting Capital Works Fund Plan – must implement – so far as practicable Provide services to residents/owners – Special purpose funds
R ES ESOLUTION T YP YPE Special Resolutions to change common property That the Energy Saving Action Plan showing forecast savings of some $xx,xxx per year, prepared as part of yyyy’s participation in the Smart Green Apartments program, be adopted for implementation in the 2017 / 2018 financial year That pursuant to Sec 108 of the Strata Schemes Management Act 2015 the Owners Corporation SPECIALLY RESOLVES to make any changes to common property that may be required for the effective implementation of the Energy Saving Action Plan.
T HE HE M YTH THE S PECIAL R ES TH OF OF TH ESOLUTION It’s not 75% of all owners Quorum is 25% of unit entitlements If just make a quorum, then at a minimum special resolution passed if no more than 25% of 25% are against For example: – Total unit entitlements: 100 – 100 owners, all with 1 UE – Quorum: 25 UE present – Special resolution passed if no more than 6.25 people vote against – If all present vote, it’s only 19 for A lot easier with disinterested investor owners!
S PENDING R ES ON ‘L AR ARGE ’ S CHEMES ESTRICTIONS ON LA LARGE sch cheme e - over 100 100 lots lots (1 (101 lots lots or or more), excl cludin ing parkin ing and utilit tility lots lots Annual budgets must list amounts for specific items At least two quotations for proposed expenditure over $30,000 Strata committee cannot spend more than 10% above that estimated for any item or matter at an AGM – doesn’t apply to emergencies – owners corporation can lift the restriction
E XAMPLE M OTI TIONS For For lar arge st strata sch schemes, to to rem remove the spe spendin ing lim imit REM REMOVAL OF OF TH THE LI LIMI MITA TATION IMP MPOSED UND NDER SEC SECTI TION 102 102(2) Motion: That the Owners Corporation removes the limitation imposed under Section 102 (2) of the Strata Schemes Management Act 2015 generally or in relation to any particular item or matter. To To ob obta tain pre pre-approval for for ene energy & wate ter sav savin ings init itiatives EN ENERGY & WATE ATER SAVIN SAVING INI NITIATI TIVES Motion: That the Owners Corporation SPECIALLY RESOLVES pursuant to section 108 Strata Schemes Management Act 2015 (NSW) and authorises the Strata Committee to implement any energy and water saving initiatives - which may include replacement of, or additions to common property - that have an initial payback period of 3 years or less. Approval to to pa pay for for Sy Sydney Water’s Wate terfix pro program WATE ATER EFFI EFFICIENCY Motion: That the Owners Corporation pays for Sydney Water’s WaterFix ™ program (or an equivalent service) to be undertaken in each lot, subject to the approval of the owner(s) of each lot.
R ES ESOURCES Legislation – Strata Schemes Management Act 2015 legislation.nsw.gov.au/#/view/act/2015/50 – Strata Schemes Management Regulation 2016 legislation.nsw.gov.au/#/view/regulation/2016/501 NSW Fair Trading fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_sc hemes.page – Strata Laws stratalaws.nsw.gov.au/ – Strata Living Guide fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/About_us/Publica tions/ft045.pdf Strataman strataman.com.au Forums – Flat Chat: flat-chat.com.au – Strata Live: stratalive.com.au
Decision-making tools for strata Dr Hazel Easthope – UNSW
Facilitating easier implementation Jill Yates – Clarence House Panel Discussion Ian MacDonald – Regatta Wharf Tonja Gibson – Sonoma Nathan Hage – Zinc Apartments
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