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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

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.

UnitCare 4 after hours emergencies - phone 8333 5200 for up to date information.

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www.unitcare.com.au

Gordon RussellManaging DirectorUnitCare Services

mail@unitcare.com.au

Spring 2019In August this year the SA Film Corporation in concert with the South Australian Living Artists (SALA) Festival hosted a presentation by award-winning filmmaker Amos Gebhardt, the inaugural Adelaide Studios Artist in Residence

Acclaimed for large-scale, multi-screen video installations, Amos Gebhardt is the inaugural recipient of the Adelaide Studios Artist Residency, providing the opportunity to create a new moving image artwork at the SA Film Corporation’s central screen hub, using the facility’s state-of-the-art studios.

At this special event, Amos screened excerpts from existing works which span traditional narrative and video art works using dance, slow motion and sonic abstraction to examine intersections between nature, culture and the body. Gebhardt discussed the potential of screen language to invoke sensory experiences that interrupt habituated encounters with the world.

The Adelaide Studios Artist Residency is an initiative of the South Australian Film Corporation and Adelaide Studios in partnership with SALA Festival, the Samstag Museum of Art and UniSA with funding from Arts South Australia and Unitcare Services, which

aims to nurture the production of new multi-disciplinary work bringing together art and screen.

UnitCare Managing Director Gordon Russell said “We are thrilled to be partnering with the SAFC in this venture. The Film Corporation has been a cultural cornerstone of our lives in South Australia for more than 50 years. A legacy of Don Dunstan, that has bought us Shine, Picnic at Hanging Rock, Sunday Too Far Away, Storm Boy, Blue Fin and many many more great stories” o

Cheers

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

Plumbing , Gas, Roof Leaks 1300 700 200

Electrical 1300 130 229

Building repairs 0412 034 173

Police to attend - noise/robbery etc 131 444

State Emergency Service storm/flood 132 500

emergency numbers

UNITCARE & SA FILM CORPORATION

Our colleagues at www.lookupstrata.com.au have sent us some useful links.

The following are from some of their most viewed pages...

www.lookupstrata.com.au/nsw-unreasonable-strata-communications/

www.lookupstrata.com.au/sa-neighbour-smoking-on-balcony/

www.lookupstrata.com.au/category/parking/parkingsafaq/

www.lookupstrata.com.au/factsheet-maintenance-common-property/

https://www.lookupstrata.com.au/category/noise/noisesafaq/

USEFUL LINKS

WHO IS LIABLE - LEGAL ADVICE

We have requested professional legal advice regarding the division of responsibility between the owners of units (unit holders) and Strata Corporation in relation to:

(a) the wood rot in a window

(b) tiling in the unit subsidiaries (such as external porches);

(c) plumbing blockages caused by tree roots in unit subsidiaries;

(d) doors between the unit subsidiaries (such as between the unit and garages or yards);

(e) multi storey unit ceiling/floor boundaries; and

(f)balconies forming unit subsidiaries.

Here is the advice on timber window rot. The adjacent photos are of the actual window from the inside.

6. Analysis of Legal Position

6.1 In short, our view is that the legal obligation with respect to anything beyond the internal surface of the window frame rests with the Strata - as it forms part of the common property. It is the Strata’s responsibility to replace the window frame due to the wood rot if required.

6.2 That said, the individual unit holders comprise the Strata - and the common property is held by the Strata in trust for the unit holders. This means that the unit holders have a collective responsibility to ensure the common property (including the building) is kept in good repair and condition.

6.3 The previous owner (and its tenant / agent) were clearly derelict with respect to this collective responsibility by not taking appropriate steps to “keep an eye” on the issue. Arguably the previous owner should have:-

(a) inspected the window;

(b) advised the Strata of the issue, particularly if inspections of the property were being undertaken while it was tenanted; and/or

(c) taken reasonable steps to assist in preventing the wood rot from occurring or worsening.

6.4 At the end of the day, it is a well established function of the Strata to administer and maintain the common property. On that basis, the Strata may seek to recover a contribution from the owner of Unit # as the unit holder failed in this collective responsibility to the Strata.

6.5 In our view, the Strata should keep the following in mind:-

(a) the cost of recovery from the unit holder should be balanced against the cost of the repairs, which is not significant (compared to possible legal fees - for example);

(b) while the previous owner has clearly been derelict with respect to his/her “collective responsibility”, questions may also be raised with respect to the Strata, for example:-

(i) were inspections of the common property carried out; and

(ii) if so, why was the wood rot not discovered / should it have been discovered; and

(c) the new owner of Unit # was not the party responsible for causing the wood rot. While it was not the individual that contributed to the damage or loss, it appears the new owner (via the agent) had knowledge of the wood rot, when determining how aggressively to seek contribution from the owner of Unit #.

6.6 We note that our advice may differ if the wood rot in the window frame was located in part of the window framed located within the boundary of Unit # (being the inner surface of the window). However, from the material we have been provided, this does not appear to be the case.

It is clear from this advice that owners and their agents have a responsibility to inspect and advise the strata on any problems that relate to common property. This applies equally to strata divisions in community titled groups.

We will cover the other matters in future newsletters and on our website o

SHONKY DEVELOPERS

UnitCare Services has for 5 years now been proudly supporting South Australian Living Artists (SALA) Festival . One of the largest community based arts events in the world.

This year Grant Parke won the UnitCare Moving Image award for his work Every Person on the B10 Bus.

The photo was taken at the SALA Finissage Party 2019 at the Lion Arts Factory in September 2019.

To view Grant's work along with the ABC's SALA coverage go to.. www.unitcare.com.au/Media/ABCTV_SALA_2019.mp4 or

https://iview.abc.net.au/show/mix/series/0/video/NC1916H031S00

UNITCARE MOVING IMAGE AWARD

Since the late 1980s many of our clients have been faced with defective building construction and recalcitrant developers and builders. This coincided with 1: Council pulling out of building inspections and 2: Consumer Affairs referring bad behaviour and licence cancellations to the Courts.

This libertarian attitude supported by self regulation and paper only audits by building certifiers has left unit owners wearing the financial and emotional fallout. Daily now we see and hear of shonky building work, some of it putting residents lives at risk.

I support the New York attorney generals decision, BAN bad developers from ever again developing real estate in South Australia. In addition Councils should once again look after their residents by undertaking inspections. The cost of not doing so is too high for all concerned.

If you feel the same I suggest you lobby the Attorney General Vickie Chapman 357 Greenhill Rd, Toorak Gardens SA 5065 Phone: (08) 8332 4799 or email AttorneyGeneral@sa.gov.au

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unit/update Spring 2019www.unitcare.com.au

unit/update Spring 2019www.unitcare.com.au

The following article appeared in The Advertiser on September 7th 2019. It is from Paul Edwards, REI SA Policy Advisor and addresses tenants who wish to have the NBN connected to the property they rent. It may be useful reading for investors/landlords.

NBN Is rollng out in my street very soon. What do I have to do as a tenant?

First of all, congratulations. I live In Norwood and am still waiting. It is very exciting to receive notification that you are about to be connected to the NBN but there are a few things you ought to know first before signing up to an NBN plan.

A landlord does not have to provide for an internet connection to your property. If you want one, that’s all well and good but you must seek consent from your landlord (or property manager) in writing. Try to come to an agreement also about the placement of any infrastructure.

The good news is that your landlord cannot refuse permission for the connection of NBN without a good reason. They cannot

unreasonably withhold their consent to your request. For those desperate to get connected, this is indeed good news.

The bad news is that you have to pay for it yourself, But if you are

happy to leave it behind at your property at the end of the lease, then negotiate with your landlord to come up with an agreement as to who pays for any work that needs to be done to establish the connection.

Another very important point to remember is that you can remove any service that you have paid for but you must repair any damage caused to the property. You cannot just leave a gaping hole in the wall and expect your landlord to be happy about it.

It is absolutely critical that you and your landlord (or property manager) have an agreement as to what happens at the end of your tenancy and that this is recorded in writing. This will assist greatly in determining who is responsible for what at the end of the lease.

If there is an existing NBN connection at your property when you move in, then the landlord is responsible for maintaining that connection unless it is specifically excluded from your lease.

MORE PODCASTS & FACT SHEETS

THE MOST COMMON CAUSES OF BLOCKED DRAINS IN ADELAIDE’S The following article is from Ken Hall Plumbers recent newsletter. We cover drainage issues on our best practice website at www.unitcare.com.au/bp_strata_maintenance_plumbing_drainage.html

The most common causes of blocked drains in Adelaide’s homes

Blocked drains are unsightly, smelly and can wreak havoc in your home’s floors and walls.

Types of blocked drains and how to prevent them

The best solution is preventive, to minimise blocked drains from happening in the first place. Let’s have a look at the most common types of blocked drains:

Blocked toilet drains

Blocked toilet drains can occur from nappies, baby wipes, sanitary napkins and other bulky items which should be disposed within the garbage. It’s important to discuss with the family or other people in your household and explain the expense of unblocking toilets because of trying to flush away items that should not be in the loo!

Blocked sink drains

Items such as food scraps, oil and fats are the most common reasons for blocked sink drains. It is best to place fats and oils in a jar and dispose of in the garbage, and to use proper kitchen waste plugs that collect food scraps instead of allowing them to go down the sink.

Blocked laundry drains

Common reasons for blocked laundry drains are hair and detergent. Soap scum and hair builds up over time from the washing machine or from whatever goes down the sink and causes blocks. Cleaning the

filter in the washing machine regularly is advised – something we all forget about because it is not always so obvious.

Blocked shower drains

Showers are notorious for blockages caused by hair, soap, conditioner and other products. Although you cannot avoid using general products, you can make sure that hair is removed from the drain to allow other waste out.

Blocked stormwater drains

Tree roots, garden waste, dirt and general rubbish all get into the stormwater system and can stop the drains from guiding storm water away from your home. The smallest cracks in your pipes will attract tree roots and once in there, they can grow quickly.

Stormwater can make its way to your home’s foundations and cause cracks in the floors and

walls. The best way to prevent this is to ensure you get your gutters cleaned at the start of winter every year.

On a final note, drain cleaners purchased from local stores can seem like an easy option but be mindful to read instructions carefully. Use with caution as there is the potential for them to cause more harm than good o

LANDLORDS & NBN OBLIGATIONS If you are the tenant it is also important that you make sure you understand what type and speed of internet you can receive at the property before you move in. Check with your service provider, do an address search on their website and just make sure you go into your lease with your eyes open. The previous tenant may tell you they got really fast internet but they could have been hooked up with a satellite or mobile service. Do your research.

NBN can be very exciting, but just make sure that you communicate with your landlord (or property manager) first.

And remember - call me (Paul Edwards) every Saturday on the Real Estate Institute of South Australia’s Query Connect line on 1800 804 365 and I’ll be more than happy to answer your real estate questions o

Earlier this year we were advised that a tenant no longer had hot water to their unit. This is in a group that has a common gas hot water system. Each unit has a water meter attached to the pipe serving their unit.

When the gas company come to measure who has consumed gas and how much they use the water meter readings. The more hot water used, the more gas consumed. This has been common practice for many decades.

As the hot water system is owned by the strata corporation UnitCare sent out a plumber to investigate. The picture opposite shows what they found. A large coin has been inserted in the pipe to the unit.

We contacted one of our regular plumbers, Precise, to enquire why there was a coin in the pipe and they informed us that the gas company do this if the bill isn’t paid. This stops the supply of hot water to the unit and only that unit.

If the evidence is that the tenant failed to pay their gas bill then the corporation would we believe have every right to seek recovery of the plumber's visit o

COIN IN HOT WATER SUPPLY ?

With the assistance of Paul Willis of Media Engagement Services we are regularly producing podcasts and associated Fact Sheets on the many issues facing SA’s unit owners.

The latest at the time of going to press Include ...

• Plumbing - who owns what

• Termites - who pays

• Painting common property

Go to www.unitcare.com.au and click on the Fact Sheet icon to view and listen all.

Paul Willis of Media Engagement Services can be contacted through www.mediaengagementservices.com.au: