LOC SM Privacy Policy

About Our Privacy Policy

LOC Strata Management (“we”, “us” or “our”) recognises the importance of privacy and is committed to protecting the privacy of individuals when handling their personal information.  We handle personal information about individuals for purposes relating to our functions and activities involving branding, marketing and related social media marketing activities.

Our Privacy Policy outlines how we handle personal information about individuals for purposes relating to our functions and activities in an open and transparent manner in accordance with the Australian Privacy Principles contained in the Commonwealth Privacy Act 1988.  Personal information includes any information about an identified individual or an individual who is reasonably identifiable.

By providing us with your personal information you consent to us handling it in accordance with our Privacy Policy.  If you provide us with any personal information about another individual then we rely upon you to inform that individual of the details contained in our Privacy Policy.

2. Why we collect, hold, use and disclose personal informationWe collect, hold, use and disclose personal information for purposes relating to our functions and activities.  For example, we may collect, hold, use or disclose your personal information for one or more of the following purposes:

• providing you with our products or services
• managing our client relationship with you
• providing you with information about our products and services
• evaluating or improving our products and services
• marketing, re-marketing or promoting our products and services
• complying with our legal or regulatory obligations

3. What kinds of personal information we collect.
The kinds of personal information about you that we may collect and hold include:

• your personal details including name, contact details, gender, age and personal interests
• your identity information including date of birth and driver’s licence details
• your product and service information including transaction details
• your payment information including bank account and credit card details

We will not collect any sensitive information about you without your consent unless we are required or authorized by law to collect the information.  Sensitive information includes information about an individual’s health (including information collected about or in providing a health service to the individual), biometrics, genetics, ethnic background, religious beliefs, religious affiliations, philosophical beliefs, professional memberships, trade memberships, political memberships, political opinions, sexual preferences or criminal record.

If we are not provided with the personal information about you which we request then we may not be able to provide you with our products or services.

4. What kinds of website visitor information we collect.
We may use cookies or similar technologies to collect information about your visits to our websites https://www.locsm.com.au/ (“Websites”).  A cookie is a small text file which is stored on your computer or device by your web browser when you visit our Websites to enable your visits to be recognised.

The kinds of information that we may collect and hold about your visits to our Websites include your IP address, domain name, locality, operating system, browser type, referring website, search terms, pages and links accessed, and visit date and time.  We may use this information for the purpose of maintaining and improving our Websites and enhancing your experience browsing our Websites.

If you do not wish us to use cookies to collect information about your visits to our Websites then you may set your browser to disable cookies but some parts of our Website may not function properly if cookies are disabled. 5. How we collect personal information

We usually collect personal information directly from you in person or when you communicate with us by telephone, email, standard form, letter, online chat, facsimile or other means.  For example, we may collect your personal information directly from you when:

• you request us to provide you with our products or services
• you request us to provide you with assistance or support for our products or services
• you participate in live chat communication via our website
• you attend a workshop and provide contact details
• you request us to provide you with information about our products, services, functions, activities or events
• you complete a survey or provide feedback in respect of our products, services, functions, activities or events• you subscribe to receive news or other information about our products, services, functions, activities or events
• you enter our competitions or promotions

We may also collect your personal information from a third party or publicly available source for the purpose of carrying out our functions and activities.  For example, we may collect your personal information from:

• your authorised representatives in connection with providing you with our products or services or your attendance at or participation in our functions, activities or events
• our service providers that assist us to carry out our functions and activities including customer support providers, information technology providers, credit report providers, and billing and debt recovery providers
• government departments and agencies in connection with carrying out our functions and activities

6. How we disclose personal information.
We disclose personal information to third parties for the purpose of carrying out our functions and activities.  For example, we may disclose your personal information to:

• your authorised representatives in connection with providing you with our products or services or your attendance at or participation in our functions, activities or events
• our service providers that assist us to carry out our functions and activities including customer support providers, information technology providers, printing and mailing providers, sales and marketing providers, credit report providers, and billing and debt recovery providers
• our professional advisers including accountants, auditors and lawyers
• our related companies, agents, partners, affiliates and other trusted entities that assist us to carry out our functions and activities
• government departments and agencies in connection with carrying out our functions and activities

The third parties to which we may disclose your personal information may be located in Australia or other countries including the United States of America. We will not disclose your personal information to any third parties for any other purpose without your consent except where required or authorised by law.  For example, we will not sell, trade or rent your personal information to any third parties for marketing purposes without your consent.

7. How we use personal information for direct marketing.
We may use your personal information to provide you with news or other information about our products, services, functions, activities or events that may be of interest to you.  In each such communication we will describe how you may at any time request not to receive any further such communications from us.  We will give effect to your request not to receive any further such communications from us as soon as practicable.

8. How we hold and protect personal information We hold personal information that we collect in both physical and
electronic storage facilities including paper-based files, computer servers, desktop and laptop computers, tablets, mobile phones and other portable data storage devices. We protect personal information which we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure using both physical and electronic security measures which include secure premises, secure databases, password access, anti-virus software and firewalls. If we hold any personal information that we no longer need for any purpose for which we may use or disclose the information then we will take reasonable steps to destroy or de-identify the information unless we are required by law to retain the information.

9. How to access and correct your personal information.
You may request access to, and correction of, any of your personal information which we hold.  You should promptly notify us if you become aware that any of your personal information which we hold is inaccurate or out-of-date. We will respond within a reasonable time to a request by you for access to your personal information.  We will give you access to your personal information in the manner that you request if it is reasonable and practicable to do so.  If we decide not to give you access to your personal information then we will give you written reasons for our decision. We will respond within a reasonable time to a request by you for the correction of your personal information.  If we correct any of your personal information that we have previously disclosed to another organisation which is subject to the Australian Privacy Principles then you may request us to notify that other organisation of the correction.  If we decide not to correct any of your personal information then we will give you written reasons for our decision and you may request us to associate with the information a statement apparent to users of the information that it is incorrect. If you wish to access or correct any of your personal information which we hold, please contact our Privacy Officer using the contact details below.  You will be required to verify your identity before you will be permitted to access or correct any of your personal information which we hold.

10. How to make an enquiry or complaint
If you have an enquiry or complaint about our handling of your personal information, please contact our Privacy Officer using the contact details below.  A complaint about our handling of your personal information should first be made in writing to our Privacy Officer setting out details of your complaint.  Our Privacy Officer is responsible for dealing with all enquiries and complaints about our handling of personal information and will respond on our behalf within a reasonable time after receiving an enquiry or complaint. If you are not satisfied with our response to your complaint then you may take your complaint to the Office of the Australian Information Commissioner which may be contacted using the contact details below:

Office of the Australian Information Commissioner
Phone: 1300 363 992E
mail: enquiries@oaic.gov.au
Address:  GPO Box 5218, Sydney, NSW 2001

11. How we update our Privacy Policy.
We may update our Privacy Policy from time to time to take into account changes to our information handling practices by publishing an updated version of our Privacy Policy on our Websites.  You should regularly review the most recent version of our Privacy Policy available on our Websites.

12. Re marketing with Google Analytics
Our Websites use analytics data and the double click cookie to serve ads based on a user’s prior visits to our website. You have the ability to opt out of the double click cookie by visiting the Google advertising opt-out page or by opting out of Google Analytics by visiting the Google Analytics opt-out page. If you would like to know more about remarketing you can view Google’s Remarketing Privacy Guidelines, Policies and Restrictions pages.

13. Retargeting with the Facebook Pixel
Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from visitors to our website and elsewhere on the internet and use that information to provide measurement services and target ads. This includes your interaction with our Facebook properties. You have the ability to opt out of these various mechanisms by visiting the WebChoices Consumer Choice Tool. For more information about how Facebook manages or uses your data, you can visit their Privacy page.

14. How to contact us
You may contact our Privacy Officer using the contact details below:

Privacy Officer – LOC Strata Management
T : +61 08 6355 5225

This Privacy Policy is effective as of August 2019

February 7, 2020

What’s yours and what‘s common property?

The information in this article will assist when reading strata plans. This article about common property boundaries has been supplied and written by Stephen Raff, Ace Body Corporate Management and The Knight.


Questions are commonly received by strata managers from owners about common property boundaries along the lines of ‘What is mine and what is part of common property’. The list of questions can be somewhat exhaustive and often requires viewing the property’s plan of subdivision, however, I have attempted to address some of the more common areas of concern for owners and offer some insight below.


Common Property Boundaries

Foundations and Roof

Many Victorian strata plans state something along the lines of, ‘The lower boundary of units 1 to 14 (both inclusive) lies one metre below that part of the site which lies within the vertical or near vertical boundaries of the relevant unit’. The upper boundary of each of these units is usually about 15 metres above its lower boundaries. In this case, the owner is responsible for their roof and the foundations under the floor. In this example, the common property is all the land in the parcel except the land contained in units 1 to 14. A prospective purchaser should be aware of this.


In other strata plans (i.e. Single storey units) areas above and below the units are deemed to be common property and therefore the owners corporation is responsible for the repair and or replacement of the roof and the foundations of the unit. It also means that the owner could not build a second storey without unanimous approval from the owner’s corporation, or build something below the surface such as a wine cellar.


Some plans of subdivision state that ‘depth and height limitations do not apply’. This means that the unit owner owns the immediate airspace above their unit (to the Commonwealth of Australia boundary). So, providing they obtain a permit they can build another storey onto the existing building. It also means that they own the land down into the ground and can build, for example, a wine cellar, providing a permit can be obtained. So there is no common property above or below the unit.


A plan of subdivision often states the location of boundaries defined by a building’s ‘median’ (marked ‘M’ on the plan) and ‘exterior face’. The median means that the two owners would share any repair costs of the wall dividing their two units. The exterior face means that the owner is responsible for all works from the plaster through to the paintwork on the exterior of the wall, which would include windows, rising damp, concrete cancer repairs or replacement. The ‘interior face’ means everything from the exterior paintwork through to the plaster and is the owners corporation’s responsibility.


If the strata plan states that all the air between floors to ceiling is private, that means everything above the ceiling is common property and anything below the floor is common property. So, if the foundations or roof deteriorate, it would be the owners corporation’s responsibility to repair or replace them.


Front fences

If the street-side front fence of a block of units has a private courtyard behind it and the fence adjoins a footpath without any common property between the footpath and the fence, then the fence belongs to the owner of the unit that sits behind the fence. Councils rarely pay for the repair or replacement of a fence attached to an owners corporation, so this is usually left up to the owner.


If there was common property between the fence and the footpath and there was a private courtyard behind the fence, then the cost of repair or replacement would be shared equally between the owner and the owners corporation. If there is common property behind and in front of the fence then it is the owners corporation’s responsibility to repair or replace the fence.


Backyards

A common problem that can occur is that a person purchases a unit under the belief that the backyard belongs to the unit, yet the plan of subdivision clearly shows that it is common property. What happens is that over time people install fences on common property to create private backyards for themselves.

The problem is that if a person slips, trips or falls and can prove negligence, it will be the owners corporation that is legally responsible because the area is common property. Yet the owners corporation quite often has no idea that this is common property, or they choose to do nothing about it. A simple and fairly cheap option is for the owner’s corporation to agree to lease or license the area to the unit holder.


Separate water and gas meters

If a property owner is renting their property to a tenant and only has one meter for both gas and water for the entire owners corporation, the tenants cannot be charged for the water or gas bills. In order to pass the costs of these services from the owner to the tenant, a separate water or gas meter must be installed.


The Victorian Government encourages the installation of separate water meters in unit complexes, apartment blocks and commercial properties to encourage efficiency and provide a financial reward for people who reduce water use.


In older flats and apartment complexes, separate water meters can be retrofitted after first gaining permission from the Owners Corporation to complete the work. Once in agreement, the Owners Corporation should contact the relevant water corporation in their area and have them explain the cost and process of installing individual water meters.


This article about common property boundaries is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.


Stephen Raff

Ace Body Corporate Management

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