New Combustible Cladding Laws Introduced after Government Crack Down

New Combustible Cladding Laws Introduced On the 22nd October 2018, new laws commence. These laws are the Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2018 and State Environmental Planning Policy Amendment (Exempt Development – Cladding and Decorative Work) 2018. Owners of certain buildings with external combustible cladding will now be required to register…

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Attention Developers: Why you need a strata managing agent!

  Strata Managers are trained professionals with the thorough knowledge and expertise required to ensure proper and timely compliance with a litany of legal, notice, meeting, accounting, capital works fund and administration fund monetary requirements relevant to your strata development. One-stop-shop With licenced strata manager, all matters relating to the scheme can be directed to…

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NSW: Q&A How long can member hold positions in executive committee?

  Question: How long can a strata committee member or chairperson hold positions in executive committee? Also, can the committee engage designers without lot owners agreeing to this appointment? Answer: No this is not permissible. Only one of them can seek nomination. As you may know, the number of members is determined annually at each…

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NSW: Q&A The Procedure for Appointing a New Strata Manager

  Question: We are lot owners in a small 8 lot commercial strata building. What is the procedure for appointing a new strata manager? What happens if this procedure is not followed? Answer: It is critical that the termination of the current manager be effected strictly in accordance with the strata management agency agreement which…

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NSW: Q&A Charging lot owners who use the visitor parking spaces

Question: Some residents in our building use the visitor parking spaces as an additional parking spot. Is it possible to increase levies for these few residents and not all lot owners? Answer: First you need to ascertain from the development consent for the building exactly how many visitor parking spaces are required by law. Before…

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Ask Premium Strata – Bathroom Renovation

Bathroom Renovation Question: One of the lot owners in our strata complex requires a major bathroom renovation and is expecting the owners to pay for it – is this correct? Answer: It depends on why the owner requires a major bathroom renovation. Presumably, it is because there is some defect in the common property slab…

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Ask Premium Strata – Owners Corp & Animals

  Owners Corporation & Animals Question: I was under the impression that there was legislation that said an Owner Corporation could not make laws to prohibit animals on any lot. However, it is important to have rules around common property and other sensible rules around owner and pet behaviour Could you please advise? Answer: An Owners…

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NSW: Q&A Damage caused by tree roots from a neighbour

  Question: One of our lot owners has experienced damage caused by tree roots from a neighbour. Who is responsible for the cost of the remedial works to the adjoining property, the strata neighbour or the strata body? Answer: What is within the lot owner’s boundary is the responsibility of that individual owner. However, it…

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Ask Premium Strata – Unit Entitlements

Unit Entitlements Q: I would like to clarify the following: 1. Does owning a garage attached to a unit entitle the unit holder to have 2 votes? I thought that garage was a utility lot designed primarily for storage of goods or cars. As a result of this I am constantly outvoted on issues as…

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Ask Premium Strata – AGM Timing

AGM Timing Q: What are the rules concerning the actual time of day when a AGM is held? Last year ours was commenced at 3pm with the consequence that only 7 out of 24 lot owners were able to attend? A: Though the strata legislation is silent on the point, some general rules do apply….

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NSW: Q&A ‘No Animals Allowed’ – not even a companion animal

  Question: There are a number of very vocal apartment owners in my building who are against animals of any type, including a companion animal. Answer: If you can demonstrate your animal meets the requirements of a companion animal for the specific outlined range of disabilities, the Owners Corporation cannot prohibit the keeping of your…

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NSW: Q&A Fibre optic upgrade to individual units. Who pays?

  Question: Where will the financial responsibility lie for the fibre optic upgrade to individual units, assuming a majority of the owners corporation want direct fibre to their home? Answer: When it comes to the fibre optic upgrade, there is no hard and fast rule. There is no hard and fast rule, however, before considering…

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NSW: Q&A Noisy Neighbour Replaced Carpet with Noisy Vinyl

  Question: A noisy neighbour has replaced carpet with vinyl boards. This renovation was done without owners corporation approval. The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly. Answer: The Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of…

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What are your rights to Legal Representation in Strata?

Mediation Since the introduction of the new strata legislation, Strata Schemes Management Act, 2015 (NSW) (“SSMA”) it is no longer the case that you may automatically have legal representation at mediation. In fact, under Section 220 of the SSMA, you have no entitlement to legal or other representation, unless all the other parties to the…

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NSW Q&A: Unbalanced Strata Unit Entitlements Affecting Maintenance

Question: One family owns 61% of our scheme and use their strata unit entitlements NSW to block the committee and let the scheme run down. Would this situation be classed as dysfunctional? Answer: If the 61% family prevents the Owners Corporation from complying with its statutory obligations, then this would be a strong argument for…

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NSW Q&A: Appointing a New Strata Manager before End of Contract

Question: I require information on appointing a new Strata manager before the 12 month contract period is up. Our Strata manager rarely replies to emails and seldom ever replies to messages whether they are left on their mobile or sent via email. Answer: Your ability to end your existing contract with your current strata manager…

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