A LookUp Strata reader in NSW wrote about their Strata Committee who pay themselves an undisclosed amount for activities performed, which is never itemised in the financial statements. The reader wondered whether the Strata Committee can pay themselves these undisclosed sums, and ignore Section 46 of the Act, and overriding the committee decision making process? In…
A LookUpStrata reader wanted to understand whether their Strata Committee chairman could perform the role of caretaker without a written or binding contract, as agreed by the strata lot owners of the building. In summary, complex legal issues arise here, the most alarming of which is whether or not the “caretaker” is insured and if…
In the wake of the devastation of the London Fire, NSW Fair Trading is taking action concerning non-compliant aluminium cladding. Such action will include legal reform to give effect to: Having a specialist unit conduct an audit with a view to issuing orders against owners of buildings to remove non-compliant aluminium cladding materials. Requiring annual…
It has been difficult for people in who live in apartments in NSW to install solar panels. This is often due to a fear of bureaucracy and resistance from the strata committees. This article discusses an example of Stucco, a small co-operative housing block in Sydney, which embarked on a mission to install solar power….
A LookUpStrata reader wanted to know more about the implications of not having a licensed NSW strata manager. The reader wondered whether their contract which was signed with a licensed agency is still legally binding because the Strata Manager managing their building was not licensed. These issues are governed by the Property Stock & Business Agents Act,…
Smoke detectors have an effective ‘use by date’ and back-up batteries should be checked and replacement frequently, however the entire unit usually needs to be replaced after 10 years. A LookUpStrata reader wanted to know who is responsible to ensure that the smoke alarms in strata units are operational, and who is responsible for the replacement and…
We wanted to provide you with this update regarding the implementation of the NSW Residential Developer Bond and Defect Inspection Regime. This ‘Developer Bond Regime’ was to be introduced by the new Part 11 of the Strata Schemes Management Act 2015 (NSW), which came into effect on 30 November 2016. The regime entails the provision…
In the case of sole trader Strata Managers (one person), how does the Executive Committee gain access to the Strata Trust Account if their strata manager passes away? In brief, the Unclaimed Money Act 1995 (the Act) now applies to unclaimed money held in a trust account under the Property, Stock and Business Agents Act 2002….
A LookUpStrata reader and unit owner wanted to understand whether the Owners Corporation has a duty to clearly mark common property. The reader purchased a unit without realising that the area outside their unit was a much used common property walkway. In summary, irrespective of there being no visible markings for the common walkway, with…
A LookUpStrata reader was told by her strata manager that the water pump on the other side of her bedroom wall was within the required limits. The Council inspector who came to measure the noise also confirmed that there was no case for them to take action. She wanted to know if there is anything else…
A LookUpStrata reader wanted to understand whether it is allowed for a Building Manager to use their proxies to vote on the negotiation of their agreements. The Caretaker / Building Managers wanted their Management agreement returned to 10 years instead of the 7 years left on original agreement. They also wanted their remuneration doubled for both of…
A LookUpStrata reader in NSW wanted a step by step guide on the procedure to resign their current strata manager and appoint a new one. Their AGM is not scheduled to happen for some time, and the reader wanted to know whether they have to wait with the appointment of the new strata manager until then?…
A LookUpStrata reader, who recently moved into a unit, wanted to know how he could get an entrenched and highly resistant executive committee to acknowledge their obligations under the new legislation, to have a 10 year plan, have it professionally costed and take immediate steps to raise the required funds to support it as well…
A LookUp Strata reader, owning a unit in a resort style strata accommodation in NSW, wanted to understand whether the invoicing procedures used in her strata plan were proper and following appropriate accounting procedures. In summary, the party requiring the works is the party that should be invoiced; however, if you have other parties assisting with…
We have written a new article about the new rules on smoking in NSW strata buildings, and what can be done to restrict smoking. The new legislation introduced in NSW in November 2016 has recognised that smoking may cause nuisance or hazard to another person. Further, it has introduced a new model by-law (which must be…
We have written a new article explaining the available penalty options for by-law breaches in NSW strata buildings. Strata residents in breach of any by-law, risk that the Owners Corporation makes an application to NCAT for the imposition of a civil penalty for breaching the by-law. Such penalties are quite severe. The new strata legislation…
We have written a new article about parking on common property. Under the new legislation, the Owners Corporation has finally received new powers to tow vehicles in breach of by-laws. On the downside, the Owners Corporation must tolerate the offending vehicle for at least five days before it may take any action. The new legislation…
A LookUp Strata reader wanted to know what can be done about inaccurate meeting minutes. In summary, at the next general meeting there will be a motion confirming the minutes of the previous meeting. This will be your opportunity to correct any resolutions inaccurately minuted at the prior meeting. Read the full question, and our…
This Flat Chat article in the Domain explains changes in the way the so-called Fire and Emergency Services Levy (FESL) is raised. From 1 July 2017, the annual fire services levy will be collected via council rates rather than via buildings insurance. This will ensure the FESL will be spread more evenly across a broader slice of…
We have written a new article explaining the requirements around the keeping of animals in NSW strata titled buildings. We explain the various by-law options, depending on whether your strata scheme was registered before or after 1996. Please follow this link to the detailed article.