NSW Q&A: EGM Agenda

Question: I have a question about who determines what is included in an EGM agenda? Can the Strata Manager simply circulate an EGM notice and voting papers without consulting with the entire Strata Committee, or is the SC meant to vote on what is included in the EGM agenda? Answer: Both the delegated secretary (Strata Manager…

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NSW Q&A: Legal Responsibilities of Sub-Committees

Question: Do sub-committees have the same legal responsibilities as Strata Committees under By-Laws and NSW Legislation in terms of issuing agendas and recording (and distributing to lot owners) minutes of meetings. Lot owners here suspect the committee is avoiding discussions with residents and committing to expenditure by declaring that they are meeting as a “sub-committee”….

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NSW Q&A: Spending Limits for Council Owners

Question: In relation to the LookUp Strata article addressing spending limits for items not in the Council of Owners’ budget for Western Australia, do these limits apply in all states or only WA? I am in NSW. Answer: In NSW, the strata committee may be restricted on spending limits or any other matter or type of…

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NSW Q&A: Assistance Animals

Question: I have inherited a unit, that my cousin owned, (she passed in 2018) including her three cats, 1 of which has been there for 10 years, the others 4 years. It’s a unit with courtyard and yes the cats, generally live outside, but tend to stay in the boundaries, cause they are a little…

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Can parking in your own car space be considered a nuisance?

In a recent decision of The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 (Veney Case), the Supreme Court of NSW was asked to consider: whether they could make a declaration implying an additional term into an exclusive use by-law, being a by-law which gave the relevant owner the exclusive use of a common property car…

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NSW Q&A: Strata Court Dispute Over Dog

Question: Due to complaints from one neighbour, our strata is trying to take us to court over our small dog. Other neighbours confirm the dog is fine. Do I have any right to keep the dog and not get taken to court? Our strata is currently trying to take us to court over our small…

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NSW Q&A: Who is Responsible for Exclusive Elevators?

Question: Who is responsible for a home lift totally located within the airspace of a strata unit, not accessible to any other unit owner and used exclusively by the owners/occupants of the residential unit? Is it the Owners Corporation or the Unit Owners? Answer: It is difficult to determine with any precision whether the subject…

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NSW: Q&A Can We Store our Bicycle on the Ceiling of the Balcony?

Question: Can you hang your bicycle from the ceiling of the balcony in a strata apartment? We have nowhere else to store the bike. Answer: You should check your by-laws in case there is a “storage” or “balcony” by-law which might prohibit such storage. Not without the permission of the Owners Corporation because hanging things…

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NSW: Q&A Smoke Drift From Neighbour Who Smokes Outside

Question: How do we handle the other duplex lot owners who smoke outside their lot. Smoke drifts over the dividing fence and into my aging father’s lot. We are looking for information about how to handle the other lot owners who smoke in the back yard of their duplex. The smoke drifts over the dividing…

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Latest AirBnB News

A quick reminder about the AirBnB changes to the strata legislation which commenced on 10 April 2020 and the new smoke alarm requirements which commenced 23 March 2020. New Smoke Alarm requirements for landlords and agents From 23 March 2020, NSW landlords and agents are required to ensure that smoke alarms installed in rental premises…

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NSW: Q&A Submitting Renovation ByLaws for Review

Question: We’ve never received approval for an air conditioner. We’ve recently been told to move the exterior unit as it is not keeping with the appearance of the lot. We own a strata unit in NSW and back in 2017 we installed an air conditioner with the outside unit mounted high on the balcony and…

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