Question: One townhouse in our complex has a tree growing within their lot that is now covering a section of the roof and contributing to blocked gutters. Can you please confirm whether or not it is the unit owner or the Strata’s responsibility to prune the offending tree? Answer: Once you determine where the…
Question:Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer? Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer. This bylaw outlines permission and the terms and conditions for owners to install ducted split air conditioning systems, roof…
Question: Is this general meeting valid? What about the quorum? We have just had an EGM stated as (DATE) with pre-meeting voting closing (24 HRS PRIOR). The notice of the meeting was misleading. On one side of the header, it says: The meeting will be held on (DATE) via electronic vote commencing at (TIME) Next…
Question: We receive a delayed strata levy. On the levy it shows 2 quarters plus interest, however, this was sent late from the strata. Are the owners still responsible for the interest? Answer: If the levy was issued late, they should not be charged any interest. They shouldn’t be responsible for the interest. If it…
Question: My wife and I are co-owners. Do we really have to submit proxy forms for the other when only one of us attends a meeting? My wife and I are co-owners. My reading of the act is that if one of us is not at the meeting then the other speaks and votes for…
Question: How do we force a decision in a 4 unit, self-managed complex? There are always 2 for and 2 against. Strata is a democracy and it comes back down to a vote. Generally a four lot scheme can create more work than a 400 lot scheme because of that one reason where you just…
Question: What are the voting rights on a Strata motion mid-way through a unit’s sale process when contracts have been exchanged but are yet to be settled? Who is the voting party under these circumstances? Answer: The voting party is the registered owner on the strata roll at the time the vote is conducted….
Question: My wife and I are co-owners. Do we really have to submit proxy forms for the other when only one of us attends a meeting? My wife and I are co-owners. My reading of the act is that if one of us is not at the meeting then the other speaks and votes…
LATEST STRATA DEVELOPMENTS FOR NEW SOUTH WALES Dear Members, The Strata Schemes Management Amendment (Sustainability Infrastructure) Act, 2021 No 1 (NSW) (the “Amendment Act”) has introduced important amendments to the Strata Schemes Management Act, 2015 (NSW)(the “Act”). Keeping of animals You may have seen the media coverage of the landmark NSW Court of Appeal decision…
Question: What are the requirements for owning and or residing in an over 55s strata property? Does the owner or all residents need to be over 55 to live in a retirement village? Our Strata is an over 55s or invalid property. Can a purchaser be stopped from buying a lot in a retirement…
Question: Is the chairperson elected before each meeting? Answer: If you haven’t elected a chairperson, secretary and treasurer, to remain in office for the term of their appointment, you can elect a chairperson for each meeting. At a general meeting, you elect your strata committee, but you don’t elect the office bearers position. This…
All persons must wear masks on the common property and other shared areas from Tuesday the 13th of July 2021 This requirement applies to the Greater Sydney Area Shared property includes Lobbies Foyers Lifts Shared walkways Garbage rooms Garage areas Reception areas Mailbox areas Stairwells Shared facilities such as laundries, gyms and swimming pools The requirement…
Question: Our owners corporation is part of a BMC. Is it regulation that the financial and annual budget of the BMC be presented to the strata committee or owners and approved at a committee meeting before the owners corporation AGM? I am an owner in an owners corporation that has shared facilities (BMC) with…
Question: The owners removed the carpet in the apartment above mine without permission. The noise is terrible. Is there anything I can do or do I have to put up with it? The owners removed the carpet in the apartment above mine without permission. Our strata plan has the basic standard Floor Coverings by-law….
Question: I live in a block of units that has a resident who is a long term compliance cop. Can this person be removed from the committee before an AGM if the residents agree? I live in a block of units that has a resident who is a long term compliance cop. The person is…
Question: My allocated parking spot has a tree in front if it which makes accessing the spot especially challenging. What can I do? I am currently renting a strata unit with an allocated parking spot. My allocated parking spot has a tree in front if it which makes entering and exiting the spot especially…
Premium Strata are proud members of SCA (NSW), the peak body for the strata sector in NSW representing 2,000 strata managers. The NSW Government under the Minister for Better Regulation and Innovation, Kevin Andrews, has approved a Professional Standards Scheme. This formal recognition by the NSW Government is first of its kind for the property…
Question: Is there a code of conduct for owners corporations in NSW. I am especially interested in privacy regarding matters between the owners corporation and the owners. Answer: Strata Community Australia has a Code of Ethics, see link below: Strata Community Australia has a Code of Ethics: Code of Conduct – Strata Community Association The…
Question: I am the sole committee person (Treasurer / Secretary and Chairperson) in our 7 lot scheme with one other lot owner as a committee member. He’s only concerned is his lot. How can I remove him from the committee? Our Strata consists of 7 units. I am the sole Committee person (Treasurer /…
Following extensive consultation with the community and holiday-letting industry, the Short-Term Rental Accommodation (STRA) framework has been finalised. The new regulatory framework seeks to ensure local communities continue to enjoy the economic benefits of STRA, while managing potential adverse impacts. Importantly, the new STRA policy includes a deferred commencement clause and consultation is ongoing…