Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…
Question: Can a proxy vote be cast in AGM elections for Owners Corporation committee members? If Yes: The person granting a proxy to another person may not know who the committee candidates are, as candidates can be nominated as late as the AGM itself. Each incumbent committee member who be able to hold up…
Question: Our strata manager refuses to hold our AGM after office hours. Should this be an expected service or is he being inflexible? Our strata manager refuses to hold our AGM at 6.30 pm. He says his office closes at 6 pm and will not accommodate an owner who cannot attend until 6.30 pm…
Question: There is no insulation under the concrete roof of my top floor apartment. On hot days, the apartment is basically unliveable. Is the Owners Corporation responsible for this problem? When the summer sun heats the concrete roof of my top floor apartment all day, that evening the concrete sheds its heat into the apartment!…
Question: I was told AGM vote was not valid as I had sent it in 12 hrs before instead of 24 hours. Why are the rules around voting at AGMs so strict? My ballot vote for our AGM was rejected as I sent it in 12 hrs before instead of 24 hours before, so…
Question: Can approval be granted for lot owner renovation – with a condition that works are NOT to commence before a certain date? A lot owner has made a application for a bathroom renovation with By-law included etc. At the upcoming AGM, can approval for the renovation be granted with a condition that works…
Question: I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Are they in breach of the legislation? I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Also, I had submitted…
Question: Our Strata committee has 6 members. Can any 3 strata members form a quorum without communicating with the other strata members? Our Strata committee has six members. I am told a quorum is three members. Do the six strata members have to be notified before a meeting or decision is to be discussed or…
Question: Can a vote on a decision be raised after a decision and expense has occurred? Under what circumstances does a decision require a special resolution? And who decides a special resolution is appropriate? Answer: Once an expense has been incurred and paid for it is difficult to reverse Once an expense has been…
Question: Can a husband and wife both hold positions on a strata committee? Answer: Provided the rules on nominations were strictly observed at the time of their appointment, there is no restriction on a husband and wife both being on the strata committee. For the full question and our detailed response, visit the original…
Question: Our strata manager insists all committee meeting minutes must be posted to the noticeboards. Isn’t it a legal requirement to supply the agenda directly to all lot owners? Meeting Procedures of Strata Committees I am a member of a strata committee in a strata plan containing 18 units. Our strata manager insists that…
Question: As a special resolution is carried if “not more than 25% of the value of the votes cast are against the resolution”, can I confirm that “not more than 25% against” is different from “75% or more in favour”? The Act says a special resolution is carried if “not more than 25% of…
According to Strata Community Association (NSW), here is the definition of: Proxy Voting: An owner who is unable to attend a meeting may authorise (give their proxy) to another person to exercise their vote. This is achieved via proper completion of the prescribed form. Quorum: The minimum number of owners required for a meeting to proceed….