Question: If a strata block of units is zoned residential, can someone operate a manufacturing business from a unit? The person with the manufacturing business does not live in the building but owns the lot. It is like listening to someone urinating into a toilet bowl 24/7. Strata management is unable to offer any…
Question: Our renovation has been approved but we have been told to cease work until the bylaw has been registered. As approval has been granted, is it reasonable to withhold consent to commence? We are looking to renovate our kitchen and bathroom. Strata has approved the renovation however the Strata Manager says we can’t…
Question: Our committee has accepted a new MAA while we still had a year on the current agreement. There are fee increases and other changes. Why would this occur? I’m new to owning a strata lot and new to being on committee. A new managing agency agreement was presented at our AGM and quickly…
Question: Although our committee is made up of 8 members, the position of Treasurer, Secretary and Chairperson are all held by the same person. Is there something in legislation to say this can be or can’t be done? Answer: This scenario is contemplated by the strata legislation. This scenario is contemplated by the strata…
Question: When a strata property is sold, who is responsible for updating the strata ownership records? Is it the vendor or the purchaser’s responsibility? Answer: This is both the vendor’s and the purchaser’s responsibility. This is both the vendor’s and the purchaser’s responsibility. During the conveyancing process a “strata interest notice” pursuant to Strata Schemes…
Strata Hub is nearly ready to go live! As you will have read from our previous newsletters, the NSW Government has introduced a new portal, Strata Hub, to enable ease of access to key information relating to strata schemes. There has been a delayed start date due to the large number of strata schemes…
Question: Is my landlord or the strata obliged to provide tenants with access to all common areas? We have no access to the common area rooftop. I rent in a block of 42 apartments. Although there is a common area on the rooftop, not every resident has been given a key. Is my landlord…
Question: Is a special resolution required for the removal of a large hedge at the front of our five lot strata building? Our block of 5 units has a very large hedge at the front of the property. The hedge provides privacy from the street for two of the apartments. The hedge also provides…
The Strata Schemes Management Amendment (Information) Regulation, 2021 (NSW) commences on 30th June 2022. Owners Corporations will have to provide information annually to Fair Trading in the approved form: for the first time— if the first annual general meeting of the owners corporation is held on or before 30 June 2022—by 30 September 2022, or…
Question: Can we wash a car on common property in NSW? At our single-level complex of 18 villas, we each have one garage. Can we park a vehicle on common property in front of our own villa, not blocking any access or garage, to wash a vehicle using our OWN water? Answer: As the apron…
Question: In the AGM last year, we all voted to have a defibrillator. The chairman and secretary voted against it and in every meeting since have decided to ask a lawyer their legal rights and are digging their heels in. Can they do this? Answer: It may be that the strata committee is seeking…
Question: Who is responsible for a broken window in a strata unit? Who is responsible for a broken window in a strata unit? Who should be invoiced – the tenant (occupying at the time the glass broke), the owners, or the Owners Corporation? I have read the Fair Trading Common Property Memorandum but under 9 Windows…
Question: My new neighbours in the unit above uses incense in their unit every day. The smell fills up my unit and in the public passageway. What legal rights do I have? Is it all right to get the police involved? Answer: BBQ smoke, cigarette smoke and possibly incense smoke drift could potentially be…
Question: Our secretary takes full control at meetings, will not let anyone make any comments or ask any questions. We all feel very bullied by this person. What can we do? At our monthly Owners Corporation meetings, although the whole committee including the chairperson attended, the meeting was run by our overbearing secretary. We…
Question: We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other lot do not want to pay for the property to be repainted. We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other…
Question: Can Owners Corporation members use their unit entitlements when calling a poll vote to form a strata committee? Answer: In some circumstances, the motion can be decided according to the value of unit entitlements voting for or against. In short, yes. Generally, a motion put to a meeting, or an election of officers of…
Question: How can I stop the never-ending nightmare of raising special strata levies? We purchased a unit in April 2018 with special levies meant to finish in June 2020. The strata have continued to raise special levies and the quote agreed on in 2016 (apparently) has more than doubled. I want this money back. I…
Question: If I replace my old window and the owners corporation decides to replace all windows in the future, will I be liable for the special levy? I am about to renovate my unit and want to replace an old window with a louver. This process will cost about $5,000. I don’t mind paying, however,…
Question: Our Strata Manager keeps coming into my garage to have a look around etc. Am I entitled to ask them politely to ensure all correspondence between us is through email, text or phone call? Answer: It is unclear why your strata manager keeps trespassing. Yes, absolutely, you should ask them to refrain from…
Question: If an issue in common property leads to flooding in the unit and damage to the unit, is the owners corporation responsible to repair or reimburse the costs incurred to fix the damage? If an issue in common property leads to flooding in the unit and damage to the floor or ceiling within…