Question: Does the Strata Manager circulate an EGM notice and voting papers without consulting with the Committee, or is the SC meant to vote on what is included in the EGM agenda? I have a question about who determines what is included in an EGM agenda? Can the Strata Manager simply circulate an EGM notice…
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…
Question: Can an EGM be called to reverse the decision of a majority at an AGM? The owners corporation by a majority vote accepted the proposed strata levies at our AGM. Levies supported by appropriate budgets, explanations and Capital Works Funding Plan. A group of dissatisfied owners (just enough to make the 25% required for…
Question: I have neighbours who wake me every morning between 6am and 7.30am either by doing a wash, using the bathroom or kitchen, or opening and closing a sliding door by my bedroom. Quite clearly I can’t stop them using the bathroom but it’s the noise the pipes make that wakes me. They bang every…
Question: I suspect my committee is meeting secretly and calling themselves a sub-committee, for the purpose of keeping proceedings of a significant matter away from residents. For a Community Scheme in NSW, does the legislation state that an agenda must be sent to all lot owners prior to a committee meeting being held, and that…
Question: We discovered a leak in the ceiling of our newly renovated bathroom. Strata will fix but will cover the repair hole with a vent. We’d like it returned to the condition it was in prior to the leak. I recently noticed a drip through a light fitting in my main bathroom. We completely renovated…
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…
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…
Question: Now the evenings are getting cooler, we are wondering if we can set up a small fire pit on our apartment balcony. We have units and balconies both above and below us. Since we’ve been in lockdown, we tend to spend quite a bit of time on our apartment balcony to get fresh air…
Question: A tenant is setting up a physiotherapy business in their garage. Could you please tell us what procedures are required for a resident to run a business from their apartment garage? One of the tenants in our building has decided to set up a business in her Unit’s garage. They are in the process…
Question: I’d like the noisy tenants in the apartment above me to be aware of the disturbance they are creating and the lot owner to change the flooring and comply with sound proofing requirements. Is this achievable? The lot owner upstairs changed their flooring from carpet to timber floor without approval from strata. Since then,…
Question: We get up to 4 taxis a day in the complex. The taxis blow their horn, park on common property and block the driveway. How can we control this? I own a townhouse in a complex. What can we do about taxis on common property areas like driveways? We get up to 4 taxis…
Question: Our Strata Treasurer holds a Petty Cash amount which we understand has been spent. We have asked for receipts but he has declined to table a reconciliation. What action can we take? I have a question relation to NSW Strata Schemes Management Act 2015 Section 93 The financial statements for any other fund must specify…
New AirBnB laws come into effect Friday 10th April 2020 by way of the insertion of a new clause 137A into the Strata Schemes Management Act, 2015 (NSW). Essentially: A by-law may only prohibit a lot from being used for short-term rental accommodation if the relevant lot is not the principal place of residence of…
Lot owners from NSW have questions about dealing with proxy votes and the quorum requirements for annual general meetings. Leanne Habib, Premium Strata provides the following responses. 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…
Question: Is it ok to defer an AGM because of Covid-19? Many residents do not have internet so electronic voting will be difficult. If so, how long can it be deferred for? Answer: If the Owners Corporation holds an annual general meeting once in every financial year, it will comply with the strata legislation. Many…
Question: Our Strata Manager refuses to show lot owners the trust fund. Are they obligated to show us? We suspect the Strata Manager of mishandling the finances. Our strata manager has been with us less than 1 year and we found out that the management agreement contract is signed for 3 years by 2…
Question: I was just reading today’s newsletter and thought i would let you know an avenue i took for charges being illegally placed onto my levy statement, re the question posted in the 214 newsletter: Question: After calling our new strata management company for information, I have personally been charged a sum. Until the…
Question: I believe you wrote the following article which I read in Strata News @ 215: Q&A Proxy Vote Requirements for Annual General Meeting I have a similar issue arising with proxies in my own 5-Lot 2-storey townhouse Strata Plan 35133 in Tweed Heads NSW. Can you tell me the date your article was written…
Question: I have a problem with the neighbours upstairs. I hear every footstep as their dining room is directly above me. They have parquetry flooring and no rugs or other floor coverings in their living areas. Visitors to my apartment agree the noise is unbearable. I do not have a good relationship with these…