Q&A Yapping Dogs

Yapping Dogs I live in a very large Strata unit complex and there is an overload of dogs here – almost like a Canine Hotel – but all in all they are well mannered but there are those, that, at times bark and yap for an hour to 5 hours at a time. I find it to…

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NSW: Q&A Can You Run a Business from Your Apartment Garage?

  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…

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NSW: Q&A Who sets the agenda, Explanatory notes

  Question: My neighbour has a water fountain in her yard next to my patio. It is like listening to someone urinating into a toilet bowl 24/7. Although the level of noise isn’t excessive, could this be considered a nuisance? My neighbour has a water fountain in her yard next to my patio. The fountain…

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NSW: Q&A Who sets the agenda, Explanatory notes

  Question: At our last AGM I proposed a motion that meetings be held after 6pm. Our Strata Manager denied the motion from being on the agenda. Does the Strata Manager have authority to dismiss a motion? proposed a Motion for our last AGM within the correct guidelines and timing, that being, that future Annual…

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NSW: Q&As Strata Hub: What do you need to know?

  Question: Our Strata Manager insists on using a single first point of contact to liaise with regarding strata matters for the coming year. Is this usual? In our complex of 22 owners, we recently held our AGM. Of the 6 owners who were at the meeting, 3 owners volunteered to serve on the committee….

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NSW: Q&A Do We Need a ByLaw For That?

  Question: Does the strata Committee have the legal right to sell framed art pieces in common areas without all lot owner’s permission? Answer: Yes, a general meeting of the Owners Corporation would be required and there are likely local council consent and insurance implications. We consider that, at minimum, the Owners Corporation would need…

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NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

  Question: I believe one of our bylaw is harsh, unconscionable or unreasonable. As a lot owner, should I apply to NCAT for the Tribunal to decide or should concerns first be raised to the Strata Committee or at a General Meeting? Answer: The procedure is to make an application for an Order declaring the…

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NSW: Q&A Who sets the agenda, Explanatory notes

  Question: At a committee meeting, I proposed a motion concerning a topic under discussion for the committee to adopt. The topic had been included in the meeting agenda. The strata manager ruled the proposed motion ‘out of order’. Is this correct? A committee meeting was called by our strata manager with a written agenda…

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NSW: Q&A Remediation of Serious Building Defect

  Question: A poorly constructed box gutter channels rainwater into our apartment. We’ve been requesting help from the owners corporation for years, but they keep pushing us aside. What do we do? We have a rooftop on our apartment that runs parallel with a poorly constructed box gutter. This box gutter has water runoff from other…

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NSW: Q&A Positions on the Strata Committee

  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…

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NSW: Q&A Strata Management Termination and Appointments

  Question: One of our EC members has called a general meeting to terminate our current strata manager and appoint a new one. He states there is a dispute about the length of the current agreement. Should the meeting proceed or be postponed until the disputed term has been settled? I am a member of…

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NSW: Q&A Strata Unit Entitlements – How are they Calculated?

  Question: Some lot owners have requested a motion that the lot entitlements be updated. Can all costs incurred for the amending of the entitlements be payable by the owners requesting the amendments? We are holding a special meeting this week and some of the lot owners have requested a motion that the lot entitlements…

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NSW: Q&A Exclusive Use of Common Property

  Question: The building manager has taken over common area, installed a lock and now uses this space as a storage room. Can they change the room description and use without consulting owners? I am in a lot owner in a NSW residential 3 floor unit block. We have a common area drying room on…

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NSW: Q&A Installing air conditioning in an apartment

Question: Does the strata committee have the right to block me replacing my non-working aircon unit with a similar unit? I have applied to strata committee to replace my ageing non-working air conditioning unit with like replacement. I have sent detailed plan of replacement to the committee. There are no new attachments or invasion of…

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NSW: Q&A Strata approval for renovations – What is the process?

  Question: I’m seeking approval for new floorboard, but the committee insists upon a specific and expensive underlay. Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen? I’m seeking permission from the Exec Committee to update my old floating floorboards to new…

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NSW: Q&A Who sets the agenda, Explanatory notes

Question: Can significant matters that require special resolutions be raised verbally under a general heading at the AGM? At our recent AGM, two matters were discussed that where not specified on the agenda. Both items were raised verbally. The first was under ‘Maintenance’. The second matter, requiring a special resolution, was introduced in our Zoom meeting…

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