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 Monitoring the Owners Corporation During Strata Purchase

  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…

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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 Owners Corporation Committee Decisions

Question: The committee chair entered into a $13,000 contract with a landscaping company without the deal being minuted. What can be done to censure the chair and what can be done to legitimise the deal? Answer: We would recommend ratifying the decision at a general meeting of the owners corporation. In the absence of bad…

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NSW: Q&A Disabled Parking Rules in Apartments

  Question: My lot has a huge disabled parking spot for my adaptable unit. It’s big enough for 2 small cars. Is there a regulation or law that restricts me from parking 2 cars in this space? My lot has a huge disabled parking spot for my adaptable unit. It’s big enough to park 2…

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NSW: Q&A Owners Corporation Committee Decisions

Question: Two Committee members made changes to common areas without any vote and used the common seal without approval. What process should have been followed? We are a strata of 3 townhouses. Is it illegal for 2 committee members/owners to use our strata’s common seal representing the Owners Corporation without having put the use of…

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NSW: Q&A Common Property Defects and Reimbursement for Repairs

  Question: The Owners Corporation is undertaking remedial waterproofing on a common property rooftop terrace which is included in our title. They have asked us to move our large pots and spa. Shouldn’t this be there cost? The Owners Corporation is undertaking remedial waterproofing on a common property rooftop terrace which is included in our…

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NSW: Q&A Building Appearance: Changing the appearance of the lot

  Question: Our Strata manager demands we remove vines from our lot because they are changing the appearance of our complex. We have planted vines around our lot which have grown but are not covering any other lot. Our Strata managers insist we are changing the appearance of our complex and are demanding their removal….

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NSW: Q&A Foyer Christmas Decorations Purchased by Strata Funds

  Question: We have discussed putting up some foyer Christmas decorations. Some residents have voiced their concerns about strata funds paying for the cost of acquiring the seasonal decorations. Our strata has an uninteresting entry foyer that would benefit from some visual enhancement. Hanging some artwork on the blank walls would make both residents and…

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NSW: Q&A Owners Corporation Committee Decisions

  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…

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NSW: Q&A Duty to Maintain and Repair Common Property

  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…

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