As a trusted Strata Insurance partner, we strive to keep our clients updated and informed. This update seeks to define the key factors impacting the pricing and availability of strata insurance in the current market, so that you can make an informed choice on the best offer of insurance. CURRENT MARKET CONDITIONS For the…
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…
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…
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…
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…
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…
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: 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…
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…
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…
Question: Without a specific bylaw referring to this, can an Owners Corporation or the Strata Committee insist that a Real Estate Office erect their signs only on a Particular Area of the Common Property? We have one owner in our small I live in a block of 12 units in Sydney NSW. We do not…
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: Do we need permission from the owners corporation to install an entertaining area, including a sink and lighting, in our villa’s backyard? In a Villa complex can an owner build an entertainment area in their backyard? The structure’s roof is attached from the facia board under the eaves of the back of the villa to…
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…
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…
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….
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…
Question: A lot owner has carried out works on his balcony and installed air conditioning without approval. What steps should the OC take to protect themselves? An owner has tiled his balcony and installed air conditioning with a visible compressor sitting on the balcony. The owner has not obtained permission and we do not…
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…