NSW: Q&A Where are my common property boundaries?

  Question: Who is responsible for the maintenance and repair of outdoor lights on each of the townhouse walls in both front and back yard? These external lights were installed when the townhouses were originally built. Answer: The exterior lights would likely be your responsibility. While we have not seen your by-laws or notations on…

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NSW: Q&A Carrying out External Paint Work

  Question: At no cost to the owners corporation, we’d like to paint an unpainted common area exterior wall. How can we get this action sanctioned and take advantage of this improvement? It has been suggested that we have some unsightly unpainted interior walls in our complex spruced up with a coat of paint. Currently,…

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NSW: Q&A Water damage on my ceiling from the apartment upstairs

  Question: The apartment upstairs had some water leakages which has damaged my apartment. Am I responsible for repairs to the damage inside my unit? I own an apartment in NSW which is tenanted and agent managed. The apartment upstairs had some water leakages which has damaged both the duct connecting the floors as well…

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New regime for the Disposal of Abandoned Goods

From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. The regulation of the treatment of abandoned goods in strata schemes has been transferred from the Strata Schemes Management Act, 2015 (NSW) (“SSMA”) to the Uncollected Goods Act, 1995 (NSW) (“UGA”). The process for the removal…

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NSW: Q&A Apartment fire regulations – Fire Doors

  Question: We need to shave a little off the bottom of our entry fire door to install new floorboards. Is strata responsible for modifying or replacing the fire door, since the front fire door is common property? I am installing floorboards in my apartment which will raise the existing floor levels, consequently, I may…

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NSW Q&A: Smoking Inside Your Apartment

Question: We live in a high rise apt block and a few years ago we voted against a no smoking building, but we are not allowed to smoke in all common areas. That is fair enough. I’m not a smoker. But living in the western suburbs with a reasonably large amount of tenanted apartments, most…

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Can parking in your own car space be considered a nuisance?

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…

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NSW Q&A: Who is Responsible for Exclusive Elevators?

Question: Who is responsible for a home lift totally located within the airspace of a strata unit, not accessible to any other unit owner and used exclusively by the owners/occupants of the residential unit? Is it the Owners Corporation or the Unit Owners? Answer: It is difficult to determine with any precision whether the subject…

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NSW: Q&A Submitting Renovation ByLaws for Review

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…

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

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…

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