NSW: Q&A Can’t Get Access from Neighbour to Install NBN

  Question: The owner of my neighbouring unit refuses to allow access to his roof space so I can install NBN to my apartment. Can he be forced to allow access? Answer: The NBN technician will know what statutory rights. The NBN technician will know what statutory rights to access he has for his carrier…

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NSW: Q&A Who Do I Contact for Repairs to Common Property?

  Question: Is it allowable/acceptable to get in touch directly with strata manager for unit repairs to common property, rather than go through the executive committee? Answer: Yes, because in all likelihood, before the strata manager issues a work order for the repairs (subject to the extent of repairs), the strata manager will seek approval…

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NSW: Q&A Strata Obliged to Supply a Common Area Water Tap?

  Question: In NSW is there is an obligation for the strata to provide a common area water tap / garden tap for use of residents for garden watering and car washing? Answer: There is no general obligation to install a common area tap to which you refer, however, the owners corporation is free to do…

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Q&A Vetos and Alterations to Common Property in NSW

  Question:This site recently replied to an SA question about Common Property Alterations. Is the response also applicable for alterations to common property in NSW? Answer: The balance of decision making power by an owners corporation is by simple majority. Changes to common property in NSW and Types of Resolutions The NSW position regarding changes…

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NSW: Q&A How Does the Committee Organise a Leaky Roof Repair?

  Question: What steps do we take to organise a leaky roof repair? What if some owners refuse to pay? Answer: The roof repairs will be common property and a repair that jointly the Executive Committee and the appointed Strata Manager would arrange for its repair. The roof repairs will be common property and a repair that…

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NSW: Q&A Exclusive Use of Common Property

Question: An ordinary resolution passed in 1991 at a general meeting voted to allow owners to park on common property and gave them allocated spaces. Do these owners have exclusive use rights of the common property? Answer: As no by-law was created, no exclusive use was validly created. This is a complex legal question, however,…

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NSW: Q&A Children and Noise Complaints in Apartments

Question: Are children excluded or exempted from breaching any provisions in the Strata Schemes Management legislation or any By-Law Clauses of the Strata Plan? Answer: Occupiers of the lot are responsible to ensure no noise may interfere with someone else’s use of their lot or common property. In our view it is not that they…

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NSW: Q&A Can an Apartment Garage be Used Exclusively for Storage?

Question: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance? Answer: Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor…

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NSW Q&A: Strata Dispute Resolution: When the OC Breaches NCAT Orders

  Question: During the strata dispute resolution process, if an Owners Corporation breaches court orders, what recourse does the owner have? Answer: The failure by the owners corporation to comply with the NCAT Orders could be the basis upon which to seek the compulsory appointment of a strata manager. The failure by the owners corporation…

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Ask Premium Strata – Centreline Rule

Centreline Rule Question: I have been reading up on your weekly posts regarding the ‘Centreline Rule’ for Strata Plans registered before 1974. I read that Bannermans Lawyers response was that the boundary between lots applies to walls, floors and ceilings etc. Do you agree? What’s your opinion, does it applies to floors? Answer: Great to hear…

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NSW: Q&A Fined for not using the visitor parking spaces

  Question: I was fined for not parking in a visitor parking space at my girlfriend’s apartment. They are pursuing her for the money. Is this parking fine from the owners corporation valid? Answer: Only NCAT has jurisdiction to issue “fines” or “penalties” in this context. Therefore, it is highly unlikely this fine could be enforced. Only…

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