Short-term Letting Update The Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (NSW) was recently passed by both Houses and assented to. It has introduced a new Section 137A to the strata legislation which states that a by-law may prohibit short-term letting for non owner-occupiers. In other words, a by-law cannot prevent an owner-occupier…
Question: Water has been leaking from our front yard into the car park below for a few years without resolution. Must I use the strata’s expensive contractor for the basement waterproofing? How do I get the committee to act? Answer: You may get another quote from another contractor, however, make sure that the quote…
Question: Is the front door common property or the responsibility of the owner? Do lot owners need to seek permission to install deadlocks? Answer: Subject to any notations on the strata plan and applicable by-laws, a front entrance door is common property. As front doors are “fire-doors” for fire safety, the installation of additional…
Intercom Systems Question: Hi Leanne, I’m a regular reader of your weekly Strata News and I had a query for you: Does the Owners Corporation have an obligation to provide an Intercom system for the building that it supervises? Answer: We are pleased to hear that you are regular reader of our articles! While there is…
Question: The floor in a lot’s kitchen has to be repaired because of concrete cancer. The lot owner now wants the owners corporation to pay for a new kitchen. Answer: The Owners Corporation would need to address concrete cancer and then reinstate the kitchen with like for like. It sounds like the kitchen is…
Question: Water has been leaking from our front yard into the car park below for a few years without resolution. Must I use the strata’s expensive contractor for the basement waterproofing? How do I get the committee to act? Answer: You may get another quote from another contractor, however, make sure that the quote…
It’s the law! Owners Corporations are required by law to repair & maintain the common property. The new legislation allows individual lot owners to sue the Owners Corporation and recover any damages suffered by an owner as a result of the Owners Corporation’s failure to properly repair & maintain the common property. Preserving and…
Bathroom Renovation Question: One of the lot owners in our strata complex requires a major bathroom renovation and is expecting the owners to pay for it – is this correct? Answer: It depends on why the owner requires a major bathroom renovation. Presumably, it is because there is some defect in the common property slab…
Owners Corporation & Animals Question: I was under the impression that there was legislation that said an Owner Corporation could not make laws to prohibit animals on any lot. However, it is important to have rules around common property and other sensible rules around owner and pet behaviour Could you please advise? Answer: An Owners…
Can parking offenders be towed from the common property? Under the new strata legislation, the Owners Corporation has finally received new powers to tow vehicles in breach of by-laws. On the downside, the Owners Corporation must tolerate the offending vehicle for at least five (5) days before it may take any action. Upon service of…
Despite the highly anticipated “pet-friendly” amendments to the new strata legislation, animals are still not automatically permitted in strata schemes unless they are assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth. So, you have a statutory right to keep an assistance animal within strata. However, if your animal is…
Question: Before I owned my apartment, another lot owner was given exclusive use of common property. The area is quite large and I’m perturbed I no longer have access. Is there anything I can do? Answer: While it is difficult, it is not unheard of that an exclusive use by-law be repealed. It is…
A LookUpStrata reader and unit owner wanted to understand whether the Owners Corporation has a duty to clearly mark common property. The reader purchased a unit without realising that the area outside their unit was a much used common property walkway. In summary, irrespective of there being no visible markings for the common walkway, with…
A LookUpStrata reader wanted to know what can be done about a lack of privacy in their apartment due to a common walkway directly outside of their door and patio. Unfortunately, if the area in question is properly categorised as common property and there are no by-laws restricting access to that area, there is little…
Leanne provided a response to a LookUpStrata readers question. The reader wanted to know what can be done to ensure that the Executive Committee fulfills its duty of maintaining common property. We advised the lot owner to put their Strata Managing Agent on notice that the Owners Corporation is in breach of its duties. Read our…
We covered this in an earlier article on the imminent strata law changes. however we thought this article was worthwhile sharing. In this article, Jimmy Thomson from the Flat Chat column in the Domain explains how DIY renovators need to be mindful that many activities will need prior approval by the strata committee before commencement of…
Leanne has provided a response to a reader’s question received by LookUpStrata. The reader has residents of higher apartments who overlook her balcony, dump waste and cigarettes butts over their balustrades, which end up in her outdoor area. Naturally, the reader wanted to understand what can be done. You can read the full question, and Leanne’s response…
A Look Up Strata reader asked what can be done about theft of plants from common property gardens in strata buildings. Without knowing the perpetrator it is difficult to pursue action, however there are a number of steps an owners corporation can take. Read Leanne’s response in the original article by clicking here.
Our CEO, Leanne Habib, provided a response to a LookUpStrata reader’s question regarding sanding and polishing floorboards. In short the answer is ‘it depends’. If the flooring was installed at the time of construction, has not been altered since by an individual owner(s) and is affixed to the common property floor slab within your lot,…
As you might be aware, our CEO Leanne Habib frequently answers readers questions for LookUpStrata. This article covers the installation of a stair lift for a disabled lot owner for which consent of the owners corporation via a special resolution and special by-law would be required. Read the full question, and Leanne’s response here.