Question: Is it ok to defer an AGM because of Covid-19? Many residents do not have internet so electronic voting will be difficult. If so, how long can it be deferred for? Answer: If the Owners Corporation holds an annual general meeting once in every financial year, it will comply with the strata legislation. Many…
Question: I left rubbish on common property for a short period of time. An executive committee member collected the bag and went through the contents to identify the owner. Is this a breach of my privacy? I recently left a small household garbage bag on common property to run back and retrieve my entry…
Question: I believe you wrote the following article which I read in Strata News @ 215: Q&A Proxy Vote Requirements for Annual General Meeting I have a similar issue arising with proxies in my own 5-Lot 2-storey townhouse Strata Plan 35133 in Tweed Heads NSW. Can you tell me the date your article was written…
Question: Our strata executive committee has been taken over by a group of lot owners who make decisions in their favour and no longer enforce bylaws. They don’t communicate with the rest of the committee. What do we do? Answer: Stand united at the next AGM and gather a proxy each and vote the current…
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…
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…
Question: Are there any templates available of renovation bylaws? Answer: Yes, you may purchase detailed renovation bylaws which regulate the carrying out of renovations and modifications Yes, you may purchase detailed renovation by-laws which regulate the carrying out of renovations and modifications to a lot which may specifically authorise the executive committee to sign off…
Question: What are the protocol and procedures for dealing with requests from a Lot owner for an EGM and a motion on the agenda? Answer: Instead of convening a meeting specifically for the requirement, you may place the motion on an agenda for the next general meeting No. Schedule 1 Clause 4 (3) requires the Secretary…
Inactive Body Corporate Member Could you please advise if a member of our Executive Committee – ‘Community Title’ – who has not attended any meetings since election but has proxied other members can be removed due to non participation. He also doesn’t answer emails sent out by the committee. Thanks for your help! Answer: The legislation contemplates…
Faulty Waterproofing I live in a unit complex in Sydney and there are 76 units. My strata contracted (& paid for) a company to come fix my faulty waterproofing on my balcony. In order to access the faulty waterproofing, the company had to remove/lift the wooden deck on the balcony. During the process of repairing the faulty…
Question: I have to write a motion for our upcoming general meeting. I was wondering if I could get a sample motion as I have never written a motion before. Answer: You could start with the below template. THAT The Owners – Strata Plan No. XXXX *RESOLVE/*SPECIALLY RESOLVE to *Delete which does not apply A…
Question: How long can a strata committee member or chairperson hold positions in executive committee? Also, can the committee engage designers without lot owners agreeing to this appointment? Answer: No this is not permissible. Only one of them can seek nomination. As you may know, the number of members is determined annually at each…
A Look Up Strata reader living in a NSW strata titled building where the majority of the strata executive committee has resigned from their positions, wanted to know what could be done. The cause for these mass resignations is one long-term committee member who is trying to retain control of the building and how the…
A LookUp Strata reader in NSW wrote about their Strata Committee who pay themselves an undisclosed amount for activities performed, which is never itemised in the financial statements. The reader wondered whether the Strata Committee can pay themselves these undisclosed sums, and ignore Section 46 of the Act, and overriding the committee decision making process? In…
A LookUpStrata reader, who recently moved into a unit, wanted to know how he could get an entrenched and highly resistant executive committee to acknowledge their obligations under the new legislation, to have a 10 year plan, have it professionally costed and take immediate steps to raise the required funds to support it as well…
A LookUp Strata reader, owning a unit in a resort style strata accommodation in NSW, wanted to understand whether the invoicing procedures used in her strata plan were proper and following appropriate accounting procedures. In summary, the party requiring the works is the party that should be invoiced; however, if you have other parties assisting with…
A LookUpStrata reader wanted to know whether a tenant and a landlord of the same unit could hold positions in executive committee? In summary, this is not permissible. Only one of them, either the tenant or the landlord, can seek nomination. The response prepared is based on the assumption that it is the owner nominating his…
Leanne provided a response to a LookUpStrata reader’s question, who wanted to know whether despite a lack of meeting notice and agenda these meetings and decisions are still valid. This is a great question, and in summary the answer is that the failure to post minutes and give proper notice as required under the Strata…
A LookUpstrata reader wanted to know how they can obtain a copy of a building defects report regarding building issues which is affecting their unit. The Owner’s Corporation does not want to release the report, and is not willing to cooperate. Leanne provided a response to this rather difficult question: If the reports are obtained…
This question from a lot owner concerning registering strata bylaws was submitted to LookUpStrata. Another owner in the building advised the Executive Committee that the local council had ordered him to convert the apartment, which was originally built as 2 units, back into one apartment. He subsequently started this work, including some upgrades. Our LookUpStrata…