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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Latest AirBnB News

A quick reminder about the AirBnB changes to the strata legislation which commenced on 10 April 2020 and the new smoke alarm requirements which commenced 23 March 2020. New Smoke Alarm requirements for landlords and agents From 23 March 2020, NSW landlords and agents are required to ensure that smoke alarms installed in rental premises…

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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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NSW: Q&A How To Deal With the Noisy Tenants In The Apartment Above

Question: I’d like the noisy tenants in the apartment above me to be aware of the disturbance they are creating and the lot owner to change the flooring and comply with sound proofing requirements. Is this achievable? The lot owner upstairs changed their flooring from carpet to timber floor without approval from strata. Since then,…

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NSW: Q&A How to Regulate Taxis on Common Property

Question: We get up to 4 taxis a day in the complex. The taxis blow their horn, park on common property and block the driveway. How can we control this? I own a townhouse in a complex. What can we do about taxis on common property areas like driveways? We get up to 4 taxis…

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NSW: Q&A Duties of Strata Treasurer. Is there a job description?

Question: Our Strata Treasurer holds a Petty Cash amount which we understand has been spent. We have asked for receipts but he has declined to table a reconciliation. What action can we take? I have a question relation to NSW Strata Schemes Management Act 2015 Section 93 The financial statements for any other fund must specify…

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New Short-term Airbnb Letting Laws

New AirBnB laws come into effect Friday 10th April 2020 by way of the insertion of a new clause 137A into the Strata Schemes Management Act, 2015 (NSW). Essentially: A by-law may only prohibit a lot from being used for short-term rental accommodation if the relevant lot is not the principal place of residence of…

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NSW: Q&A Proxy Votes & Quorum Requirements for Annual General Meeting

  Lot owners from NSW have questions about dealing with proxy votes and the quorum requirements for annual general meetings. Leanne Habib, Premium Strata provides the following responses. According to Strata Community Association (NSW), here is the definition of: Proxy Voting: An owner who is unable to attend a meeting may authorise (give their proxy) to another person…

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Q&A: Noise from floor of unit above

  Question: I have a problem with the neighbours upstairs. I hear every footstep as their dining room is directly above me. They have parquetry flooring and no rugs or other floor coverings in their living areas. Visitors to my apartment agree the noise is unbearable. I do not have a good relationship with these…

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NSW: Q&A Disabled Parking in Apartments

  Question: We purchased an Off-the-plan apartment and at the prepurchase inspection found our parking spot is the disabled parking space. Can they do this? Answer: You may have purchased what is known as an “adaptable” unit. It would appear you may have purchased what is known as an “adaptable” unit which is designed in…

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NSW: Q&A Capital Works Fund – What Do We Need To Do Now?

  Question: Is there a formula for setting strata levies to cover scheduled capital works and avoid a shortfall? We have identified a situation where projected levies will result in a shortfall. Answer: There is no accepted ratio for the determination of funds to be raised. There is no set “prudent” amount or accepted ratio…

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Rain Water Tanks and your Strata Scheme

  Last month was the warmest January on record globally, with Australia experiencing sweltering temperatures of 40ºC plus and smoke haze for days on end. In the past week we have had the wettest February in years with some suburbs receiving in excess of 150mm in a 24 hour period. Your Strata Scheme may look…

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NSW: Q&A If Executive Committee isn’t Acting Appropriately

  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…

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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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