Latest Strata Developments for New South Wales

  The Strata Schemes Management Amendment (Sustainability Infrastructure) Act, 2021 No 1 (NSW) (the “Amendment Act”) has introduced important amendments to the Strata Schemes Management Act, 2015 (NSW)(the “Act”). Keeping of animals You may have seen the media coverage of the landmark NSW Court of Appeal decision in Cooper v The Owners – Strata Plan No. 58068 [2020] NSWCA 250 (“Cooper”) which…

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NSW: Q&A Special Levies, Levy Payments and Overdue Levies

  Question: My strata manager is withholding some of my levy notices. How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails? I think my strata manager is withholding some of my levy notices. They say I am unfinancial, therefore I could not vote at the…

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NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

Question:Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer? Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer. This bylaw outlines permission and the terms and conditions for owners to install ducted split air conditioning systems, roof…

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NSW: Q&A Owners Corporation Committee Decisions

Question: How do we force a decision in a 4 unit, self-managed complex? There are always 2 for and 2 against. Strata is a democracy and it comes back down to a vote. Generally a four lot scheme can create more work than a 400 lot scheme because of that one reason where you just…

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NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

  Question: What are the requirements for owning and or residing in an over 55s strata property? Does the owner or all residents need to be over 55 to live in a retirement village? Our Strata is an over 55s or invalid property. Can a purchaser be stopped from buying a lot in a retirement…

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NSW: Q&A Positions on the Strata Committee

  Question: Is the chairperson elected before each meeting? Answer: If you haven’t elected a chairperson, secretary and treasurer, to remain in office for the term of their appointment, you can elect a chairperson for each meeting. At a general meeting, you elect your strata committee, but you don’t elect the office bearers position. This…

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NSW: Q&A The Right to Access Your Strata Lot

  Question: My allocated parking spot has a tree in front if it which makes accessing the spot especially challenging. What can I do? I am currently renting a strata unit with an allocated parking spot. My allocated parking spot has a tree in front if it which makes entering and exiting the spot especially…

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NSW: Q&A Accessing Strata and Owners Corporation Information

  Question: Is there a code of conduct for owners corporations in NSW. I am especially interested in privacy regarding matters between the owners corporation and the owners. Answer: Strata Community Australia has a Code of Ethics, see link below: Strata Community Australia has a Code of Ethics: Code of Conduct – Strata Community Association The…

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Finalised Framework for Short-Term Rental Accommodation

  Following extensive consultation with the community and holiday-letting industry, the Short-Term Rental Accommodation (STRA) framework has been finalised. The new regulatory framework seeks to ensure local communities continue to enjoy the economic benefits of STRA, while managing potential adverse impacts. Importantly, the new STRA policy includes a deferred commencement clause and consultation is ongoing…

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NSW: Q&A Issuing and Enforcing a Notices to Comply with a By Law

  Question: Should legal representation be obtained by an Owners Corporation before applying to NCAT for a hearing for failure to comply with by-laws? Should legal representation be obtained by an Owners Corporation before applying to NCAT for a hearing for failure to comply with by-laws? At an NCAT hearing regarding continued failure to comply…

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NSW: Ask Us Anything Strata Webinar featuring our CEO Leanne Habib

  On Wednesday June 8 Leanne Habib founder of Premium Strata joined Nikki Jovicic from LookUpStrata to talk about the NSW rollback of amendments and answered owners NSW Strata questions. During the session, Leanne addressing the rollback of COVID-19 strata amendments in NSW which, among other things, relaxed the manner in which to vote at meetings (eg electronic voting is no longer automatically permissible)…

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NSW: Q&A The Right to Access Your Strata Lot

  Question: Can other lot owners walk through my car parking space? Answer: No. Technically this is trespass because you own the cubic air-space of the lot through which they are traversing. It may potentially be a nuisance too For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have…

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NSW: Q&A Accessing Strata and Owners Corporation Information

  Question: As an owner do I have the right to approach committee members for information about current issues and does the committee member have the right to share that information? Answer: You have automatic rights to be apprised of all current issues affecting your scheme. While an open relationship with the strata committee is…

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