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…
Medium density housing approvals to become faster and cheaper from 6th July 2018! From 6th July 2018, developers proposing to erect new terraces and other medium-density housing will fall under the umbrella of a new housing code and design code to be adopted by the NSW government, which aims to increase the number of medium-density…
Question: Leading up to our AGM, our Strata Manager was holding too many proxies, so divvied them up to lot owners. Can this be done? Can you also explain the quorum requirements for annual general meeting? Answer: For the quorum in your scheme – at least ¼ of persons present or ¼ of unit entitlements….
Commencing on 1st July 2018, GST withholding obligations will be shifted from the developer to the purchaser of affected properties. The new laws only affect contracts which settle on and after 1st July 2018 and according to the REINSW the transitional provisions exempt contracts for sale entered into before 1st July 2018 provided that the…
A while ago J.S. Mueller & Co Lawyers published an interesting article about access to strata titled buildings for disabled residents. The article dealt with the important question whether an Owners Corporation must modify common property to accommodate the less able residents. “These residents may not be able to pass to and from their lots unless…
We have previously posted on the new window safety requirements, which come into effect in NSW on 13 March 2018. “To prevent children falling from windows, all strata buildings in NSW must be fitted with devices that enable their windows to be locked at 12.5cm when the devices are engaged. Owners corporations must have devices installed…
Following the commencement of the Strata Schemes Management Act 2015 (NSW) the secretary of an owners corporation must keep a consolidated up to date copy of the by-laws for the strata scheme. (You can read more about the new Act here) One large change is that since 30 November 2016 the LPI has issued a…
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 wanted to know more about the implications of not having a licensed NSW strata manager. The reader wondered whether their contract which was signed with a licensed agency is still legally binding because the Strata Manager managing their building was not licensed. These issues are governed by the Property Stock & Business Agents Act,…
We wanted to provide you with this update regarding the implementation of the NSW Residential Developer Bond and Defect Inspection Regime. This ‘Developer Bond Regime’ was to be introduced by the new Part 11 of the Strata Schemes Management Act 2015 (NSW), which came into effect on 30 November 2016. The regime entails the provision…
In the case of sole trader Strata Managers (one person), how does the Executive Committee gain access to the Strata Trust Account if their strata manager passes away? In brief, the Unclaimed Money Act 1995 (the Act) now applies to unclaimed money held in a trust account under the Property, Stock and Business Agents Act 2002….
A LookUpStrata reader wanted to understand whether it is allowed for a Building Manager to use their proxies to vote on the negotiation of their agreements. The Caretaker / Building Managers wanted their Management agreement returned to 10 years instead of the 7 years left on original agreement. They also wanted their remuneration doubled for both of…
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…
We have written a new article explaining the available penalty options for by-law breaches in NSW strata buildings. Strata residents in breach of any by-law, risk that the Owners Corporation makes an application to NCAT for the imposition of a civil penalty for breaching the by-law. Such penalties are quite severe. The new strata legislation…
A LookUp Strata reader wanted to know what can be done about inaccurate meeting minutes. In summary, at the next general meeting there will be a motion confirming the minutes of the previous meeting. This will be your opportunity to correct any resolutions inaccurately minuted at the prior meeting. Read the full question, and our…
“To prevent children falling from windows, all strata buildings in NSW must be fitted with devices that enable their windows to be locked at 12.5cm when the devices are engaged. Owners corporations must have devices installed on all common property windows above the ground floor by 13 March 2018. If the window safety requirements are…
Leanne provided a response to a LookUpStrata reader’s question regarding proxy voting forms. Click this link to read the full question, and our response.
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…
After many years of discussions and consultation, today the new strata laws are finally coming into effect! At Premium Strata we have been working very hard to ensure that our team is fully trained and that all our processes and templates reflect the new requirements. We would like to thank our team for all their hard…
As we count down to the 30th of November, we wanted to test your knowledge of the new strata legislation through a number of quiz questions. Over the coming 2 weeks we will publish 5 questions and answers. Why not have a go? Today our fifth and final question: True or False? Tenants can now…