Question: Our Strata Manager has been putting off our AGM since December. How can they be made to hold an AGM asap? We have issues that need to be addressed. Answer: An AGM must be held once in each financial year of the owners corporation. As set out in the extracts of the legislation…
Question: Whenever I submit a motion to be placed on the AGM agenda, it gets rewritten and changed. Why does this happen and is this action legal? Every time I ask for a motion to be placed on the agenda for the AGM, either the Strata Manager or the Strata Committee completely rewrite my…
Question: We had no knowledge an EGM was held to appoint a new strata management agent. Is this legal? Isn’t 7 day’s notice required for an EGM? Recently we found out that an EGM was held to appoint a new strata management agent. We had no knowledge of the EGM or the proposal for…
Question: When recovering late levy payments, can the Owners Corporation recover the costs of using a lawyer/debt collector from the recalcitrant owner? In a previous response you mentioned that when recovering late levy payments, the fourth letter of Demand should be “by lawyer/debt collector”. Who is preferred in the first instance, a lawyer or…
There have been 2 major developments at the Strata Community Association (NSW). Appointment of General Manager The SCA has just announced the appointment of Sadiye Ince General Manager, who will take on the full time position immediately. Sadiye has worked with the SCA for many years where she was able to see the intricate workings…
In February we featured that the NSW Government had bought in changes to laws which govern Short-Term Rental Accommodation (STRA). These changes to the STRA have now been delayed until November 1st, 2021. We are still hopeful that the NSW Government will implement a Short-Term Rental Accommodation Register by mid-2021. This register will require…
Question: I can’t seem to find any information on how to set up the trust account at the bank. What should we be aware of? I am a lot owner (block of 3) and we are looking at managing the strata ourselves. I can’t seem to find any information on how to set up…
Question: Is it legal to block access to a common area lift from the car park to the foyer? The Strata Committee is denying access to the elevator via the car park unless you have a doctor’s certificate stating you can’t walk up 12 steep stairs to the front entrance (which then leads to…
Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…
Question: Our strata manager allowed a Pest Company to attend my lot without notifying me or receiving permission. Can I report the Strata Management Company for organising unauthorised access to my lot? Our strata manager allowed a Pest Company to attend my lot without notifying me. The first I knew was when I found…
Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…
Question: Can a proxy vote be cast in AGM elections for Owners Corporation committee members? If Yes: The person granting a proxy to another person may not know who the committee candidates are, as candidates can be nominated as late as the AGM itself. Each incumbent committee member who be able to hold up…
Question: Do we need permission to tile over the top of tiles in our townhouse bathroom and laundry? We will not be disturbing the waterproofing or original tiles? Answer: Tiles are hard surface flooring and therefore considered a “minor renovation” under the legislation. If the strata committee has been delegated the power to approve…
Question: How many owners in a complex of 12 units are required to vote against a motion at an extraordinary general meeting. Answer: It depends whether you are asking about an unanimous, special or ordinary resolution. It depends whether you are asking about an unanimous, special or ordinary resolution. No one can vote against…
Question: We did not receive a levy invoice or a notice of arrears. The next period notice invoice for levies, strata is charging interest and there is a notice of arrears fee. Do we have to pay the arrears notice fee and interest if we never received the invoice? Answer: It depends whether you…
Question: Our neighbour drilled into our balcony to install an awning shade. What do we do now? Who is responsible if there is future damage due to the installation? Our downstairs neighbour got approval to set up an awning for her backyard. In her request she stated that drilling was ‘probably not required’, however,…
Question: A lot owner in our 5 lot NSW strata building is using the garage to store carpets for their business. What impact would this have on fire safety and strata insurance? Answer: You should contact your local council and make further enquiries there, as they have powers to stop the business being carried…
The NSW Government bought in changes to laws which govern Short-Term Rental Accommodation late last year. Residential tenancy laws have been changed to clarify that short-term rental accommodation arrangements of 3 months or less are not covered by the residential tenancy laws. On 18 December 2020, the new mandatory Code of Conduct and the accompanying Fair…
Question: Dogs at our complex yap for hours. The noise is driving me crazy but I’m not sure what I can do. Can you help? I live in a very large Strata unit complex. There is an overload of dogs here – almost like a Canine Hotel – but all in all they are…
Question: A lot owner wishes to sell one of their parking spots to me. What are the procedure, pit falls, legalities involved in starting this sale process? Is it possible? I am an owner with a two bedroom unit and one car spot. A neighbouring lot owner wishes to sell one of their parking…