NSW: Q&A Can You Run a Business from Your Apartment Garage?

  Question: If a strata block of units is zoned residential, can someone operate a manufacturing business from a unit? The person with the manufacturing business does not live in the building but owns the lot. It is like listening to someone urinating into a toilet bowl 24/7. Strata management is unable to offer any…

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NSW: Q&A Who sets the agenda, Explanatory notes

  Question: My neighbour has a water fountain in her yard next to my patio. It is like listening to someone urinating into a toilet bowl 24/7. Although the level of noise isn’t excessive, could this be considered a nuisance? My neighbour has a water fountain in her yard next to my patio. The fountain…

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NSW: Q&A Who sets the agenda, Explanatory notes

  Question: At our last AGM I proposed a motion that meetings be held after 6pm. Our Strata Manager denied the motion from being on the agenda. Does the Strata Manager have authority to dismiss a motion? proposed a Motion for our last AGM within the correct guidelines and timing, that being, that future Annual…

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

  Question: I believe one of our bylaw is harsh, unconscionable or unreasonable. As a lot owner, should I apply to NCAT for the Tribunal to decide or should concerns first be raised to the Strata Committee or at a General Meeting? Answer: The procedure is to make an application for an Order declaring the…

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NSW: Q&A Strata Management Termination and Appointments

  Question: One of our EC members has called a general meeting to terminate our current strata manager and appoint a new one. He states there is a dispute about the length of the current agreement. Should the meeting proceed or be postponed until the disputed term has been settled? I am a member of…

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NSW: Q&A Strata Unit Entitlements – How are they Calculated?

  Question: Some lot owners have requested a motion that the lot entitlements be updated. Can all costs incurred for the amending of the entitlements be payable by the owners requesting the amendments? We are holding a special meeting this week and some of the lot owners have requested a motion that the lot entitlements…

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NSW: Q&A Exclusive Use of Common Property

  Question: The building manager has taken over common area, installed a lock and now uses this space as a storage room. Can they change the room description and use without consulting owners? I am in a lot owner in a NSW residential 3 floor unit block. We have a common area drying room on…

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

Question: How can I stop the never-ending nightmare of raising special strata levies? We purchased a unit in April 2018 with special levies meant to finish in June 2020. The strata have continued to raise special levies and the quote agreed on in 2016 (apparently) has more than doubled. I want this money back. I…

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

Question: As a new owner can my building manager charge me $140 per access card x 4 to access my lot? As a new owner can my building manager charge me $140 per access card x 4 to access my lot? The two access cards provided by the previous owner have been deactivated. My family…

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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 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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