NSW: Q&A Common Property Defects and Reimbursement for Repairs

  Question: The Owners Corporation is undertaking remedial waterproofing on a common property rooftop terrace which is included in our title. They have asked us to move our large pots and spa. Shouldn’t this be there cost? The Owners Corporation is undertaking remedial waterproofing on a common property rooftop terrace which is included in our…

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NSW: Q&A Building Appearance: Changing the appearance of the lot

  Question: Our Strata manager demands we remove vines from our lot because they are changing the appearance of our complex. We have planted vines around our lot which have grown but are not covering any other lot. Our Strata managers insist we are changing the appearance of our complex and are demanding their removal….

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NSW: Q&A Foyer Christmas Decorations Purchased by Strata Funds

  Question: We have discussed putting up some foyer Christmas decorations. Some residents have voiced their concerns about strata funds paying for the cost of acquiring the seasonal decorations. Our strata has an uninteresting entry foyer that would benefit from some visual enhancement. Hanging some artwork on the blank walls would make both residents and…

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

Question: Do the strata committee get a copy of the AGM agenda first, or do all owners get the agenda at the same time? If the committee get it first, does it put others at a disadvantage? Answer: There is no formal requirement that the AGM agenda must be given to the strata committee first….

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NSW: Q&A Owners Corporation Committee Decisions

  Question: During closed-door meetings, the committee vote on each agenda item frequently without costings or reasons for decisions. As an owner, what can I do? The chair of the Strata committee enforces the ‘owners cannot interrupt’ rule. All decisions are made behind closed doors before the formal Strata Committee meeting. These closed-door meetings result…

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NSW: Q&A Duty to Maintain and Repair Common Property

  Question: Who is responsible for a broken window in a strata unit? Who is responsible for a broken window in a strata unit? Who should be invoiced – the tenant (occupying at the time the glass broke), the owners, or the Owners Corporation? I have read the Fair Trading Common Property Memorandum but under 9 Windows…

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NSW: Q&A Spending Limits & Unapproved Fees

Question: Our owners corporation is part of a BMC. Is it regulation that the financial and annual budget of the BMC be presented to the strata committee or owners and approved at a committee meeting before the owners corporation AGM? I am an owner in an owners corporation that has shared facilities (BMC) with another…

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NSW: Q&A Proxies and Voting Rules for Owners Corporation Meetings

Question: Can Owners Corporation members use their unit entitlements when calling a poll vote to form a strata committee? Answer: In some circumstances, the motion can be decided according to the value of unit entitlements voting for or against. In short, yes. Generally, a motion put to a meeting, or an election of officers of…

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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 Can You Use Your Garage for Apartment Storage?

  Question: I’m renting a unit in Brighton-Le-Sands, southern Sydney and I have a double garage. Can I use the garage for DIY projects rather than for parking of vehicles? Answer: Seek strata permission through your strata manager or your strata committee. It is advisable to seek strata permission through your strata manager (if you…

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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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