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 Positions on the Strata Committee

  Question: As an over 55s strata, our “pool” of likely contenders for interest in being a committee member is shrinking as lot owners age. We do have a good Strata Manager. What happens in this situation? Our NSW over 55s Strata is due to have its AGM next month. At this stage, none of…

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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&As Strata Hub: What do you need to know?

  Question: Our Strata Manager insists on using a single first point of contact to liaise with regarding strata matters for the coming year. Is this usual? In our complex of 22 owners, we recently held our AGM. Of the 6 owners who were at the meeting, 3 owners volunteered to serve on the committee….

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NSW: Q&A Do We Need a ByLaw For That?

  Question: Does the strata Committee have the legal right to sell framed art pieces in common areas without all lot owner’s permission? Answer: Yes, a general meeting of the Owners Corporation would be required and there are likely local council consent and insurance implications. We consider that, at minimum, the Owners Corporation would need…

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

  Question: At a committee meeting, I proposed a motion concerning a topic under discussion for the committee to adopt. The topic had been included in the meeting agenda. The strata manager ruled the proposed motion ‘out of order’. Is this correct? A committee meeting was called by our strata manager with a written agenda…

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NSW: Q&A Remediation of Serious Building Defect

  Question: A poorly constructed box gutter channels rainwater into our apartment. We’ve been requesting help from the owners corporation for years, but they keep pushing us aside. What do we do? We have a rooftop on our apartment that runs parallel with a poorly constructed box gutter. This box gutter has water runoff from other…

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NSW: Q&A Positions on the Strata Committee

  Question: Although our committee is made up of 8 members, the position of Treasurer, Secretary and Chairperson are all held by the same person. Is there something in legislation to say this can be or can’t be done? Answer: This scenario is contemplated by the strata legislation. This scenario is contemplated by the strata…

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NSW: Q&A Monitoring the Owners Corporation During Strata Purchase

  Question: When a strata property is sold, who is responsible for updating the strata ownership records? Is it the vendor or the purchaser’s responsibility? Answer: This is both the vendor’s and the purchaser’s responsibility. This is both the vendor’s and the purchaser’s responsibility. During the conveyancing process a “strata interest notice” pursuant to Strata Schemes…

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NSW: Q&A How do we Deal with Strata Manager Complaints and Bullying?

  Question: If the strata manager gives incorrect advice causing a monetary loss to the owners corporation, what remedy is available to the OC? Answer: The type and quantum of liability of the managing agent is limited. Generally, the strata management agency agreement between the Strata Management Agency and Owners Corporation will set out the liability of…

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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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New Strata Hub is coming soon!

  Strata Hub is nearly ready to go live! As you will have read from our previous newsletters, the NSW Government has introduced a new portal, Strata Hub, to enable ease of access to key information relating to strata schemes. There has been a delayed start date due to the large number of strata schemes…

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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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