Can parking in your own car space be considered a nuisance?

In a recent decision of The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 (Veney Case), the Supreme Court of NSW was asked to consider: whether they could make a declaration implying an additional term into an exclusive use by-law, being a by-law which gave the relevant owner the exclusive use of a common property car…

Read More

NSW: Q&A Can We Store our Bicycle on the Ceiling of the Balcony?

Question: Can you hang your bicycle from the ceiling of the balcony in a strata apartment? We have nowhere else to store the bike. Answer: You should check your by-laws in case there is a “storage” or “balcony” by-law which might prohibit such storage. Not without the permission of the Owners Corporation because hanging things…

Read More

NSW: Q&A Proxy Votes & Quorum Requirements for Annual General Meeting

  Lot owners from NSW have questions about dealing with proxy votes and the quorum requirements for annual general meetings. Leanne Habib, Premium Strata provides the following responses. According to Strata Community Association (NSW), here is the definition of: Proxy Voting: An owner who is unable to attend a meeting may authorise (give their proxy) to another person…

Read More

NSW: Q&A Disabled Parking in Apartments

  Question: We purchased an Off-the-plan apartment and at the prepurchase inspection found our parking spot is the disabled parking space. Can they do this? Answer: You may have purchased what is known as an “adaptable” unit. It would appear you may have purchased what is known as an “adaptable” unit which is designed in…

Read More

Rain Water Tanks and your Strata Scheme

  Last month was the warmest January on record globally, with Australia experiencing sweltering temperatures of 40ºC plus and smoke haze for days on end. In the past week we have had the wettest February in years with some suburbs receiving in excess of 150mm in a 24 hour period. Your Strata Scheme may look…

Read More

NSW: Q&A If Executive Committee isn’t Acting Appropriately

  Question: Our strata executive committee has been taken over by a group of lot owners who make decisions in their favour and no longer enforce bylaws. They don’t communicate with the rest of the committee. What do we do? Answer: Stand united at the next AGM and gather a proxy each and vote the current…

Read More

NSW: Q&A Strata approval for renovations – What is the process and how do we start?

Question: I’m concerned about the correct process of strata approval for renovations in our scheme. Renovations involving waterproofing isn’t being considered a major work under the new legislation, and therefore not being considered by the Owners Corporation as a special resolution. I’m a member of a Strata Committee in an apartment complex which was registered…

Read More

NSW: Q&A Can’t Get Access from Neighbour to Install NBN

  Question: The owner of my neighbouring unit refuses to allow access to his roof space so I can install NBN to my apartment. Can he be forced to allow access? Answer: The NBN technician will know what statutory rights. The NBN technician will know what statutory rights to access he has for his carrier…

Read More

NSW: Q&A Who Do I Contact for Repairs to Common Property?

  Question: Is it allowable/acceptable to get in touch directly with strata manager for unit repairs to common property, rather than go through the executive committee? Answer: Yes, because in all likelihood, before the strata manager issues a work order for the repairs (subject to the extent of repairs), the strata manager will seek approval…

Read More

NSW: Q&A How Does the Committee Organise a Leaky Roof Repair?

  Question: What steps do we take to organise a leaky roof repair? What if some owners refuse to pay? Answer: The roof repairs will be common property and a repair that jointly the Executive Committee and the appointed Strata Manager would arrange for its repair. The roof repairs will be common property and a repair that…

Read More

NSW: Q&A Are there template renovation bylaws available?

  Question: Are there any templates available of renovation bylaws? Answer: Yes, you may purchase detailed renovation bylaws which regulate the carrying out of renovations and modifications Yes, you may purchase detailed renovation by-laws which regulate the carrying out of renovations and modifications to a lot which may specifically authorise the executive committee to sign off…

Read More