AGM Timing Q: What are the rules concerning the actual time of day when a AGM is held? Last year ours was commenced at 3pm with the consequence that only 7 out of 24 lot owners were able to attend? A: Though the strata legislation is silent on the point, some general rules do apply….
Question: There are a number of very vocal apartment owners in my building who are against animals of any type, including a companion animal. Answer: If you can demonstrate your animal meets the requirements of a companion animal for the specific outlined range of disabilities, the Owners Corporation cannot prohibit the keeping of your…
Question: Where will the financial responsibility lie for the fibre optic upgrade to individual units, assuming a majority of the owners corporation want direct fibre to their home? Answer: When it comes to the fibre optic upgrade, there is no hard and fast rule. There is no hard and fast rule, however, before considering…
Question: A noisy neighbour has replaced carpet with vinyl boards. This renovation was done without owners corporation approval. The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly. Answer: The Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of…
Question: An old cooling tower in our building only services a proportion of the apartments. What are the strata committee powers? The committee is proposing to replace the tower with ducted air conditioning to the affected units at the cost of the Owners Corporation. Answer: The strata committee seems to be abusing their powers and…
Question: One family owns 61% of our scheme and use their strata unit entitlements NSW to block the committee and let the scheme run down. Would this situation be classed as dysfunctional? Answer: If the 61% family prevents the Owners Corporation from complying with its statutory obligations, then this would be a strong argument for…
Is a by-law prohibiting AirBnB accommodation lawful? After some 3 years of community and industry consultation, last Tuesday, the NSW government announced its proposed new laws to empower Owners Corporations to ban AirBnB rentals and similar online short-term letting accommodation. Residents will remain unaffected by the proposed new laws. In other words, owners and tenants…
A LookUp Strata reader in NSW wrote about their Strata Committee who pay themselves an undisclosed amount for activities performed, which is never itemised in the financial statements. The reader wondered whether the Strata Committee can pay themselves these undisclosed sums, and ignore Section 46 of the Act, and overriding the committee decision making process? In…
A LookUpStrata reader, who recently moved into a unit, wanted to know how he could get an entrenched and highly resistant executive committee to acknowledge their obligations under the new legislation, to have a 10 year plan, have it professionally costed and take immediate steps to raise the required funds to support it as well…
A LookUp Strata reader wanted to know what can be done about inaccurate meeting minutes. In summary, at the next general meeting there will be a motion confirming the minutes of the previous meeting. This will be your opportunity to correct any resolutions inaccurately minuted at the prior meeting. Read the full question, and our…
Leanne provided a response to a LookUpStrata reader’s question, who wanted to know whether despite a lack of meeting notice and agenda these meetings and decisions are still valid. This is a great question, and in summary the answer is that the failure to post minutes and give proper notice as required under the Strata…
A LookUpstrata reader wanted to know how they can obtain a copy of a building defects report regarding building issues which is affecting their unit. The Owner’s Corporation does not want to release the report, and is not willing to cooperate. Leanne provided a response to this rather difficult question: If the reports are obtained…
This question from a lot owner concerning registering strata bylaws was submitted to LookUpStrata. Another owner in the building advised the Executive Committee that the local council had ordered him to convert the apartment, which was originally built as 2 units, back into one apartment. He subsequently started this work, including some upgrades. Our LookUpStrata…
Leanne provided a response to a LookUpStrata readers question. The reader wanted to know what can be done to ensure that the Executive Committee fulfills its duty of maintaining common property. We advised the lot owner to put their Strata Managing Agent on notice that the Owners Corporation is in breach of its duties. Read our…
Leanne has provided a response to a reader’s question received by LookUpStrata. The reader wanted to know who makes the decision to appoint a contractor to perform work at a strata building. You can read the full question, and Leanne’s response by clicking here.
Allison Benson from Kerin Benson Lawyers has written a great article on how the size of your strata scheme influences legal requirements the Act sets for your Strata Scheme. Obviously, the larger the scheme the more lots there are to help in paying for the administration, maintenance and upkeep of the property. However, in addition there are…
We have written a new article explaining how successful strata title scheme meetings, such as Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs) should be run. We cover the meeting notification, proxy’s, voting instructions, meeting quorums and typical strata motions you can expect to find on your agenda. Hit this link for the full article, and…
The latest Flat-Chat column in The Domain covers what you can do in case your Owners Corporation does not pro-actively want to deal with strata by-law breaches. It is worth the read! Hit this link.
Following the recent storms and floods, Kerin Benson wrote this quick refresher for owners corporation’s and lot owners on what their respective duties are when common property is damaged. Hit this link to read the full article!
Hit this link to a very timely article, written by Kerin Benson Lawyers, on the owners corporation’s duty to maintain and repair common property damaged by storms and wild weather. It provides you with a brief overview of the duties for both owners and the owners corporation when common property is damaged.