Question: When recovering late levy payments, can the Owners Corporation recover the costs of using a lawyer/debt collector from the recalcitrant owner? In a previous response you mentioned that when recovering late levy payments, the fourth letter of Demand should be “by lawyer/debt collector”. Who is preferred in the first instance, a lawyer or…
Question: When recovering late levy payments, can the Owners Corporation recover the costs of using a lawyer/debt collector from the recalcitrant owner? Every time I ask for a motion to be placed on the agenda for the AGM, either the Strata Manager or the Strata Committee completely rewrite my motion. There is illegal parking occurring in…
Question: I can’t seem to find any information on how to set up the trust account at the bank. What should we be aware of? I am a lot owner (block of 3) and we are looking at managing the strata ourselves. I can’t seem to find any information on how to set up…
Question: Is it legal to block access to a common area lift from the car park to the foyer? The Strata Committee is denying access to the elevator via the car park unless you have a doctor’s certificate stating you can’t walk up 12 steep stairs to the front entrance (which then leads to…
Question: I want to install solar panels. Before I can install solar panels, I need to upgrade my fuse box. Isn’t it the responsibility of the owners corporation to pay for a fuse box upgrade? I am in a strata complex of 20 units and would like to install solar panels. Before I can…
Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…
Question: Can a proxy vote be cast in AGM elections for Owners Corporation committee members? If Yes: The person granting a proxy to another person may not know who the committee candidates are, as candidates can be nominated as late as the AGM itself. Each incumbent committee member who be able to hold up…
Question: Do we need permission to tile over the top of tiles in our townhouse bathroom and laundry? We will not be disturbing the waterproofing or original tiles? Answer: Tiles are hard surface flooring and therefore considered a “minor renovation” under the legislation. If the strata committee has been delegated the power to approve…
Question: How many owners in a complex of 12 units are required to vote against a motion at an extraordinary general meeting. Answer: It depends whether you are asking about an unanimous, special or ordinary resolution. It depends whether you are asking about an unanimous, special or ordinary resolution. No one can vote against…
Question: Our neighbour drilled into our balcony to install an awning shade. What do we do now? Who is responsible if there is future damage due to the installation? Our downstairs neighbour got approval to set up an awning for her backyard. In her request she stated that drilling was ‘probably not required’, however,…
Question: How many committee members need to sign off on the approval for repairs or building maintenance work for NSW strata properties? Our new Strata Manager is approving work quotes when only one or two committee members have OK’d it verbally, without including the other committee members in any correspondence. Answer: Email direction is…
Question: A lot owner wishes to sell one of their parking spots to me. What are the procedure, pit falls, legalities involved in starting this sale process? Is it possible? I am an owner with a two bedroom unit and one car spot. A neighbouring lot owner wishes to sell one of their parking…
Question: Does a strata committee have the authority to exempt a resident from complying with a by-law? A resident has asked the Strata Committee, on somewhat questionable grounds, to exempt the applicant from the Strata by-law banning laundry on balconies. My question is does a strata committee have the authority to exempt a resident…
Question: Our sinking fund has run out of money and we need a lot of repairs and maintenance done to common property. the window paint has all peeled off and in some cases starting to rot, lintels are rusting, there is a very large common area window that needs to be replaced (totally rusted)…
Question: Our strata manager refuses to hold our AGM after office hours. Should this be an expected service or is he being inflexible? Our strata manager refuses to hold our AGM at 6.30 pm. He says his office closes at 6 pm and will not accommodate an owner who cannot attend until 6.30 pm…
Question: One of our lot’s water meter leaked resulting in an excess water bill. Is the affected unit entitled to claim the excess water charges from our Owners Corporation? One of our lot’s water meter leaked resulting in an excess water bill. After a report from a plumber, the insurance company has stated it…
The new defects rectification guide has been launched in NSW. The NSW Government has written a step by step guide which helps Strata Managers and property owners with identifying and then rectifying defects in apartment buildings in a seamless process. This is a first of its kind for government and it enables the government…
Question: A lot owner with a dog causes nuisance to surrounding lots. What can the owners corporation do? Is there a legal way to handle this? We have a problem with a lot owner who owns a dog on our building. The dog is left for long periods unattended causing excessive barking, excrement is…
Strata Committee Meetings Can a Strata Committee member at a Committee meeting ( not an Owners Corp meeting) have another committee member act as their proxy if they know they be absent from that meeting? Answer: Not as a “proxy” per se, but effectively, yes, with the consent of the strata committee, as per the section…
Visitors Car Parking I am one of the committee member for building with 65 apartment units. Our strata manager has informed us that we can convert our visitor carpark into a unit car space without having to comply with our development consent. At the moment We are complying with the minimum 13 visitor car parks…