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…
Question: Is it ok to defer an AGM because of Covid-19? Many residents do not have internet so electronic voting will be difficult. If so, how long can it be deferred for? Answer: If the Owners Corporation holds an annual general meeting once in every financial year, it will comply with the strata legislation. Many…
Question: I believe you wrote the following article which I read in Strata News @ 215: Q&A Proxy Vote Requirements for Annual General Meeting I have a similar issue arising with proxies in my own 5-Lot 2-storey townhouse Strata Plan 35133 in Tweed Heads NSW. Can you tell me the date your article was written…
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…
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…
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…
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…
Question: I’m a tenant with a cat. The Owners Corporation has a bylaw requesting a $500 Pet Bond to be paid to strata. I thought pet bonds weren’t legal in NSW. Answer: As a Tenant, you must comply with both your lease and the strata by-laws. Pet bonds are not illegal and the strata…
Question: Our hardwood floors have suffered major water damage due to common property defects. Should the Body corporate reimburse out of pocket expenses for accommodation and food while we vacate the property for repairs? Answer: The accommodation should be recoverable, but it is unlikely that the costs of food etc would be reimbursed. If…
Question: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level? Answer: In our view, noise must be kept to a reasonable level. The standard noise by-law covers this,…
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…
Question: Some staff from the commercial lots in our building park in the strata visitor car parking spaces. As employees, shouldn’t they be stopped from using visitor parking? Answer: The commercial lot owner is welcome to have his staff park in his own car space(s) but not visitor parking. In our view you are…
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…
Question: Our building is 38 lots. Is our strata committee required to post an agenda for ordinary general committee meetings to the notice board of the owners corporation? Answer: While the notice is routinely sent out by post to owners, tenants must be given notice either by post OR by displaying it on the…
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…
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…
Question: For the purpose of calculating overdue strata fees, could you please advise when it is deemed that an electronic transfer of a Strata unit owners levy fee is deemed to have been paid? Answer: Funds are deemed received when the recipient may access funds. In our view, electronic funds transfers should be treated like…
Question: We’re concerned our Strata Management Company is experiencing operating problems. Are there safeguards in place to ensure the Strata Manager is not using our fees to prop up a failing business? Answer: The strata manager has a fiduciary duty NOT to misappropriate the funds which belong to the owners corporation ie it is a…
Question: Can NSW providers rescind an Annual Fire Safety Statements for non payment of invoices? If so, how is it legally done? Answer: We are not aware of how a document like this can be rescinded. We are not aware of how a document like this can be rescinded as the Annual Fire Safety Statements…
Question: Our bathroom’s waterproofing membrane has failed and is causing damage to the lot below. Should the Owners Corporation be responsible for all repairs, as these are only needed due to common property defects? Answer: There is a very similar 1999 strata titles case. There is a 1999 case where water had leaked into…