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…

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NSW: Q&A Exclusive Use of Common Property

Question: An ordinary resolution passed in 1991 at a general meeting voted to allow owners to park on common property and gave them allocated spaces. Do these owners have exclusive use rights of the common property? Answer: As no by-law was created, no exclusive use was validly created. This is a complex legal question, however,…

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Q&A Overcrowding and Number of Occupants in NSW Apartments

Question: If an apartment is tenanted, how many occupants are allowed in a 2 bedroom unit? I suspect overcrowding in the apartment next door to ours. Answer: You would need a by-law which stipulates occupancy limits. Subject to anything contained in the development approval for the building, you would need a by-law which stipulates occupancy limits and…

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NSW: Q&A Can A Strata Bylaw Set a Size Limit for Dogs?

  Question: My Owners Corporation has a bylaw setting a size limit for dogs in our building. Is this reasonable? How can I know how big my puppy will get? Answer: There are all types of pets by-laws including those with weight restrictions. There are all types of pets by-laws including those with weight restrictions – we…

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Ask Premium Strata: Faulty Waterproofing

Faulty Waterproofing I live in a unit complex in Sydney and there are 76 units. My strata contracted (& paid for) a company to come fix my faulty waterproofing on my balcony. In order to access the faulty waterproofing, the company had to remove/lift the wooden deck on the balcony. During the process of repairing the faulty…

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NSW Q&A: Strata Dispute Resolution: When the OC Breaches NCAT Orders

  Question: During the strata dispute resolution process, if an Owners Corporation breaches court orders, what recourse does the owner have? Answer: The failure by the owners corporation to comply with the NCAT Orders could be the basis upon which to seek the compulsory appointment of a strata manager. The failure by the owners corporation…

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NSW: Q&A Fined for not using the visitor parking spaces

  Question: I was fined for not parking in a visitor parking space at my girlfriend’s apartment. They are pursuing her for the money. Is this parking fine from the owners corporation valid? Answer: Only NCAT has jurisdiction to issue “fines” or “penalties” in this context. Therefore, it is highly unlikely this fine could be enforced. Only…

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NSW: Q&A Can We Avoid Strata Manager Insurance Commissions?

  Question: Our building insurance is due mid 2019. Is the Owners Corporation able to renew this themselves or must it go through the Strata Management Company? We would prefer not to pay our Strata Manager insurance commissions. Answer: You need to check what your contract states with regard to strata manager insurance commissions. If…

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NSW: Q&A Water Dripping Over Balcony From the Neighbour Above

  Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop? Answer: Your neighbour may not use their lot in such a way that causes nuisance…

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Ask Premium Strata – Intercom Systems

Intercom Systems Question: Hi Leanne, I’m a regular reader of your weekly Strata News and I had a query for you: Does the Owners Corporation have an obligation to provide an Intercom system for the building that it supervises?  Answer: We are pleased to hear that  you are regular reader of our articles! While there is…

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NSW: Q&A Owners Corporation Meetings – Times and Frequency

  Question: Are there rules concerning the actual time of day when an AGM is held? Answer: The timing should not “intentionally” be selected to prevent certain owners from attending. Though the strata legislation is silent on the point, some general rules do apply. While the timing of the AGM is at the discretion of…

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