NSW: Q&A Strata Manager Complaints and Bullying

  Question: We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us? She borders on bullying. We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us & sometimes a little bit…

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NSW: Q&A Carrying out External Paint Work

  Question: At no cost to the owners corporation, we’d like to paint an unpainted common area exterior wall. How can we get this action sanctioned and take advantage of this improvement? It has been suggested that we have some unsightly unpainted interior walls in our complex spruced up with a coat of paint. Currently,…

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NSW: Q&A Strata Management Quotes and Appointments

  Question: We wish to change strata managers. What is the procedure regarding the Strata Management company during this process? Do they have a vote? Can they vote against the change? Answer: Care must be exercised to comply with the terms of the contract appointing the current Strata Management Company and with the strata legislation….

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NSW: Q&A Approval & ByLaws for Apartment Storage

  Question: Our strata is demanding that we don’t store anything other than a car in our car spot? Is this Legal? If the boxes are neat and tidy, why can’t we store them in our parking lot? Answer: Your scheme may have the standard by-law 17, or have a specific by-law for prohibition of…

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NSW: Q&A Using Electronic Voting to Fast Track Committee Decisions

  Question: Our AGM will be held by electronic voting thereby negating any opportunity to debate motions on the Agenda. Is this considered fair and reasonable under current NSW Legislation? The Strata Manager and Strata Committee have orchestrated the AGM to be held by electronic voting thereby negating any opportunity to debate motions on the…

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NSW: Q&A Proxies, Voting & Quorum Requirements for the AGM

  Question: As a special resolution is carried if “not more than 25% of the value of the votes cast are against the resolution”, can I confirm that “not more than 25% against” is different from “75% or more in favour”? The Act says a special resolution is carried if “not more than 25% of…

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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…

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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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