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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

Attention Developers: Why you need a strata managing agent!

  Strata Managers are trained professionals with the thorough knowledge and expertise required to ensure proper and timely compliance with a litany of legal, notice, meeting, accounting, capital works fund and administration fund monetary requirements relevant to your strata development. One-stop-shop With licenced strata manager, all matters relating to the scheme can be directed to…

Read More

NSW: Q&A The Procedure for Appointing a New Strata Manager

  Question: We are lot owners in a small 8 lot commercial strata building. What is the procedure for appointing a new strata manager? What happens if this procedure is not followed? Answer: It is critical that the termination of the current manager be effected strictly in accordance with the strata management agency agreement which…

Read More

Ask Premium Strata – Bathroom Renovation

Bathroom Renovation Question: One of the lot owners in our strata complex requires a major bathroom renovation and is expecting the owners to pay for it – is this correct? Answer: It depends on why the owner requires a major bathroom renovation. Presumably, it is because there is some defect in the common property slab…

Read More

Ask Premium Strata – Owners Corp & Animals

  Owners Corporation & Animals Question: I was under the impression that there was legislation that said an Owner Corporation could not make laws to prohibit animals on any lot. However, it is important to have rules around common property and other sensible rules around owner and pet behaviour Could you please advise? Answer: An Owners…

Read More

Ask Premium Strata – Unit Entitlements

Unit Entitlements Q: I would like to clarify the following: 1. Does owning a garage attached to a unit entitle the unit holder to have 2 votes? I thought that garage was a utility lot designed primarily for storage of goods or cars. As a result of this I am constantly outvoted on issues as…

Read More