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,…
Question: We have a non resident who irregularly uses visitor parking while he commutes. He has no connection with our scheme. Are we able to tow his car and is it the best option? Answer: As the vehicle is only parked one day at a time you will not satisfy the notice requirements needed…
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…
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…
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…
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…
Question: We have a general By-law stating residents must not park on common property without written approval. Is this sufficient or should we specifically refer to visitor parking spaces? Answer: A very specific visitor parking by-law should be drafted by a strata lawyer. Technically, this by-law is adequate because visitor car parking is common property. However,…
Question: A regular visitor to our building has exhibited violent behaviour to lot owners and we are concerned about resident safety. How do we proceed to protect neighbouring lot owners? Answer: It seems your only avenue would be to apply for an APVO – not APO. Though we are not criminal lawyers, it seems your…
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…
Question: Due to a common property defect, my tiles were damaged in an area on my verandah. As the tiles could not be matched, the whole space must be retiled. Should the OC pay for all work? Answer: There is a strata titles case very similar to yours. There is a strata titles case…
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…
Question: For some reason, I have a key to the communal Fuse Box in our apartment building and I have been providing access for tenants who trip their fuse. I’m just trying to help. Why is this a problem? Answer: Fortunately, the strata manager has issued a notice to comply with the peaceful enjoyment…
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…
Question: Water has been leaking from our front yard into the car park below for a few years without resolution. Must I use the strata’s expensive contractor for the basement waterproofing? How do I get the committee to act? Answer: You may get another quote from another contractor, however, make sure that the quote…
Question: Is the front door common property or the responsibility of the owner? Do lot owners need to seek permission to install deadlocks? Answer: Subject to any notations on the strata plan and applicable by-laws, a front entrance door is common property. As front doors are “fire-doors” for fire safety, the installation of additional…
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…
Question: The floor in a lot’s kitchen has to be repaired because of concrete cancer. The lot owner now wants the owners corporation to pay for a new kitchen. Answer: The Owners Corporation would need to address concrete cancer and then reinstate the kitchen with like for like. It sounds like the kitchen is…
Question: Water has been leaking from our front yard into the car park below for a few years without resolution. Must I use the strata’s expensive contractor for the basement waterproofing? How do I get the committee to act? Answer: You may get another quote from another contractor, however, make sure that the quote…
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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