NSW: Q&A Damage caused by tree roots from a neighbour

  Question: One of our lot owners has experienced damage caused by tree roots from a neighbour. Who is responsible for the cost of the remedial works to the adjoining property, the strata neighbour or the strata body? Answer: What is within the lot owner’s boundary is the responsibility of that individual owner. However, it…

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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…

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Ask Premium Strata – AGM Timing

AGM Timing Q: What are the rules concerning the actual time of day when a AGM is held? Last year ours was commenced at 3pm with the consequence that only 7 out of 24 lot owners were able to attend? A: Though the strata legislation is silent on the point, some general rules do apply….

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NSW: Q&A Fibre optic upgrade to individual units. Who pays?

  Question: Where will the financial responsibility lie for the fibre optic upgrade to individual units, assuming a majority of the owners corporation want direct fibre to their home? Answer: When it comes to the fibre optic upgrade, there is no hard and fast rule. There is no hard and fast rule, however, before considering…

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NSW: Q&A Noisy Neighbour Replaced Carpet with Noisy Vinyl

  Question: A noisy neighbour has replaced carpet with vinyl boards. This renovation was done without owners corporation approval. The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly. Answer: The Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of…

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NSW Q&A: Appointing a New Strata Manager before End of Contract

Question: I require information on appointing a new Strata manager before the 12 month contract period is up. Our Strata manager rarely replies to emails and seldom ever replies to messages whether they are left on their mobile or sent via email. Answer: Your ability to end your existing contract with your current strata manager…

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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 development. What a licenced strata managing agent can do for you: assist you during the formation of the…

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Shifting GST payments from Developers to Buyers

Commencing on 1st July 2018, GST withholding obligations will be shifted from the developer to the purchaser of affected properties. The new laws only affect contracts which settle on and after 1st July 2018 and according to the REINSW the transitional provisions exempt contracts for sale entered into before 1st July 2018 provided that the…

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Q&A: Are you allowed to live in your NSW Strata Garage?

A LookUpStrata reader wanted to know what can be done about tenants who use the garage of their strata unit in NSW as a spare bedroom, and wondered whether this was even legal. In summary, our response was that a garage is not deemed a “habitable” area and therefore, in all likelihood, the tenants are…

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Q&A: Smoke Alarms in Strata Units NSW

Smoke detectors have an effective ‘use by date’ and back-up batteries should be checked and replacement frequently, however the entire unit usually needs to be replaced after 10 years. A LookUpStrata reader wanted to know who is responsible to ensure that the smoke alarms in strata units are operational, and who is responsible for the replacement and…

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Q&A: Who Can Access the NSW Strata Trust Account?

In the case of sole trader Strata Managers (one person), how does the Executive Committee gain access to the Strata Trust Account if their strata manager passes away? In brief, the Unclaimed Money Act 1995 (the Act) now applies to unclaimed money held in a trust account under the Property, Stock and Business Agents Act 2002….

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