Q&A: A Sample Motion for upcoming AGM

Question: I have to write a motion for our upcoming general meeting. I was wondering if I could get a sample motion as I have never written a motion before. Answer: You could start with the below template. THAT The Owners – Strata Plan No. XXXX *RESOLVE/*SPECIALLY RESOLVE to *Delete which does not apply A…

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NSW: Repeated Breaches – The Washings on the Line!

  Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her laundry drying practices. Answer: Issue a notice to comply and then pursue the matter through NCAT. The owner is clearly in breach of the by-law, so…

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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 Apartment renovations without approval. Oops … What do we do now?

  Question: We have recently renovated our kitchen without approval from the Owners Corporation. Will have to return the kitchen to the original condition or be fined? Answer: Transparency and pro-activeness is usually the best approach when something like renovations without approval occurs. Kitchen renovations (with works involving waterproofing) are “minor renovations” under the new…

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NSW: Q&A Can I Put a Sign Up On My Apartment?

  Question: Can I have a political sign displayed on my apartment? I own the apartment. Does this rule also apply for ‘For Sale’ signs on apartments? Answer: Some buildings have specific signage by-laws prohibiting any signage whatsoever, with an approval process even in case of real estate ‘For Sale’ signage. Yes, buildings can restrict…

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NSW: Q&A Can we hold Electronic Meetings and have Electronic Voting?

  Question: Can we hold a meeting electronically and just have everybody use electronic voting on the issue of a special levy via email to our strata manager rather than having another face to face meeting? Answer: Whether or not you need a meeting depends on whether you’ve adopted “pre-meeting” electronic voting or electronic voting…

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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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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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NSW: Q&A How long can member hold positions in executive committee?

  Question: How long can a strata committee member or chairperson hold positions in executive committee? Also, can the committee engage designers without lot owners agreeing to this appointment? Answer: No this is not permissible. Only one of them can seek nomination. As you may know, the number of members is determined annually at each…

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