Question: Can one member of Body Corporate Committee send their own breach of bylaw letter to an owner without contacting other members of the Body Corporate to discuss? What is the process and procedures for the Body Corporate Committee when contacting an owner regarding a breach of the bylaws? Can one member of Body Corporate…
Question: The advice I need concerns use of a driveway on common property. Two properties in a duplex, a very informal “strata” – never had a meeting, no minutes etc A driveway is on ‘common property’ leading to a garage that belongs to unit 2. An historical understanding that the driveway is common, and…
Question: I was just reading today’s newsletter and thought i would let you know an avenue i took for charges being illegally placed onto my levy statement, re the question posted in the 214 newsletter: Question: After calling our new strata management company for information, I have personally been charged a sum. Until the…
Question: I believe you wrote the following article which I read in Strata News @ 215: Q&A Proxy Vote Requirements for Annual General Meeting I have a similar issue arising with proxies in my own 5-Lot 2-storey townhouse Strata Plan 35133 in Tweed Heads NSW. Can you tell me the date your article was written…
Question: I have a problem with the neighbours upstairs. I hear every footstep as their dining room is directly above me. They have parquetry flooring and no rugs or other floor coverings in their living areas. Visitors to my apartment agree the noise is unbearable. I do not have a good relationship with these…
Question: We purchased an Off-the-plan apartment and at the prepurchase inspection found our parking spot is the disabled parking space. Can they do this? Answer: You may have purchased what is known as an “adaptable” unit. It would appear you may have purchased what is known as an “adaptable” unit which is designed in…
Question: Is there a formula for setting strata levies to cover scheduled capital works and avoid a shortfall? We have identified a situation where projected levies will result in a shortfall. Answer: There is no accepted ratio for the determination of funds to be raised. There is no set “prudent” amount or accepted ratio…
Question: Our strata executive committee has been taken over by a group of lot owners who make decisions in their favour and no longer enforce bylaws. They don’t communicate with the rest of the committee. What do we do? Answer: Stand united at the next AGM and gather a proxy each and vote the current…
Question: I’m concerned about the correct process of strata approval for renovations in our scheme. Renovations involving waterproofing isn’t being considered a major work under the new legislation, and therefore not being considered by the Owners Corporation as a special resolution. I’m a member of a Strata Committee in an apartment complex which was registered…
Question: I’m a tenant with a cat. The Owners Corporation has a bylaw requesting a $500 Pet Bond to be paid to strata. I thought pet bonds weren’t legal in NSW. Answer: As a Tenant, you must comply with both your lease and the strata by-laws. Pet bonds are not illegal and the strata…
Question: Our hardwood floors have suffered major water damage due to common property defects. Should the Body corporate reimburse out of pocket expenses for accommodation and food while we vacate the property for repairs? Answer: The accommodation should be recoverable, but it is unlikely that the costs of food etc would be reimbursed. If…
Question: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level? Answer: In our view, noise must be kept to a reasonable level. The standard noise by-law covers this,…
Question: Do I need strata approval for the renovations of my bathroom if I am simply replacing like for like and retiling over the existing floor tiles? Is this work considered a minor cosmetic renovation? Answer: It seems unlikely that your works could be carried out without any impact whatsoever on the existing waterproofing….
Question: The owner of my neighbouring unit refuses to allow access to his roof space so I can install NBN to my apartment. Can he be forced to allow access? Answer: The NBN technician will know what statutory rights. The NBN technician will know what statutory rights to access he has for his carrier…
Question: Some staff from the commercial lots in our building park in the strata visitor car parking spaces. As employees, shouldn’t they be stopped from using visitor parking? Answer: The commercial lot owner is welcome to have his staff park in his own car space(s) but not visitor parking. In our view you are…
Question: Is it allowable/acceptable to get in touch directly with strata manager for unit repairs to common property, rather than go through the executive committee? Answer: Yes, because in all likelihood, before the strata manager issues a work order for the repairs (subject to the extent of repairs), the strata manager will seek approval…
Question: Our air conditioner was installed incorrectly by the builder 5 years ago. Is the repair of the resulting leak part of the strata maintenance responsibilities? Answer: As it is likely not common property, you would need to repair it. Generally speaking and without knowing where the external unit is located, an air-conditioning unit…
Question: Our building is 38 lots. Is our strata committee required to post an agenda for ordinary general committee meetings to the notice board of the owners corporation? Answer: While the notice is routinely sent out by post to owners, tenants must be given notice either by post OR by displaying it on the…
Question: In NSW is there is an obligation for the strata to provide a common area water tap / garden tap for use of residents for garden watering and car washing? Answer: There is no general obligation to install a common area tap to which you refer, however, the owners corporation is free to do…
Question:This site recently replied to an SA question about Common Property Alterations. Is the response also applicable for alterations to common property in NSW? Answer: The balance of decision making power by an owners corporation is by simple majority. Changes to common property in NSW and Types of Resolutions The NSW position regarding changes…