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 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…
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…
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: A lot owner has a very regular visitor who has been given a security pass to our garage and his car is regularly in our single strata visitor car parking spot. He has become quite territorial about the space. How do we handle this? Answer: The owners corporation’s strategy should be to enter…
Question: About a month ago the receiver for our automatic garage door openers on the undercover secure garage stopped working properly. While we wait for the repair of the receiver, is it permitted to lock out residents from their own garages? Answer: Permanent closure of the garage may be a violation of proprietary rights…
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: 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…
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: 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…
Question: Our neighbour has recently been playing their piano for hours every day. Is this a breach of the peaceful enjoyment bylaw and how can we make this stop? Answer: Fortunately, the strata manager has issued a notice to comply with the peaceful enjoyment bylaw as the owners corporation should be enforcing the by-laws. Fortunately,…
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…
Question: My apartment is west facing and the balcony and bedrooms are almost unliveable in Summer. My Strata Committee has declined my request to approve outside awnings without giving reasons. What redress do I have please? Answer: Because the awning will be affixed to the exterior of the building and because the awnings will change…
Question: After calling our new strata management company for information, I have personally been charged a sum. Until the invoice is paid, I am unfinancial. Are strata management companies authorised to act as a “debt collector” for the owners corporation? Answer: No, the strata manager is not authorised to act as “debt” collector. Write to…
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…
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…