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…
Question: We are lot owners in a small 8 lot commercial strata building. What is the procedure for appointing a new strata manager? What happens if this procedure is not followed? Answer: It is critical that the termination of the current manager be effected strictly in accordance with the strata management agency agreement which…
Question: Some residents in our building use the visitor parking spaces as an additional parking spot. Is it possible to increase levies for these few residents and not all lot owners? Answer: First you need to ascertain from the development consent for the building exactly how many visitor parking spaces are required by law. Before…
Bathroom Renovation Question: One of the lot owners in our strata complex requires a major bathroom renovation and is expecting the owners to pay for it – is this correct? Answer: It depends on why the owner requires a major bathroom renovation. Presumably, it is because there is some defect in the common property slab…
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…
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…
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….
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…
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…
Question: An old cooling tower in our building only services a proportion of the apartments. What are the strata committee powers? The committee is proposing to replace the tower with ducted air conditioning to the affected units at the cost of the Owners Corporation. Answer: The strata committee seems to be abusing their powers and…
Question: In NSW are fees regulated for providing strata roll access? Is there a standard fee that can be charged for lot owners to view the strata roll? As a lot owner. I’d like to gain strata roll access to view the information contained on our strata roll. Is there a standard fee that can…
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…
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…
Question: Leading up to our AGM, our Strata Manager was holding too many proxies, so divvied them up to lot owners. Can this be done? Can you also explain the quorum requirements for annual general meeting? Answer: For the quorum in your scheme – at least ¼ of persons present or ¼ of unit entitlements….
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…
The new Strata Schemes Management Act, which came into effect on 30 November 2016, stipulated the need for owners’ to review their existing by-laws within 12 months to determine whether they require any customisation to suit residents’ lifestyle. This deadline is now looming. A LookUpStrata reader…
A LookUpStrata reader in NSW wanted to know whether Owners Corporation permission is required to install an internal sliding door to prevent the smell of cooking in the kitchen escaping to the other rooms. We provided the following response: Technically speaking you do not…
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…
One of our clients contacted us with the above question. The answer to this question is very simple – No. You do not need to include explanatory notes for each and every motion on an agenda. The only legal requirement to provide explanatory notes arises from Section 4 of Schedule 1 of the Strata Schemes…
A LookUpStrata reader, who works as a building manager in NSW, wanted to know whether the owners corporation can lease out additional visitor parking spaces to a retail lot owner, and what the correct process would be to establish such an arrangement. In summary, the fact that this concerns visitors parking complicates this matter. Whereas…