A LookUpStrata reader wanted to understand whether their Strata Committee chairman could perform the role of caretaker without a written or binding contract, as agreed by the strata lot owners of the building. In summary, complex legal issues arise here, the most alarming of which is whether or not the “caretaker” is insured and if…
A LookUpStrata reader wanted to know more about the implications of not having a licensed NSW strata manager. The reader wondered whether their contract which was signed with a licensed agency is still legally binding because the Strata Manager managing their building was not licensed. These issues are governed by the Property Stock & Business Agents Act,…
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…
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….
A LookUpStrata reader and unit owner wanted to understand whether the Owners Corporation has a duty to clearly mark common property. The reader purchased a unit without realising that the area outside their unit was a much used common property walkway. In summary, irrespective of there being no visible markings for the common walkway, with…
With strata communities in NSW adjusting to the major reforms that came in to effect on 30 November 2016, some frequently asked questions have started to emerge. Fair Trading NSW have listed the most frequently asked questions, and the answers. Test your knowledge of the new strata laws with the questions below! Q: Will some…
A LookUpStrata reader in NSW wanted a step by step guide on the procedure to resign their current strata manager and appoint a new one. Their AGM is not scheduled to happen for some time, and the reader wanted to know whether they have to wait with the appointment of the new strata manager until then?…
A LookUpStrata reader, who recently moved into a unit, wanted to know how he could get an entrenched and highly resistant executive committee to acknowledge their obligations under the new legislation, to have a 10 year plan, have it professionally costed and take immediate steps to raise the required funds to support it as well…
A LookUpStrata reader wanted to know what the process and procedures are for the Body Corporate Committee when contacting an owner regarding a breach of the bylaws. Can one member of the Body Corporate Committee send their own letter to a lot owner without contacting other members of the Body Corporate to discuss? In my…
A LookUp Strata reader, owning a unit in a resort style strata accommodation in NSW, wanted to understand whether the invoicing procedures used in her strata plan were proper and following appropriate accounting procedures. In summary, the party requiring the works is the party that should be invoiced; however, if you have other parties assisting with…
For those who like statistics, we have some numbers that might interest you. A total of 76,733 Strata Schemes were registered in NSW in February 2017. SCA (NSW) reports that as of February 2017 there were 821,044 strata lots registered with the NSW Land and Property Information (LPI), which is a significant 12,668 lots or 1.6%…
We provided a response to a LookUpStrata reader, who wanted to know the appropriate steps to take to obtain approval for renovating a strata unit. In summary, this owner should have a lawyer prepare a common property rights by-law for inclusion in an agenda of the Owners Corporation. They will also need a Section 108 motion…
A LookUpStrata reader discovered they’d been using the wrong parking space and wanted to know what rights they have to get their actual allocated car parking space as per the contract of sale. In short, the strata plan allocations of car spaces will usually override any practices/use by the individual owners/occupiers. We recommended that the…
A LookUpStrata reader wanted to know whether a tenant and a landlord of the same unit could hold positions in executive committee? In summary, this is not permissible. Only one of them, either the tenant or the landlord, can seek nomination. The response prepared is based on the assumption that it is the owner nominating his…
A LookUpStrata reader wanted to know who is responsible for maintaining an individual unit’s ducted air conditioning systems when their main components are located outside the Lot’s boundaries. The short answer is: it depends. The test for determining whose responsibility repair & maintenance befalls is whether or not there is an exclusive use by-law registered. You can…
A LookUpStrata reader wanted to know what could be done about inappropriate parking behaviour by other residents. We recommend that they gather evidence and notify the strata manager or strata committee to enforce the by-laws applicable to the scheme. Steps could be taken for the Owners Corporation to enter into an agreement with local council for…
A LookUpStrata reader wanted to know whether the Executive Committee was bound to solicit and present three competitive quotes for any substantial work requiring Capital Works Funding. In summary, our response was that under the new strata legislation introduced on 30 November 2016 it appears that the need for three quotes is only a requirement for…
A LookUpStrata reader with a disabled parking permit wanted to know whether he was allowed to use the visitors car park disabled spot. This owner has 2 parking spots allocated to his apartment, however is having difficulty get in and out of his car when parked in these spots. In summary, the owner is not…
We provided a response to another LookUpStrata readers question. The reader wanted to know who is responsible for the repair of a retaining wall in the back yard of a strata-titled town house. Generally retaining walls are common property; however, this can vary from building to building. The strata plan will generally depict the boundaries of lot…
We provided a response to a LookUpStrata readers question. The owner wanted to know whether it was always required to have a motion covering the minutes of the previous meeting. The short answer is that this is indeed the case. Read the full question and our response by following this link.