Question: A lot owner with a dog causes nuisance to surrounding lots. What can the owners corporation do? Is there a legal way to handle this? We have a problem with a lot owner who owns a dog on our building. The dog is left for long periods unattended causing excessive barking, excrement is…
Question: There is no insulation under the concrete roof of my top floor apartment. On hot days, the apartment is basically unliveable. Is the Owners Corporation responsible for this problem? When the summer sun heats the concrete roof of my top floor apartment all day, that evening the concrete sheds its heat into the apartment!…
Question: Can using a washing machine is after hours be considered a nuisance? Is it unfair or harsh to have a By-Law that deals with this? Is using a washing machine after hours a breach of noise / nuisance provisions? Is it unfair or harsh to have a By-Law provision that deals with when…
Question: Does the Owners Corporation have to pay sufficient money from levies into the Capital Works Fund? I have just discovered no money has been paid into the Capital Works Fund where I live for the last 3 years. Around 240 people live in the building. Answer: Yes, the Owners Corporation must pay funds…
Question: I was told AGM vote was not valid as I had sent it in 12 hrs before instead of 24 hours. Why are the rules around voting at AGMs so strict? My ballot vote for our AGM was rejected as I sent it in 12 hrs before instead of 24 hours before, so…
Question: Is it possible to access a unit if the owner has not granted permission but the tenant has? This is for the sake of a dye test and roofing repairs. Answer: The occupier needs to give his consent, therefore, the committee may enter the lot because it is the occupier’s consent which is…
Question: A resident has moved into one of the units in our strata, however, she is not registered as a tenant but as an ‘approved resident’. She is considered a visitor and is able to use visitor parking etc. What can we do about this? Answer: The easiest way to regulate this visitor is…
Question: Our elder neighbours below complained about our footstep noises on our hard floors. We have been served a breach notice and instructed to fix the issue. No expert reports have been obtained. Do we need to comply? I live in a 2 year old building with elderly residents below. These neighbours often complain…
Question: If a committee member submits a motion they have a vested interest in, shouldn’t they abstain from voting? Should the strata manager enforce this? Regarding the issue of a Strata Committee Member proposing a motion to the Strata Committee that they have a vested interest in, which constitutes a breach of conflict of…
Question: Can approval be granted for lot owner renovation – with a condition that works are NOT to commence before a certain date? A lot owner has made a application for a bathroom renovation with By-law included etc. At the upcoming AGM, can approval for the renovation be granted with a condition that works…
Question: A resident pet owner does the right things cleaning up dog poo on common property but not within their own lot. How do we enforce clean up of their lot and stop the smell! A lot owner has felt it necessary to draw the Strata Committee’s attention to repeated instances of pet faeces…
Question: I have an apartment with a balcony in NSW and can I put artificial hedge roll on my pole for decoration? Answer: While the decorative item is easily removed, it may offend the “keeping within the appearance of the building” by-law: While the decorative item is easily removed, it may offend the “keeping…
Question: If you are not adequately satisfied with the performance of your strata manager, can’t you just swap them for a new one? If you are not adequately satisfied with the performance of your strata manager, then instead of prolonging the agony, it’s best to just give them the heave-ho and replace them with…
Question: I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Are they in breach of the legislation? I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Also, I had submitted…
Question: Can a proxy vote be voted out by other members at a Strata meeting. Answer: No, a proxy vote cannot be ousted by other owners at a general meeting because all owners are entitled to vote in person or by proxy. No, a proxy vote (unless the proxy vote is ruled out of…
Question: Is a member of an Executive Committee eligible to vote on a motion they put forward? I understand the Committee members have a responsibility to make decisions on behalf of all lot owners, not for personal gain. Answer: You are correct. You are correct. SCHEDULE 2 – Meeting procedures of strata committees of the Strata…
Question: A builder has confirmed I have water between my tiles and the waterproofing layer in my bathroom. I have contacted strata. What do I do now? I had noticed something wrong with the grout in my bathroom and my metal door frames are starting to get corrosion on them. I organised for a…
Question: We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us? She borders on bullying. We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us & sometimes a little bit…
Question: My balcony cannot be viewed from any common property. Can I retile my balcony as long as the finish is in keeping with the building without OC approval for the renovations being asked? I appreciate that maintenance and replacement of my balcony structure and it’s waterproof membrane are the responsibility of our Strata….
Question: We are selling our apartment. The purchasers have advised that our car space is shown as Common Property. What can we do? We’ve lived in the same Villa for 17 years. We decided to sell a while ago and received an offer last week, which we accepted. We received an email from our…