Question: I’m an elderly woman who needs a mobility stool outside my door. The strata manager denied my request and issued me a notice to remedy the breach. What Can I do? I am a 68-year-old woman renting a unit on the first floor of a block of seven units. I have an autoimmune disease…
Question: We live in a high rise apt block and a few years ago we voted against a no smoking building, but we are not allowed to smoke in all common areas. That is fair enough. I’m not a smoker. But living in the western suburbs with a reasonably large amount of tenanted apartments, most…
Question: in relation to the article: NSW: Q&A Can Owners Corporation committee decisions be reconsidered? can you please point me to the section or clause in the SSMA 2015 or SSMR 2016, that refers to rescinding resolutions as referred to in this article 359? Answer: Any decision made by a corporation may be reversed. Further, Sch…
Question: For the past 10 years, I have been sticking down loose and drumming tiles in my bathroom. I now feel the time has come to renovate my bathroom, laundry and toilet which all have damaged and or broken tiles. Should the body corporate pay for the removal of the old tiles and waterproof and…
According to Strata Community Association (NSW), here is the definition of: Proxy Voting: An owner who is unable to attend a meeting may authorise (give their proxy) to another person to exercise their vote. This is achieved via proper completion of the prescribed form. Quorum: The minimum number of owners required for a meeting to proceed….
Question: In a duplex, we each have exclusive use of our yard and garden. Isn’t this therefore our responsibility to maintain? The other lot owner would like the owners corporation to remove a tree. I live in a duplex. Both units have exclusive use of their yard and gardens. The owner of the other unit…
Question: To undertake major and minor renovations, do we need a separate by-law submitted for each item or can it all be included in one special renovation by-law? When an owner wants to renovate to undertake major and minor renovations does this need a separate by-law passed for each bit of work or can it…
Question: Is there a requirement to notify residents of the commencement date of noisy renovation/repairs to the apartments and common areas? Is there a requirement to notify residents/lot owners of the commencement date of noisy renovation/repairs to the apartments and common areas? Recently we had a neighbour jackhammering with less than a 12-hour notice, and…
Question: At our next EGM we will be voting on whether to take out a Strata Loan to cover remedial works. What procedure is required for acceptance of this Motion? Answer: A resolution approving the relevant loan has to be passed at a general meeting of the owners corporation. Section 100 of the Strata Schemes…
Question: Do the changes in the Strata Schemes Management Act limiting the number of proxy votes an individual may hold, also apply under the Community Land Management Act? I live in a Neighbourhood Association and want to be clear as to how many proxy votes an individual may hold under the Community Land Management Act,…
Question: Our Strata is in NSW. 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. Sch 1 Cl 18 of the Strata Schemes Management Act,…
Question: The Act (section 5(b)) says a special resolution is carried if “not more than 25% of the value of the votes cast are against the resolution”. I would like to confirm that if 4 people (with equal lot entitlements) cast votes with 3 in favour and 1 against, the special resolution motion is lost….
Question: Does the Strata Manager circulate an EGM notice and voting papers without consulting with the Committee, or is the SC meant to vote on what is included in the EGM agenda? I have a question about who determines what is included in an EGM agenda? Can the Strata Manager simply circulate an EGM notice…
Question: I have a question about who determines what is included in an EGM agenda? Can the Strata Manager simply circulate an EGM notice and voting papers without consulting with the entire Strata Committee, or is the SC meant to vote on what is included in the EGM agenda? Answer: Both the delegated secretary (Strata Manager…
Question: We (a unit block of 9) have seven original established palms growing out of a privately owned lot. A lot owner owners the trees to 2.4 m, but above 2.4m the palms are in common property airspace. Do these existing trees, or trees that have been there 5 to 30 years before a…
Question: Do sub-committees have the same legal responsibilities as Strata Committees under By-Laws and NSW Legislation in terms of issuing agendas and recording (and distributing to lot owners) minutes of meetings. Lot owners here suspect the committee is avoiding discussions with residents and committing to expenditure by declaring that they are meeting as a “sub-committee”….
Question: How can you add to a meeting agenda, either a committee meeting or Annual general meeting when the date, time, and agendas are already sent out? Answer: Theoretically, you could adjourn the meeting and incorporate additional items giving the full statutory notice period. The secretary of the owners corporation does not need to include requisitioned…
Question: In relation to the LookUp Strata article addressing spending limits for items not in the Council of Owners’ budget for Western Australia, do these limits apply in all states or only WA? I am in NSW. Answer: In NSW, the strata committee may be restricted on spending limits or any other matter or type of…
Question: Our secretary only records the Strata committee minutes, including what she wants our owners corporation to hear. What can we do to get our processes back on track? Our NSW strata committee members are frustrated and concerned that our secretary only records (in Strata committee minutes), what she wants our owners corporation to hear….
Question: I have inherited a unit, that my cousin owned, (she passed in 2018) including her three cats, 1 of which has been there for 10 years, the others 4 years. It’s a unit with courtyard and yes the cats, generally live outside, but tend to stay in the boundaries, cause they are a little…