NSW: Q&A Positions on the Strata Committee

  Question: Our secretary takes full control at meetings, will not let anyone make any comments or ask any questions. We all feel very bullied by this person. What can we do? At our monthly Owners Corporation meetings, although the whole committee including the chairperson attended, the meeting was run by our overbearing secretary. We…

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NSW: Q&A Spending Limits & Unapproved Fees

Question: Our owners corporation is part of a BMC. Is it regulation that the financial and annual budget of the BMC be presented to the strata committee or owners and approved at a committee meeting before the owners corporation AGM? I am an owner in an owners corporation that has shared facilities (BMC) with another…

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NSW: Q&A Proxies and Voting Rules for Owners Corporation Meetings

Question: Can Owners Corporation members use their unit entitlements when calling a poll vote to form a strata committee? Answer: In some circumstances, the motion can be decided according to the value of unit entitlements voting for or against. In short, yes. Generally, a motion put to a meeting, or an election of officers of…

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NSW: Q&A Special Levies, Levy Payments and Overdue Levies

Question: How can I stop the never-ending nightmare of raising special strata levies? We purchased a unit in April 2018 with special levies meant to finish in June 2020. The strata have continued to raise special levies and the quote agreed on in 2016 (apparently) has more than doubled. I want this money back. I…

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NSW: Q&A Noisy Neighbour, Renovations and Construction Noise

  Question: I’m a healthcare shift worker. My downstairs neighbours says I can’t shower after 9pm. What are my rights here? I am renting an apartment. The woman below me is quite noise sensitive and isn’t the type of person I want to upset. However, I am a healthcare worker and do shift work. My…

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NSW: Q&A Special Levies, Levy Payments and Overdue Levies

  Question: My strata manager is withholding some of my levy notices. How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails? I think my strata manager is withholding some of my levy notices. They say I am unfinancial, therefore I could not vote at the…

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NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

Question:Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer? Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer. This bylaw outlines permission and the terms and conditions for owners to install ducted split air conditioning systems, roof…

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NSW: Q&A Owners Corporation Committee Decisions

Question: How do we force a decision in a 4 unit, self-managed complex? There are always 2 for and 2 against. Strata is a democracy and it comes back down to a vote. Generally a four lot scheme can create more work than a 400 lot scheme because of that one reason where you just…

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NSW: Q&A Positions on the Strata Committee

  Question: Is the chairperson elected before each meeting? Answer: If you haven’t elected a chairperson, secretary and treasurer, to remain in office for the term of their appointment, you can elect a chairperson for each meeting. At a general meeting, you elect your strata committee, but you don’t elect the office bearers position. This…

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NSW: Q&A Accessing Strata and Owners Corporation Information

  Question: Is there a code of conduct for owners corporations in NSW. I am especially interested in privacy regarding matters between the owners corporation and the owners. Answer: Strata Community Australia has a Code of Ethics, see link below: Strata Community Australia has a Code of Ethics: Code of Conduct – Strata Community Association The…

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NSW: Q&A Issuing and Enforcing a Notices to Comply with a By Law

  Question: Should legal representation be obtained by an Owners Corporation before applying to NCAT for a hearing for failure to comply with by-laws? Should legal representation be obtained by an Owners Corporation before applying to NCAT for a hearing for failure to comply with by-laws? At an NCAT hearing regarding continued failure to comply…

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NSW: Q&A Special Levies, Levy Payments and Overdue Levies

  Question: When recovering late levy payments, can the Owners Corporation recover the costs of using a lawyer/debt collector from the recalcitrant owner? In a previous response you mentioned that when recovering late levy payments, the fourth letter of Demand should be “by lawyer/debt collector”. Who is preferred in the first instance, a lawyer or…

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