Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…
Question: Do we need permission to tile over the top of tiles in our townhouse bathroom and laundry? We will not be disturbing the waterproofing or original tiles? Answer: Tiles are hard surface flooring and therefore considered a “minor renovation” under the legislation. If the strata committee has been delegated the power to approve…
Question: How many owners in a complex of 12 units are required to vote against a motion at an extraordinary general meeting. Answer: It depends whether you are asking about an unanimous, special or ordinary resolution. It depends whether you are asking about an unanimous, special or ordinary resolution. No one can vote against…
Question: We did not receive a levy invoice or a notice of arrears. The next period notice invoice for levies, strata is charging interest and there is a notice of arrears fee. Do we have to pay the arrears notice fee and interest if we never received the invoice? Answer: It depends whether you…
Question: Dogs at our complex yap for hours. The noise is driving me crazy but I’m not sure what I can do. Can you help? I live in a very large Strata unit complex. There is an overload of dogs here – almost like a Canine Hotel – but all in all they are…
Question: To help solve our resident parking problems, we would like to convert a visitor car park into a unit car space. Our strata manager tells us we can do this without having to comply with our development consent. Is this correct? I am one of the committee members for a 65 apartment building….
Question: Our sinking fund has run out of money and we need a lot of repairs and maintenance done to common property. the window paint has all peeled off and in some cases starting to rot, lintels are rusting, there is a very large common area window that needs to be replaced (totally rusted)…
Question: Our strata manager refuses to hold our AGM after office hours. Should this be an expected service or is he being inflexible? Our strata manager refuses to hold our AGM at 6.30 pm. He says his office closes at 6 pm and will not accommodate an owner who cannot attend until 6.30 pm…
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: 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: Our Strata committee has 6 members. Can any 3 strata members form a quorum without communicating with the other strata members? Our Strata committee has six members. I am told a quorum is three members. Do the six strata members have to be notified before a meeting or decision is to be discussed or…
Question: Can a vote on a decision be raised after a decision and expense has occurred? Under what circumstances does a decision require a special resolution? And who decides a special resolution is appropriate? Answer: Once an expense has been incurred and paid for it is difficult to reverse Once an expense has been…
Question: Our AGM will be held by electronic voting thereby negating any opportunity to debate motions on the Agenda. Is this considered fair and reasonable under current NSW Legislation? The Strata Manager and Strata Committee have orchestrated the AGM to be held by electronic voting thereby negating any opportunity to debate motions on the…
Question: As a special resolution is carried if “not more than 25% of the value of the votes cast are against the resolution”, can I confirm that “not more than 25% against” is different from “75% or more in favour”? The Act says a special resolution is carried if “not more than 25% of…
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…