Question: Can a proxy vote be cast in AGM elections for Owners Corporation committee members? If Yes: The person granting a proxy to another person may not know who the committee candidates are, as candidates can be nominated as late as the AGM itself. Each incumbent committee member who be able to hold up…
Question: In NSW strata, how many committee members are needed to agree for the approval of building repairs or works? What is the NSW strata law regarding how many committee members can approve building repairs or works? In our building of eight lots, we have always stood by four committee member approvals as a…
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 committee members need to sign off on the approval for repairs or building maintenance work for NSW strata properties? Our new Strata Manager is approving work quotes when only one or two committee members have OK’d it verbally, without including the other committee members in any correspondence. Answer: Email direction is…
Question: Does a strata committee have the authority to exempt a resident from complying with a by-law? A resident has asked the Strata Committee, on somewhat questionable grounds, to exempt the applicant from the Strata by-law banning laundry on balconies. My question is does a strata committee have the authority to exempt a resident…
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…
Strata Committee Meetings Can a Strata Committee member at a Committee meeting ( not an Owners Corp meeting) have another committee member act as their proxy if they know they be absent from that meeting? Answer: Not as a “proxy” per se, but effectively, yes, with the consent of the strata committee, as per the section…
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: 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: 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: Is it necessary to record the names of movers and seconders in the Strata Committee minutes? What are the ramifications if those details are not recorded? Answer: There is no express requirement in the strata legislation to record such names, but you could record the names if you wanted to. There is no express requirement in the…
Question: Can a husband and wife both hold positions on a strata committee? Answer: Provided the rules on nominations were strictly observed at the time of their appointment, there is no restriction on a husband and wife both being on the strata committee. For the full question and our detailed response, visit the original…
Question: I’m renovating my unit’s flooring. The flooring has magnesite and needs to be repaired by the Owners Corporations first. Should they draft the bylaw for the renovation? I am renovating my entire Unit’s Flooring. The Strata Committee is requesting that prior to doing any flooring renovations, the magnesite needs to be completely removed…
Question: Are bylaws allowed to specifically prohibit ownership of dogs whilst cats and other animals are subject to approval? The bylaws in my building require pets (except for fish) to be approved by the strata committee. However there is a specific clause which prohibits dogs (with the exception of guidance & hearing assistance dogs)….
Question: Our strata manager insists all committee meeting minutes must be posted to the noticeboards. Isn’t it a legal requirement to supply the agenda directly to all lot owners? Meeting Procedures of Strata Committees I am a member of a strata committee in a strata plan containing 18 units. Our strata manager insists that…
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…