NSW Building Industry Springs into New Beginnings

  Strata is thriving this Spring! The NSW Government along with David Chandler and the Office of the Building Commissioner are steaming ahead in cementing NSW as a Building Industry powerhouse. With the recent building industry failings and development oversights that have come to light in NSW the OBC has been granted new powers. As…

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NSW: Q&A Strata Manager Complaints and Bullying

  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…

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NSW: Q&A Strata approval for renovations – What is the process?

  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….

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NSW: Q&A Proxies, Voting & Quorum Requirements for the AGM

  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…

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NSW: Q&A Positions on the Strata Committee

  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…

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NSW: Q&A Carrying out External Paint Work

  Question: At no cost to the owners corporation, we’d like to paint an unpainted common area exterior wall. How can we get this action sanctioned and take advantage of this improvement? It has been suggested that we have some unsightly unpainted interior walls in our complex spruced up with a coat of paint. Currently,…

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NSW: Q&A Strata Management Quotes and Appointments

  Question: We wish to change strata managers. What is the procedure regarding the Strata Management company during this process? Do they have a vote? Can they vote against the change? Answer: Care must be exercised to comply with the terms of the contract appointing the current Strata Management Company and with the strata legislation….

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NSW: Q&A Water damage on my ceiling from the apartment upstairs

  Question: The apartment upstairs had some water leakages which has damaged my apartment. Am I responsible for repairs to the damage inside my unit? I own an apartment in NSW which is tenanted and agent managed. The apartment upstairs had some water leakages which has damaged both the duct connecting the floors as well…

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NSW: Q&A Can I Keep Pets in a Strata Building?

  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)….

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NSW: Q&A Using Electronic Voting to Fast Track Committee Decisions

  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…

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New regime for the Disposal of Abandoned Goods

From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. The regulation of the treatment of abandoned goods in strata schemes has been transferred from the Strata Schemes Management Act, 2015 (NSW) (“SSMA”) to the Uncollected Goods Act, 1995 (NSW) (“UGA”). The process for the removal…

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July 2020 Changes to Strata Schemes – What you Need to Know

  Rectification of building defects amendments to the Strata Schemes Management Act, 2015 (NSW) (“SSMA”) commenced on 1st July 2020 pursuant to the Strata Schemes Management Amendment (Building Defects Scheme) Act, 2018 (NSW).  These are welcome new laws which increase the rights of owners corporations to make claims against builders, developers and others to have…

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NSW Q&A: EGM Agenda

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…

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