NSW: Q&A Who Do I Contact for Repairs to Common Property?

  Question: Is it allowable/acceptable to get in touch directly with strata manager for unit repairs to common property, rather than go through the executive committee? Answer: Yes, because in all likelihood, before the strata manager issues a work order for the repairs (subject to the extent of repairs), the strata manager will seek approval…

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NSW: Q&A Does Strata Maintain My Air Conditioning Unit?

  Question: Our air conditioner was installed incorrectly by the builder 5 years ago. Is the repair of the resulting leak part of the strata maintenance responsibilities? Answer: As it is likely not common property, you would need to repair it. Generally speaking and without knowing where the external unit is located, an air-conditioning unit…

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NSW: Q&A Strata Obliged to Supply a Common Area Water Tap?

  Question: In NSW is there is an obligation for the strata to provide a common area water tap / garden tap for use of residents for garden watering and car washing? Answer: There is no general obligation to install a common area tap to which you refer, however, the owners corporation is free to do…

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Q&A Vetos and Alterations to Common Property in NSW

  Question:This site recently replied to an SA question about Common Property Alterations. Is the response also applicable for alterations to common property in NSW? Answer: The balance of decision making power by an owners corporation is by simple majority. Changes to common property in NSW and Types of Resolutions The NSW position regarding changes…

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NSW: Q&A How Does the Committee Organise a Leaky Roof Repair?

  Question: What steps do we take to organise a leaky roof repair? What if some owners refuse to pay? Answer: The roof repairs will be common property and a repair that jointly the Executive Committee and the appointed Strata Manager would arrange for its repair. The roof repairs will be common property and a repair that…

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NSW: Q&A Are there template renovation bylaws available?

  Question: Are there any templates available of renovation bylaws? Answer: Yes, you may purchase detailed renovation bylaws which regulate the carrying out of renovations and modifications Yes, you may purchase detailed renovation by-laws which regulate the carrying out of renovations and modifications to a lot which may specifically authorise the executive committee to sign off…

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NSW: Q&A Children and Noise Complaints in Apartments

Question: Are children excluded or exempted from breaching any provisions in the Strata Schemes Management legislation or any By-Law Clauses of the Strata Plan? Answer: Occupiers of the lot are responsible to ensure no noise may interfere with someone else’s use of their lot or common property. In our view it is not that they…

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NSW: Q&A EGM Motions on an Agenda

  Question: What are the protocol and procedures for dealing with requests from a Lot owner for an EGM and a motion on the agenda? Answer: Instead of convening a meeting specifically for the requirement, you may place the motion on an agenda for the next general meeting No. Schedule 1 Clause 4 (3) requires the Secretary…

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NSW: Q&A Is a ByLaw needed for BBQs on Apartment Balconies

  Question: Should we have a bylaw allowing residents to have a BBQ on their apartment balcony? If we have no bylaw and a BBQ becomes a fire hazard, will the Strata Committee Members be held liable? Answer: You need to check what your contract states with regard to strata manager insurance commissions. We have…

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NSW: Q&A Can an Apartment Garage be Used Exclusively for Storage?

Question: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance? Answer: Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor…

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Ask Premium Strata – Inactive Body Corporate Member

Inactive Body Corporate Member Could you please advise if a member of our Executive Committee –  ‘Community Title’ – who has not attended any meetings since election but has proxied other members can be removed due to non participation. He also doesn’t answer emails sent out by the committee. Thanks for your help! Answer: The legislation contemplates…

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Ask Premium Strata – Pets and Strata Bylaws

Pets and Strata Bylaws My super owns an investment unit within a strata which previously had an “Option B” pets policy but has recently changed that bylaw to “No Pets”. I bought the property, obviously, as an investment property and this new bylaw severely limits my ability to rent my property. Do I have any…

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