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…
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…
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…
Question: We have a non resident who irregularly uses visitor parking while he commutes. He has no connection with our scheme. Are we able to tow his car and is it the best option? Answer: As the vehicle is only parked one day at a time you will not satisfy the notice requirements needed…
Question: My Owners Corporation has a bylaw setting a size limit for dogs in our building. Is this reasonable? How can I know how big my puppy will get? Answer: There are all types of pets by-laws including those with weight restrictions. There are all types of pets by-laws including those with weight restrictions – we…
Question: What should lot owner’s know at the First AGM regarding building defects? Do we need to know about enforcing statutory warranties? Answer: The owners corporation needs to enforce the statutory warranties – depending on the contract date for the works. The system is based on self- help. The owners corporation needs to enforce the statutory warranties…
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. Answer: Speak to the principal of the strata management agency and asking for their intervention. Personality conflicts are inevitable in strata and other contexts – have you thought about…
Faulty Waterproofing I live in a unit complex in Sydney and there are 76 units. My strata contracted (& paid for) a company to come fix my faulty waterproofing on my balcony. In order to access the faulty waterproofing, the company had to remove/lift the wooden deck on the balcony. During the process of repairing the faulty…
Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her hanging of washing on the balcony practices. Answer: Issue a notice to comply with the washing on the balcony bylaw and then pursue the matter through NCAT….
THE SCHEME The strata building bond and inspections scheme began on 1 January 2018. It applies to building contracts executed from this date – or where there is no written contract – building work that commences from this date, to construct residential or partially-residential strata properties that are four or more storeys. Buildings that are…
Question: During the strata dispute resolution process, if an Owners Corporation breaches court orders, what recourse does the owner have? Answer: The failure by the owners corporation to comply with the NCAT Orders could be the basis upon which to seek the compulsory appointment of a strata manager. The failure by the owners corporation…
Question: We have a general By-law stating residents must not park on common property without written approval. Is this sufficient or should we specifically refer to visitor parking spaces? Answer: A very specific visitor parking by-law should be drafted by a strata lawyer. Technically, this by-law is adequate because visitor car parking is common property. However,…
Question: A regular visitor to our building has exhibited violent behaviour to lot owners and we are concerned about resident safety. How do we proceed to protect neighbouring lot owners? Answer: It seems your only avenue would be to apply for an APVO – not APO. Though we are not criminal lawyers, it seems your…
Centreline Rule Question: I have been reading up on your weekly posts regarding the ‘Centreline Rule’ for Strata Plans registered before 1974. I read that Bannermans Lawyers response was that the boundary between lots applies to walls, floors and ceilings etc. Do you agree? What’s your opinion, does it applies to floors? Answer: Great to hear…
Question: I was fined for not parking in a visitor parking space at my girlfriend’s apartment. They are pursuing her for the money. Is this parking fine from the owners corporation valid? Answer: Only NCAT has jurisdiction to issue “fines” or “penalties” in this context. Therefore, it is highly unlikely this fine could be enforced. Only…
Question: Can I appoint an agent to receive all correspondence including owners corporation meetings information and levy notices? My strata manager insists this must go to the registered owner. Answer: You are correct. You are entitled to appoint an agent to receive notices. You are correct. Under Section 155 below (emphasis added), you are entitled to…
The “postal” rule which used to provide that a document served by post was deemed served on the fourth (4th) working day, has been amended to now provide that a document is deemed served on the seventh (7th) working day after the day of postage. This amendment was effected by Schedule 1.18 of the Justice…
Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her laundry drying practices. Answer: Issue a notice to comply and then pursue the matter through NCAT. The owner is clearly in breach of the by-law, so…
Question: Due to a common property defect, my tiles were damaged in an area on my verandah. As the tiles could not be matched, the whole space must be retiled. Should the OC pay for all work? Answer: There is a strata titles case very similar to yours. There is a strata titles case…
Question: A lot owner has a very regular visitor who has been given a security pass to our garage and his car is regularly in our single strata visitor car parking spot. He has become quite territorial about the space. How do we handle this? Answer: The owners corporation’s strategy should be to enter…