Question: Some residents in our building use the visitor parking spaces as an additional parking spot. Is it possible to increase levies for these few residents and not all lot owners? Answer: First you need to ascertain from the development consent for the building exactly how many visitor parking spaces are required by law. Before…
Bathroom Renovation Question: One of the lot owners in our strata complex requires a major bathroom renovation and is expecting the owners to pay for it – is this correct? Answer: It depends on why the owner requires a major bathroom renovation. Presumably, it is because there is some defect in the common property slab…
Question: One of our lot owners has experienced damage caused by tree roots from a neighbour. Who is responsible for the cost of the remedial works to the adjoining property, the strata neighbour or the strata body? Answer: What is within the lot owner’s boundary is the responsibility of that individual owner. However, it…
Unit Entitlements Q: I would like to clarify the following: 1. Does owning a garage attached to a unit entitle the unit holder to have 2 votes? I thought that garage was a utility lot designed primarily for storage of goods or cars. As a result of this I am constantly outvoted on issues as…
AGM Timing Q: What are the rules concerning the actual time of day when a AGM is held? Last year ours was commenced at 3pm with the consequence that only 7 out of 24 lot owners were able to attend? A: Though the strata legislation is silent on the point, some general rules do apply….
Question: There are a number of very vocal apartment owners in my building who are against animals of any type, including a companion animal. Answer: If you can demonstrate your animal meets the requirements of a companion animal for the specific outlined range of disabilities, the Owners Corporation cannot prohibit the keeping of your…
Question: In NSW are fees regulated for providing strata roll access? Is there a standard fee that can be charged for lot owners to view the strata roll? As a lot owner. I’d like to gain strata roll access to view the information contained on our strata roll. Is there a standard fee that can…
Mediation Since the introduction of the new strata legislation, Strata Schemes Management Act, 2015 (NSW) (“SSMA”) it is no longer the case that you may automatically have legal representation at mediation. In fact, under Section 220 of the SSMA, you have no entitlement to legal or other representation, unless all the other parties to the…
Question: One family owns 61% of our scheme and use their strata unit entitlements NSW to block the committee and let the scheme run down. Would this situation be classed as dysfunctional? Answer: If the 61% family prevents the Owners Corporation from complying with its statutory obligations, then this would be a strong argument for…
Question: I require information on appointing a new Strata manager before the 12 month contract period is up. Our Strata manager rarely replies to emails and seldom ever replies to messages whether they are left on their mobile or sent via email. Answer: Your ability to end your existing contract with your current strata manager…
Strata Managers are trained professionals with the thorough knowledge and expertise required to ensure proper and timely compliance with a litany of legal, notice, meeting, accounting, capital works fund and administration fund monetary requirements relevant to your development. What a licenced strata managing agent can do for you: assist you during the formation of the…
In the case of sole trader Strata Managers (one person), how does the Executive Committee gain access to the Strata Trust Account if their strata manager passes away? In brief, the Unclaimed Money Act 1995 (the Act) now applies to unclaimed money held in a trust account under the Property, Stock and Business Agents Act 2002….
For those who like statistics, we have some numbers that might interest you. A total of 76,733 Strata Schemes were registered in NSW in February 2017. SCA (NSW) reports that as of February 2017 there were 821,044 strata lots registered with the NSW Land and Property Information (LPI), which is a significant 12,668 lots or 1.6%…
Jimmy Thomson from the Flat-Chat website wrote a great post on the importance of good strata managers. “Fair Trading … received 800 enquiries about strata managers and 48 official complaints last financial year – a rise of 50 percent on 2014-2015.” “Strata schemes can be cash cows where, often, investors vote for the lowest cost option…
Leanne has provided a response to a reader’s question received by LookUpStrata. The reader lives in a self-managed strata scheme of just two lots and has a challenging relationship with the other lot owner. The reader is now looking at involving the NSW Civil & Administrative Tribunal (NCAT) to apply for a NCAT order to appoint…
The Domain has written a nice article summarising 10 proof points confirming that you purchased a strata unit in a good block: The entrance hallway or foyer should be clean, bright and welcoming. The lifts should be clean and graffiti free. Neighbours greet each other with a smile Social activities are organised in your block,…
We have written a new article explaining how successful strata title scheme meetings, such as Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs) should be run. We cover the meeting notification, proxy’s, voting instructions, meeting quorums and typical strata motions you can expect to find on your agenda. Hit this link for the full article, and…
We have written an article explaining the somewhat complex Community Title Schemes. These are typically large developments that offer a mix of strata titled apartment buildings, townhouses and shopping centres with shared promenades and parklands. Community Title Management involves the management of property within these sometimes called ‘gated estates’. This includes the management of any shared infrastructure,…
We have written a new article explaining how you become and remain a Licensed Strata Manager, and why it is important to use the services of a fully qualified professional. We also cover how you can check whether your Strata Managing Agent is licensed by the Department of Fair Trading (NSW) and a member of…
The SCA has written a number of useful guides, which may be of interest to you. They cover the following topics: Meetings Builders Negligence- Owners Corporation Loses all Rights Dumped items or rubbish or furniture Goods and Services Tax Sinking Fund Plans What can owners corporations require when owners renovate apartments What do…