Question: A resident pet owner does the right things cleaning up dog poo on common property but not within their own lot. How do we enforce clean up of their lot and stop the smell! A lot owner has felt it necessary to draw the Strata Committee’s attention to repeated instances of pet faeces…
Question: I have an apartment with a balcony in NSW and can I put artificial hedge roll on my pole for decoration? Answer: While the decorative item is easily removed, it may offend the “keeping within the appearance of the building” by-law: While the decorative item is easily removed, it may offend the “keeping…
Question: If you are not adequately satisfied with the performance of your strata manager, can’t you just swap them for a new one? If you are not adequately satisfied with the performance of your strata manager, then instead of prolonging the agony, it’s best to just give them the heave-ho and replace them with…
Question: I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Are they in breach of the legislation? I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Also, I had submitted…
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…
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: A builder has confirmed I have water between my tiles and the waterproofing layer in my bathroom. I have contacted strata. What do I do now? I had noticed something wrong with the grout in my bathroom and my metal door frames are starting to get corrosion on them. I organised for a…
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…
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….
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: 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,…
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….
Question: My townhouse has a compact garden with a tiled patio and lawn (within my lot). Can I take up the patio and reconfigure my outdoor landscaping to better suit my taste? Do I need approval? Answer: Yes, you need approval by way of a by-law Yes, you need approval by way of a…
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…
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: What law now governs the towing of motor vehicles? Answer: From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. The regulation of the treatment…
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…
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…