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: Rescinding Resolutions

Question: in relation to the article: NSW: Q&A Can Owners Corporation committee decisions be reconsidered? can you please point me to the section or clause in the SSMA 2015 or SSMR 2016, that refers to rescinding resolutions as referred to in this article 359? Answer: Any decision made by a corporation may be reversed.  Further, Sch…

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NSW Q&A Section 100: The Power to Borrow Money

Question: At our next EGM we will be voting on whether to take out a Strata Loan to cover remedial works. What procedure is required for acceptance of this Motion?   Answer: A resolution approving the relevant loan has to be passed at a general meeting of the owners corporation. Section 100 of the Strata Schemes…

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NSW Q&A: Spending Limits for Council Owners

Question: In relation to the LookUp Strata article addressing spending limits for items not in the Council of Owners’ budget for Western Australia, do these limits apply in all states or only WA? I am in NSW. Answer: In NSW, the strata committee may be restricted on spending limits or any other matter or type of…

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Can parking in your own car space be considered a nuisance?

In a recent decision of The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 (Veney Case), the Supreme Court of NSW was asked to consider: whether they could make a declaration implying an additional term into an exclusive use by-law, being a by-law which gave the relevant owner the exclusive use of a common property car…

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NSW Q&A: Strata Court Dispute Over Dog

Question: Due to complaints from one neighbour, our strata is trying to take us to court over our small dog. Other neighbours confirm the dog is fine. Do I have any right to keep the dog and not get taken to court? Our strata is currently trying to take us to court over our small…

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NSW: Q&A Smoke Drift From Neighbour Who Smokes Outside

Question: How do we handle the other duplex lot owners who smoke outside their lot. Smoke drifts over the dividing fence and into my aging father’s lot. We are looking for information about how to handle the other lot owners who smoke in the back yard of their duplex. The smoke drifts over the dividing…

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Latest AirBnB News

A quick reminder about the AirBnB changes to the strata legislation which commenced on 10 April 2020 and the new smoke alarm requirements which commenced 23 March 2020. New Smoke Alarm requirements for landlords and agents From 23 March 2020, NSW landlords and agents are required to ensure that smoke alarms installed in rental premises…

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NSW: Q&A Duties of Strata Treasurer. Is there a job description?

Question: Our Strata Treasurer holds a Petty Cash amount which we understand has been spent. We have asked for receipts but he has declined to table a reconciliation. What action can we take? I have a question relation to NSW Strata Schemes Management Act 2015 Section 93 The financial statements for any other fund must specify…

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