Question: Who is responsible for the maintenance and repair of outdoor lights on each of the townhouse walls in both front and back yard? These external lights were installed when the townhouses were originally built. Answer: The exterior lights would likely be your responsibility. While we have not seen your by-laws or notations on…
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: Our strata manager insists all committee meeting minutes must be posted to the noticeboards. Isn’t it a legal requirement to supply the agenda directly to all lot owners? Meeting Procedures of Strata Committees I am a member of a strata committee in a strata plan containing 18 units. Our strata manager insists that…
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…
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…
Question: In a duplex, we each have exclusive use of our yard and garden. Isn’t this therefore our responsibility to maintain? The other lot owner would like the owners corporation to remove a tree. I live in a duplex. Both units have exclusive use of their yard and gardens. The owner of the other unit…
Question: To undertake major and minor renovations, do we need a separate by-law submitted for each item or can it all be included in one special renovation by-law? When an owner wants to renovate to undertake major and minor renovations does this need a separate by-law passed for each bit of work or can it…
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…
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…
Question: Our secretary only records the Strata committee minutes, including what she wants our owners corporation to hear. What can we do to get our processes back on track? Our NSW strata committee members are frustrated and concerned that our secretary only records (in Strata committee minutes), what she wants our owners corporation to hear….
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…
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…
Question: I suspect my committee is meeting secretly and calling themselves a sub-committee, for the purpose of keeping proceedings of a significant matter away from residents. For a Community Scheme in NSW, does the legislation state that an agenda must be sent to all lot owners prior to a committee meeting being held, and that…
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…
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…
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…