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: I’m renovating my unit’s flooring. The flooring has magnesite and needs to be repaired by the Owners Corporations first. Should they draft the bylaw for the renovation? I am renovating my entire Unit’s Flooring. The Strata Committee is requesting that prior to doing any flooring renovations, the magnesite needs to be completely removed…
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: Our strata is demanding that we don’t store anything other than a car in our car spot? Is this Legal? If the boxes are neat and tidy, why can’t we store them in our parking lot? Answer: Your scheme may have the standard by-law 17, or have a specific by-law for prohibition of…
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 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…
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…
Question: We need to shave a little off the bottom of our entry fire door to install new floorboards. Is strata responsible for modifying or replacing the fire door, since the front fire door is common property? I am installing floorboards in my apartment which will raise the existing floor levels, consequently, I may…
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…
Question: I’d like the noisy tenants in the apartment above me to be aware of the disturbance they are creating and the lot owner to change the flooring and comply with sound proofing requirements. Is this achievable? The lot owner upstairs changed their flooring from carpet to timber floor without approval from strata. Since then,…
QUESTION: Are children allowed to play on the common property driveway? We have a group of families who socialise in the common areas? Is this allowed due to social distancing rules in NSW? Are children allowed to play on the common property driveway? What happens when children and their friends, either other residents or visitors,…
New AirBnB laws come into effect Friday 10th April 2020 by way of the insertion of a new clause 137A into the Strata Schemes Management Act, 2015 (NSW). Essentially: A by-law may only prohibit a lot from being used for short-term rental accommodation if the relevant lot is not the principal place of residence of…
Despite the much anticipated “pet-friendly” amendments to the new strata legislation, animals are still not automatically permitted in strata schemes even if they are kept wholly within the boundaries of an individual’s apartment. To determine what the keeping of animals position and pet rules for strata is in relation to any particular scheme you must…
Question: The advice I need concerns use of a driveway on common property. Two properties in a duplex, a very informal “strata” – never had a meeting, no minutes etc A driveway is on ‘common property’ leading to a garage that belongs to unit 2. An historical understanding that the driveway is common, and…
Question: I have a problem with the neighbours upstairs. I hear every footstep as their dining room is directly above me. They have parquetry flooring and no rugs or other floor coverings in their living areas. Visitors to my apartment agree the noise is unbearable. I do not have a good relationship with these…
Question: We purchased an Off-the-plan apartment and at the prepurchase inspection found our parking spot is the disabled parking space. Can they do this? Answer: You may have purchased what is known as an “adaptable” unit. It would appear you may have purchased what is known as an “adaptable” unit which is designed in…
Question: Is there a formula for setting strata levies to cover scheduled capital works and avoid a shortfall? We have identified a situation where projected levies will result in a shortfall. Answer: There is no accepted ratio for the determination of funds to be raised. There is no set “prudent” amount or accepted ratio…