NSW: Q&A Special Levies, Levy Payments and Overdue Levies

  Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…

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NSW: Q&A Proxies and Voting Rules for Owners Corporation Meetings

  Question: How many owners in a complex of 12 units are required to vote against a motion at an extraordinary general meeting. Answer: It depends whether you are asking about an unanimous, special or ordinary resolution. It depends whether you are asking about an unanimous, special or ordinary resolution. No one can vote against…

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NSW: Q&A Special Levies, Levy Payments and Overdue Levies

  Question: We did not receive a levy invoice or a notice of arrears. The next period notice invoice for levies, strata is charging interest and there is a notice of arrears fee. Do we have to pay the arrears notice fee and interest if we never received the invoice? Answer: It depends whether you…

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NSW: Q&A Owners Corporation Committee Decisions

  Question: How many committee members need to sign off on the approval for repairs or building maintenance work for NSW strata properties? Our new Strata Manager is approving work quotes when only one or two committee members have OK’d it verbally, without including the other committee members in any correspondence. Answer: Email direction is…

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NSW: Q&A Keeping Pets in a Strata Building

  Question: Dogs at our complex yap for hours. The noise is driving me crazy but I’m not sure what I can do. Can you help? I live in a very large Strata unit complex. There is an overload of dogs here – almost like a Canine Hotel – but all in all they are…

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Ask Premium Strata – Strata Committee Meetings

Strata Committee Meetings Can a Strata Committee member at a Committee meeting ( not an Owners Corp meeting) have another committee member act as their proxy if they know they be absent from that meeting? Answer: Not as a “proxy” per se, but effectively, yes, with the consent of the strata committee, as per the section…

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NSW: Q&A Capital Works Fund – What Do We Need To Do Now?

  Question: Does the Owners Corporation have to pay sufficient money from levies into the Capital Works Fund? I have just discovered no money has been paid into the Capital Works Fund where I live for the last 3 years. Around 240 people live in the building. Answer: Yes, the Owners Corporation must pay funds…

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NSW: Q&A When are Pecuniary Interest Disclosures Required?

  Question: If a committee member submits a motion they have a vested interest in, shouldn’t they abstain from voting? Should the strata manager enforce this? Regarding the issue of a Strata Committee Member proposing a motion to the Strata Committee that they have a vested interest in, which constitutes a breach of conflict of…

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NSW: Q&A Strata Management Quotes and Appointments

  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…

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NSW: Q&A Quorum Requirements for the AGM

  Question: Our Strata committee has 6 members. Can any 3 strata members form a quorum without communicating with the other strata members? Our Strata committee has six members. I am told a quorum is three members. Do the six strata members have to be notified before a meeting or decision is to be discussed or…

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NSW: Q&A Proxies, Voting & Quorum Requirements for the AGM

  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…

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NSW: Q&A Positions on the Strata Committee

  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…

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NSW: Q&A Strata Management Quotes and Appointments

  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….

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NSW: Q&A Using Electronic Voting to Fast Track Committee Decisions

  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…

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