NSW: Q&A Positions on the Strata Committee

  Question: As an over 55s strata, our “pool” of likely contenders for interest in being a committee member is shrinking as lot owners age. We do have a good Strata Manager. What happens in this situation? Our NSW over 55s Strata is due to have its AGM next month. At this stage, none of…

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NSW: Q&A Who sets the agenda, Explanatory notes

  Question: At our last AGM I proposed a motion that meetings be held after 6pm. Our Strata Manager denied the motion from being on the agenda. Does the Strata Manager have authority to dismiss a motion? proposed a Motion for our last AGM within the correct guidelines and timing, that being, that future Annual…

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NSW: Q&A Quorum Requirements for the AGM

  Question: We had an AGM where 2 of 3 owners attended. Is this a quorum? We had an AGM where 2 of 3 owners attended. Is this a quorum? The meeting date was changed to suit the strata and therefore our proxy couldn’t attend. Is this in line with the legislation? The notice of…

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NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

  Question: I believe one of our bylaw is harsh, unconscionable or unreasonable. As a lot owner, should I apply to NCAT for the Tribunal to decide or should concerns first be raised to the Strata Committee or at a General Meeting? Answer: The procedure is to make an application for an Order declaring the…

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NSW: Q&A Positions on the Strata Committee

  Question: Although our committee is made up of 8 members, the position of Treasurer, Secretary and Chairperson are all held by the same person. Is there something in legislation to say this can be or can’t be done? Answer: This scenario is contemplated by the strata legislation. This scenario is contemplated by the strata…

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NSW: Q&A Monitoring the Owners Corporation During Strata Purchase

  Question: When a strata property is sold, who is responsible for updating the strata ownership records? Is it the vendor or the purchaser’s responsibility? Answer: This is both the vendor’s and the purchaser’s responsibility. This is both the vendor’s and the purchaser’s responsibility. During the conveyancing process a “strata interest notice” pursuant to Strata Schemes…

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NSW: Q&A Strata Unit Entitlements – How are they Calculated?

  Question: Some lot owners have requested a motion that the lot entitlements be updated. Can all costs incurred for the amending of the entitlements be payable by the owners requesting the amendments? We are holding a special meeting this week and some of the lot owners have requested a motion that the lot entitlements…

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NSW: Q&A Who sets the agenda, Explanatory notes

  Question: Can significant matters that require special resolutions be raised verbally under a general heading at the AGM? At our recent AGM, two matters were discussed that were not specified on the agenda. Both items were raised verbally. The first was under ‘Maintenance’. The second matter, requiring a special resolution, was introduced in our Zoom…

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NSW: Q&A Exclusive Use of Common Property

  Question: The building manager has taken over common area, installed a lock and now uses this space as a storage room. Can they change the room description and use without consulting owners? I am in a lot owner in a NSW residential 3 floor unit block. We have a common area drying room on…

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NSW: Q&A Installing air conditioning in an apartment

Question: Does the strata committee have the right to block me replacing my non-working aircon unit with a similar unit? I have applied to strata committee to replace my ageing non-working air conditioning unit with like replacement. I have sent detailed plan of replacement to the committee. There are no new attachments or invasion of…

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NSW: Q&A Owners Corporation Committee Decisions

Question: The committee chair entered into a $13,000 contract with a landscaping company without the deal being minuted. What can be done to censure the chair and what can be done to legitimise the deal? Answer: We would recommend ratifying the decision at a general meeting of the owners corporation. In the absence of bad…

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NSW: Q&A Owners Corporation Committee Decisions

Question: Two Committee members made changes to common areas without any vote and used the common seal without approval. What process should have been followed? We are a strata of 3 townhouses. Is it illegal for 2 committee members/owners to use our strata’s common seal representing the Owners Corporation without having put the use of…

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