Question: What should lot owner’s know at the First AGM regarding building defects? Do we need to know about enforcing statutory warranties? Answer: The owners corporation needs to enforce the statutory warranties – depending on the contract date for the works. The system is based on self- help. The owners corporation needs to enforce the statutory warranties…
Question: We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us? She borders on bullying. Answer: Speak to the principal of the strata management agency and asking for their intervention. Personality conflicts are inevitable in strata and other contexts – have you thought about…
Faulty Waterproofing I live in a unit complex in Sydney and there are 76 units. My strata contracted (& paid for) a company to come fix my faulty waterproofing on my balcony. In order to access the faulty waterproofing, the company had to remove/lift the wooden deck on the balcony. During the process of repairing the faulty…
Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her hanging of washing on the balcony practices. Answer: Issue a notice to comply with the washing on the balcony bylaw and then pursue the matter through NCAT….
THE SCHEME The strata building bond and inspections scheme began on 1 January 2018. It applies to building contracts executed from this date – or where there is no written contract – building work that commences from this date, to construct residential or partially-residential strata properties that are four or more storeys. Buildings that are…
Question: During the strata dispute resolution process, if an Owners Corporation breaches court orders, what recourse does the owner have? Answer: The failure by the owners corporation to comply with the NCAT Orders could be the basis upon which to seek the compulsory appointment of a strata manager. The failure by the owners corporation…
Question: We have a general By-law stating residents must not park on common property without written approval. Is this sufficient or should we specifically refer to visitor parking spaces? Answer: A very specific visitor parking by-law should be drafted by a strata lawyer. Technically, this by-law is adequate because visitor car parking is common property. However,…
Question: A regular visitor to our building has exhibited violent behaviour to lot owners and we are concerned about resident safety. How do we proceed to protect neighbouring lot owners? Answer: It seems your only avenue would be to apply for an APVO – not APO. Though we are not criminal lawyers, it seems your…