Question: There are a number of very vocal apartment owners in my building who are against animals of any type, including a companion animal. Answer: If you can demonstrate your animal meets the requirements of a companion animal for the specific outlined range of disabilities, the Owners Corporation cannot prohibit the keeping of your…
Question: Where will the financial responsibility lie for the fibre optic upgrade to individual units, assuming a majority of the owners corporation want direct fibre to their home? Answer: When it comes to the fibre optic upgrade, there is no hard and fast rule. There is no hard and fast rule, however, before considering…
Question: A noisy neighbour has replaced carpet with vinyl boards. This renovation was done without owners corporation approval. The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly. Answer: The Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of…
Question: An old cooling tower in our building only services a proportion of the apartments. What are the strata committee powers? The committee is proposing to replace the tower with ducted air conditioning to the affected units at the cost of the Owners Corporation. Answer: The strata committee seems to be abusing their powers and…
Question: In NSW are fees regulated for providing strata roll access? Is there a standard fee that can be charged for lot owners to view the strata roll? As a lot owner. I’d like to gain strata roll access to view the information contained on our strata roll. Is there a standard fee that can…
Mediation Since the introduction of the new strata legislation, Strata Schemes Management Act, 2015 (NSW) (“SSMA”) it is no longer the case that you may automatically have legal representation at mediation. In fact, under Section 220 of the SSMA, you have no entitlement to legal or other representation, unless all the other parties to the…
Question: One family owns 61% of our scheme and use their strata unit entitlements NSW to block the committee and let the scheme run down. Would this situation be classed as dysfunctional? Answer: If the 61% family prevents the Owners Corporation from complying with its statutory obligations, then this would be a strong argument for…
Can parking offenders be towed from the common property? Under the new strata legislation, the Owners Corporation has finally received new powers to tow vehicles in breach of by-laws. On the downside, the Owners Corporation must tolerate the offending vehicle for at least five (5) days before it may take any action. Upon service of…