NSW: Q&A Can’t Get Access from Neighbour to Install NBN

  Question: The owner of my neighbouring unit refuses to allow access to his roof space so I can install NBN to my apartment. Can he be forced to allow access? Answer: The NBN technician will know what statutory rights. The NBN technician will know what statutory rights to access he has for his carrier…

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NSW: Q&A Strata Obliged to Supply a Common Area Water Tap?

  Question: In NSW is there is an obligation for the strata to provide a common area water tap / garden tap for use of residents for garden watering and car washing? Answer: There is no general obligation to install a common area tap to which you refer, however, the owners corporation is free to do…

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Q&A Vetos and Alterations to Common Property in NSW

  Question:This site recently replied to an SA question about Common Property Alterations. Is the response also applicable for alterations to common property in NSW? Answer: The balance of decision making power by an owners corporation is by simple majority. Changes to common property in NSW and Types of Resolutions The NSW position regarding changes…

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NSW: Q&A Are there template renovation bylaws available?

  Question: Are there any templates available of renovation bylaws? Answer: Yes, you may purchase detailed renovation bylaws which regulate the carrying out of renovations and modifications Yes, you may purchase detailed renovation by-laws which regulate the carrying out of renovations and modifications to a lot which may specifically authorise the executive committee to sign off…

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NSW: Q&A Children and Noise Complaints in Apartments

Question: Are children excluded or exempted from breaching any provisions in the Strata Schemes Management legislation or any By-Law Clauses of the Strata Plan? Answer: Occupiers of the lot are responsible to ensure no noise may interfere with someone else’s use of their lot or common property. In our view it is not that they…

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NSW: Q&A Is a ByLaw needed for BBQs on Apartment Balconies

  Question: Should we have a bylaw allowing residents to have a BBQ on their apartment balcony? If we have no bylaw and a BBQ becomes a fire hazard, will the Strata Committee Members be held liable? Answer: You need to check what your contract states with regard to strata manager insurance commissions. We have…

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NSW: Q&A Can an Apartment Garage be Used Exclusively for Storage?

Question: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance? Answer: Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor…

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Ask Premium Strata – Inactive Body Corporate Member

Inactive Body Corporate Member Could you please advise if a member of our Executive Committee –  ‘Community Title’ – who has not attended any meetings since election but has proxied other members can be removed due to non participation. He also doesn’t answer emails sent out by the committee. Thanks for your help! Answer: The legislation contemplates…

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Ask Premium Strata – Pets and Strata Bylaws

Pets and Strata Bylaws My super owns an investment unit within a strata which previously had an “Option B” pets policy but has recently changed that bylaw to “No Pets”. I bought the property, obviously, as an investment property and this new bylaw severely limits my ability to rent my property. Do I have any…

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NSW: Q&A Can A Strata Bylaw Set a Size Limit for Dogs?

  Question: My Owners Corporation has a bylaw setting a size limit for dogs in our building. Is this reasonable? How can I know how big my puppy will get? Answer: There are all types of pets by-laws including those with weight restrictions. There are all types of pets by-laws including those with weight restrictions – we…

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NSW: Q&A The First AGM, Building Defects and the Statutory Warranty

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…

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