NSW: Q&A Strata Management Termination and Appointments

  Question: Our committee has accepted a new MAA while we still had a year on the current agreement. There are fee increases and other changes. Why would this occur? I’m new to owning a strata lot and new to being on committee. A new managing agency agreement was presented at our AGM and quickly…

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NSW: Q&A Remediation of Serious Building Defect

  Question: A poorly constructed box gutter channels rainwater into our apartment. We’ve been requesting help from the owners corporation for years, but they keep pushing us aside. What do we do? We have a rooftop on our apartment that runs parallel with a poorly constructed box gutter. This box gutter has water runoff from other…

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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 How do we Deal with Strata Manager Complaints and Bullying?

  Question: If the strata manager gives incorrect advice causing a monetary loss to the owners corporation, what remedy is available to the OC? Answer: The type and quantum of liability of the managing agent is limited. Generally, the strata management agency agreement between the Strata Management Agency and Owners Corporation will set out the liability of…

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NSW: Q&A Strata Management Termination and Appointments

  Question: One of our EC members has called a general meeting to terminate our current strata manager and appoint a new one. He states there is a dispute about the length of the current agreement. Should the meeting proceed or be postponed until the disputed term has been settled? I am a member of…

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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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New Strata Hub is coming soon!

  Strata Hub is nearly ready to go live! As you will have read from our previous newsletters, the NSW Government has introduced a new portal, Strata Hub, to enable ease of access to key information relating to strata schemes. There has been a delayed start date due to the large number of strata schemes…

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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 Strata approval for renovations – What is the process?

  Question: I’m seeking approval for new floorboard, but the committee insists upon a specific and expensive underlay. Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen? I’m seeking permission from the Exec Committee to update my old floating floorboards to new…

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NSW: Q&A Strata approval for renovations – What is the process?

Question: I’d like to carry out minor renovations to my unit’s bathroom and kitchen. What is a reasonable amount of time for the committee to approve minor renovations once all plan documents have been provided? Answer: The owners corporation has failed to exercise its function if it does not exercise it within 2 months of…

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NSW: Q&A Disabled Parking Rules in Apartments

  Question: My lot has a huge disabled parking spot for my adaptable unit. It’s big enough for 2 small cars. Is there a regulation or law that restricts me from parking 2 cars in this space? My lot has a huge disabled parking spot for my adaptable unit. It’s big enough to park 2…

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The new NSW Strata Hub!

The Strata Schemes Management Amendment (Information) Regulation, 2021 (NSW) commences on 30th June 2022. Owners Corporations will have to provide information annually to Fair Trading in the approved form: for the first time— if the first annual general meeting of the owners corporation is held on or before 30 June 2022—by 30 September 2022, or…

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

  Question: A lot owner in our small block has consistently been in arrears with levies. Although they are on a payment plan the situation is not improving. Do we have other options to recover the overdue levies? We have one owner in our small strata block of six that has consistently been in arrears…

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