Question: A lot owner has carried out works on his balcony and installed air conditioning without approval. What steps should the OC take to protect themselves? An owner has tiled his balcony and installed air conditioning with a visible compressor sitting on the balcony. The owner has not obtained permission and we do not…
Question: Who is responsible for a broken window in a strata unit? Who is responsible for a broken window in a strata unit? Who should be invoiced – the tenant (occupying at the time the glass broke), the owners, or the Owners Corporation? I have read the Fair Trading Common Property Memorandum but under 9 Windows…
Question: My new neighbours in the unit above uses incense in their unit every day. The smell fills up my unit and in the public passageway. What legal rights do I have? Is it all right to get the police involved? Answer: BBQ smoke, cigarette smoke and possibly incense smoke drift could potentially be…
Question: Two large common property trees are blocking views and sunlight in our 5 lot scheme. The majority want them trimmed, but two owners disagree and say we cannot trim the trees. How do we proceed? In a block of 5 units, we have two trees in our common garden. The trees have grown…
Question: Our secretary takes full control at meetings, will not let anyone make any comments or ask any questions. We all feel very bullied by this person. What can we do? At our monthly Owners Corporation meetings, although the whole committee including the chairperson attended, the meeting was run by our overbearing secretary. We…
Question: We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other lot do not want to pay for the property to be repainted. We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other…
Question: Our owners corporation is part of a BMC. Is it regulation that the financial and annual budget of the BMC be presented to the strata committee or owners and approved at a committee meeting before the owners corporation AGM? I am an owner in an owners corporation that has shared facilities (BMC) with another…
Question: One townhouse in our complex has a tree growing within their lot that is now covering a section of the roof and contributing to blocked gutters. Can you please confirm whether or not it is the unit owner or the Strata’s responsibility to prune the offending tree? Answer: Once you determine where the tree…
Question: Can we combine 2 strata lots to create one large lot? What do we need to consider? We own a two-bedroom strata apartment and are considering buying the one-bedroom apartment next door to increase our overall space and give each of our daughters their own room, etc. If no one else’s lots, building stability,…
Question: How can I stop the never-ending nightmare of raising special strata levies? We purchased a unit in April 2018 with special levies meant to finish in June 2020. The strata have continued to raise special levies and the quote agreed on in 2016 (apparently) has more than doubled. I want this money back. I…
Question: If I replace my old window and the owners corporation decides to replace all windows in the future, will I be liable for the special levy? I am about to renovate my unit and want to replace an old window with a louver. This process will cost about $5,000. I don’t mind paying, however,…
Question: I’m renting a unit in Brighton-Le-Sands, southern Sydney and I have a double garage. Can I use the garage for DIY projects rather than for parking of vehicles? Answer: Seek strata permission through your strata manager or your strata committee. It is advisable to seek strata permission through your strata manager (if you…
Question: Our Strata Manager keeps coming into my garage to have a look around etc. Am I entitled to ask them politely to ensure all correspondence between us is through email, text or phone call? Answer: It is unclear why your strata manager keeps trespassing. Yes, absolutely, you should ask them to refrain from…
The Strata Schemes Management Amendment (Sustainability Infrastructure) Act, 2021 No 1 (NSW) (the “Amendment Act”) has introduced important amendments to the Strata Schemes Management Act, 2015 (NSW)(the “Act”). Keeping of animals You may have seen the media coverage of the landmark NSW Court of Appeal decision in Cooper v The Owners – Strata Plan No. 58068 [2020] NSWCA 250 (“Cooper”) which…
Question: If an issue in common property leads to flooding in the unit and damage to the unit, is the owners corporation responsible to repair or reimburse the costs incurred to fix the damage? If an issue in common property leads to flooding in the unit and damage to the floor or ceiling within…
Question: As a new owner can my building manager charge me $140 per access card x 4 to access my lot? As a new owner can my building manager charge me $140 per access card x 4 to access my lot? The two access cards provided by the previous owner have been deactivated. My family…
Question: My strata manager is withholding some of my levy notices. How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails? I think my strata manager is withholding some of my levy notices. They say I am unfinancial, therefore I could not vote at the…
Question: One townhouse in our complex has a tree growing within their lot that is now covering a section of the roof and contributing to blocked gutters. Can you please confirm whether or not it is the unit owner or the Strata’s responsibility to prune the offending tree? Answer: Once you determine where the…
Question: My wife and I are co-owners. Do we really have to submit proxy forms for the other when only one of us attends a meeting? My wife and I are co-owners. My reading of the act is that if one of us is not at the meeting then the other speaks and votes for…
Question: How do we force a decision in a 4 unit, self-managed complex? There are always 2 for and 2 against. Strata is a democracy and it comes back down to a vote. Generally a four lot scheme can create more work than a 400 lot scheme because of that one reason where you just…